Judge Sends Clear Message to Grizzly Killers

POCATELLO - Federal District Judge B. Lynn Winmill intended to send a clear message when he pronounced sentence on two men who had pleaded guilty to charges related to killing of a grizzly bear cub and destroying a radio tracking collar. The message, "Those who kill threatened and endangered species and then try to hide it will not be tolerated!" On April 12, 2006 at the United States Federal District Court in Pocatello, Idaho, Federal District Judge B. Lynn Winmill completed the sentencing hearing for two Upper Valley men who had pleaded guilty to an incident on Sawtell Peak in September of 2002 of killing a protected grizzly bear cub and destroying a radio tracking collar. The two men, Tim Brown (38) of Island Park and Brad Hoopes (36) of St. Anthony, previously pleaded guilty to the charges and the purpose of the hearing was to determine sentencing. The hearing took on the air of a trial because of a dispute between the United States Fish & Wildlife Service (USWFS) and the defendants as to the reason they killed the cub. The defendants claimed they shot the cub in self defense and dispatched it later as part of a mercy killing. The USFWS charged that the men actually killed the cub in cold blood. Forensic evidence presented at the case by the USFWS showed that the cub had not been mortally wounded and that rather than being a mercy killing, the confused cub was shot from behind while trying to flee the area after spending the evening attempting to suckle its dying mother. After hearing all the testimony and observing all the evidence, Judge Winmill stated that, "While this was not an easy caseÉwhen you kill an endangered species there will be consequences." During testimony on behalf of the defense, co-defendant Daniel Walter of Kentucky, who pled guilty earlier in the year to killing the cub's mother, stated "Tim said that what we had done was a service to the hunters of Idaho. We don't want or need grizzly bears." Walters had already been fined $15,000 dollars for the killing of the female bear. Brown said he could not recall making the statement and that everyone had agreed to the cover up. Judge Winmill stated that there was, "A tremendous conflict in testimony," but that in the end, physical evidence led him to decide against Brown and Hoopes. An expert witness for the defense was little help to the men when it was later pointed out that he had misidentified which side of the bear a damaged shoulder blade had come from. All of the individuals charged in this case had been members of a large hunting party staying at the lodge of former NFL player Merrill Hodge. While Hodge was not in Idaho at the actual time of the incident, Brown stated that he was instructed by Hodge over the telephone to accompany and help find the bear that Walters had wounded, a bear they thought might be a grizzly. During his testimony Brown said he called up Hodge after the group had come down from Sawtell Peak; where they had discovered the dead sow and had killed the cub. Hodge did not come forward on his own with information about the incident; it was not until he was contacted much later as part of the official investigation that he told what he knew. Judge Winmill said, "Being sent to jail is appropriate because it sends a clear message to the community." Hoopes was fined $500 plus a $25 service charge, $500 restitution to be paid to the Yellowstone Association, 2 years revocation of hunting privileges and 2 months of jail time. Brown received a fine of $1,000 with a $10 special charge, $19,300 restitution payable to the Yellowstone Association as well as 2 years revocation of hunting privileges. He received 3 months of federal jail time. Because of the hardships involved, Judge Winmill stated he would allow jail time to be served as close to eastern Idaho as possible and was willing to be flexible with the timing of the period to surrender. The money received by the Yellowstone Association will be utilized to aid in grizzly bear management within the Yellowstone Ecosystem. The female bear that had been killed was important to the grizzly bear recovery program in Idaho because for a number of years the radio collar she wore had helped biologists to establish the presence of a sow with cub in one of Idaho's bear management units. This data was vital to the equation used to calculate the status of the recovering grizzly bear population and her loss could have a negative effect on future calculations if another sow and cub cannot be observed in the same area. As with many hunting situations, split-second decisions often need to be made and sometime mistakes do occur. This case underscores the importance of individuals coming forward immediately with what they know about what has happened. Unfortunately, a number of grizzly bears have been killed within the ecosystem during the past few years because of misidentification by hunters. In those instances where people came forward promptly and of their own volition, fines were relatively small and no jail time imposed. At the initial time the grizzly bear sow and cub were found poached, a number of local and national conservation groups had joined together to create a reward fund for information leading to conviction of those responsible for the killings. Now that all the charged parties have pled guilty and been sentenced, the USFWS will be working with the groups to determine how the reward will be divided amongst those individuals that provided information.