Unfair justice

If it could happen to Jim Corbett, it could happen to anybody. As one of the most skillful hunters the world has ever known, he once shot and killed three tigers he thought were the same one. My uncle Fred was not as skilled as Corbett, who wrote “The Man Eaters of Kumaon,” but Fred was a long time sports-hunter. In the 1950s he accidentally shot three big mule deer bucks, also thinking they were the same one. In my own 66 years big game hunting I once shot a large whitetail buck and the same 30.06 bullet killed a doe hidden in the brush behind him.

Since owning Montana’s largest weekly newspaper in the 1970s with its “hard-hitting” editorials, I’ve turned into a kindly, gentle, gray-haired great grandpa, but the urge to write a “hard-hitting” editorial once in a while returns:

The Montana Fish, Wildlife and Parks has enough on-going problems to not need a ridiculous miscarriage of justice like recently occurred in Sanders County, spreading mistrust and ill will among the citizens. I’m talking here about a “Justice of the Peace” throwing the book at Kalispell hunter, Jeff Fleming, for “accidentally” shooting three big horn sheep.

The story made headlines across the state last October. Jeff had waited 30 years before lucking out and drawing a bighorn permit.

On the hunt, the magic moment came and Jeff shot at a trophy ram. It fell out of his sight into a ground depression. After reloading he looked through the scope and saw what he believed to be the wounded ram and instinctively shot again. The ram dropped dead and he walked over to it. Could not believe his eyes! There were three dead sheep.

Two were rams and the third an ewe, hit by the bullet passing through the second ram.

With Jeff was a friend, and well-known local sportsman, Brad Borden, who called a game warden to investigate. The officer decided available evidence at the scene certainly seemed to corroborate their story about what happened and allowed Jeff to keep the first legally shot ram; however, then came the “JUSTICE” of the Peace.

That public servant told the Daily Inter Lake that “Although the warden had corroborated the hunter’s story, the law gives him no leeway on restitution for those convicted of “illegally” harvesting animals.”

Jeff was told to pay $30,000 (THIRTY THOUSAND) for the second ram, $2,000 for the ewe, and lose his hunting privileges for 30 months. For some reason, the “JUSTICE” added he could have suspended those privileges longer “...if he chose to.”

First news release on the case appeared in papers calling Jeff a “poacher.” I don’t know where reporters got that word, but can guess. Fact: Montana law is vague in describing “poachers” but Warden Captain Lee Anderson says he uses it when the miscreant takes an animal with “intent.” That means “knowingly and purposefully illegal.” Anderson said it is up to the judge to decide what kind of penalty to levy, based on available facts in the case.

Most of we reporters know there is considerable leeway for judges because of variance in cases, but we also believe it is necessary for use of common sense to be considered in seeking fair retribution. Remember! Those judges are called “Justice” for a reason.

For their own reputation and public relations, it would seem wise for Fish and Game leaders to work with the legislature to fix a gaping hole in the regulations.

For my friend Jeff Fleming, an honest hard-working citizen, I guess he can be thankful the “leeway” as envisioned by a Sander’s County “Justice” doesn’t include the death penalty.

G. George Ostrom is a national award-winning columnist for Hungry Horse News. He lives in Kalispell.