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Thursday, November 1, 2018

New York Outdoor News Cuffs & Collars – Nov. 2, 2018 https://ift.tt/2AFAGch

(Editor’s note: A criminal charge is merely an allegation that a defendant has committed a violation of the criminal law, and it is not evidence of guilt. All defendants are presumed innocent and entitled to a fair trial, during which it will be the state of New York’s burden to prove guilt beyond a reasonable doubt.)

DEC investigator honored
(Oswego County)

Neil Stevens, a 10-year veteran with DEC’s Division of Law Enforcement, was named the North East Conservation Law Enforcement Chiefs Association (NECLECA) “Officer of the Year.” NECLECA is a professional organization of the chiefs and command staff from 13 northeastern states, U.S. Fish & Wildlife Service, NOAA Office for Law Enforcement, and the Canadian provinces of Nova Scotia and New Brunswick. Stevens holds a Bachelor of Science with honors in Natural Resource Conservation from Cornell University and recently became a pilot for DEC’s Unmanned Aircraft Systems (UAS) program, and was deployed to Puerto Rico last year as part of a relief team that helped the island regain electrical service. As a member of the Bureau of Environmental Crimes Investigation (BECI) unit, Stevens conducted criminal investigations with successful prosecutions in cases involving the illegal commercialization of fish and wildlife, hazardous waste investigations, and a fatal hunting-related shooting incident. This case required a particularly delicate approach, working closely with other agencies and prosecutors, and resulted in a guilty plea by the perpetrator. Stevens, who lives in central New York and is currently a member of the DLE’s Training Academy staff, enjoys spending time with his family and dog and piloting airplanes in his free time.

Tale of the timber rattlesnake
(Ulster County)

On June 11, ECO Jason Smith received a tip that a timber rattlesnake, a threatened species in New York, had been killed by a contractor at a construction site in the town of Woodstock. Smith interviewed several sub-contractors at the job site about the incident, but none gave a statement. After a brief search, the carcass of the snake was found with the head and rattle removed. Several days later, Smith returned to the construction site to meet with an individual suspected of being involved in the incident. From there, Smith tracked down the man in possession of the rattle. The rattle was recovered and the contractor was issued a summons for possession of threatened species parts, returnable in Saugerties Town Court.

Mysterious moose death
(Herkimer County)

On June 17, ECO John Gates was alerted by a local citizen of a moose carcass south of Old Forge in the town of Webb. Gates found the moose carcass down an embankment on the side of an abandoned road. The moose had been dead for several days, as it was decomposed and had been fed on by other animals. However, two small holes were visible in the chest cavity behind the shoulder. DEC pathologist Kevin Hynes visited the site to perform a field necropsy. Although it was 80 degrees, Hynes dissected and assessed the cause of death. He determined the animal had not been shot, but died as a result of a fall down the steep embankment, suffering two broken vertebrae.

No fishing license, multiple charges (Monroe County)

On June 19, ECOs Spencer Noyes and Ron Gross were checking fishermen in Monroe County when an angler said he did not have his fishing license but did have an ID the ECOs could use to look it up. When the man went to his car to retrieve his ID, the ECOs could smell the odor of marijuana coming from the vehicle. The man did not have a valid fishing license and his driver’s license had been revoked due to multiple violations and unpaid fines. When the man was asked about how he arrived at the location he became visibly nervous, telling a long-winded story about the car, which did not belong to him, and how he was driven to the location by another individual, who was then picked up and went fishing elsewhere. The ECOs advised the man that the car was going to be searched due to the odor of marijuana and that he would be charged with anything in the car because he was currently in possession of the vehicle. The man admitted that there was some marijuana in the center console, and when Gross searched the car, he found marijuana, a scale with white residue on it, a razor blade, approximately two grams of a white substance consistent with crack cocaine, and IDs belonging to the man and other individuals. The ECOs arrested the fisherman, charging him with fishing without a license. In addition, the Greece Police Department charged him with criminal possession of a controlled substance 4th degree, criminal possession of drug paraphernalia 2nd degree, aggravated unlicensed operation of a motor vehicle, and unlawful possession of marijuana. 

Definitely a wetland
(Putnam County)

On May 29, ECO Kevin Wamsley received a call that a landscaping company had been dumping materials in a state-regulated wetland in the town of Carmel. Wamsley visited the area and determined that the materials were dumped in a wetland area. After several attempts to contact the owner of the company responsible for the dumping of the material, Wamsley finally caught up with him on June 20, and a meeting was set up that day at the site. Wamsley explained the violations to the subject and pointed out the telltale signs of a wetland habitat. The individual admitted to dumping the materials at the site. A summons was issued for conducting regulated activity in a state wetland, returnable in Carmel Town Court. DEC habitat protection staff will determine the necessary remediation for the site.

Littering and stealing sunfish
(Cayuga County)

On June 23, ECO Mark Colesante located a vehicle in the parking lot at Mud Lock on the Seneca River in the town of Aurelius matching the description of a previous complaint of a man taking bass out of season. Colesante spotted a fisherman catching sunfish on almost every cast. When other fisherman would come near, he released the fish back to the water. As the subject eventually packed up to leave, he threw an empty fishing hook package into the river. Colesante followed the man toward the parking lot. When the fisherman reached the edge of the woods, he stopped and appeared to be watching the parking lot for signs of observers. When he finally looked behind him, Colesante said, “Are you looking for me?” The man had a cooler containing 80 sunfish – 30 fish over the daily limit. Colesante issued the subject tickets for taking over the daily limit of sunfish and depositing trash into the navigable waters of the state. The man was arraigned at Aurelius Town Court and paid $200 in fines and surcharges.

Swiping sunnies
(Bronx County)

On June 24, 2018 ECOs Zach Kochanowski and Josh Jarecki received a call that two fishermen were catching large numbers of sunfish and keeping them in a bucket at Van Cortlandt Park. While in other parts of the state it is legal to take any size bluegill with a daily bag limit of 50, within the five boroughs of New York City, freshwater fish must be released immediately without harm. It didn’t take long for the ECOs to locate two fishermen matching the description given by the complainant. As the officers approached, the men covered a white bucket. After a brief interview, the fishermen agreed to open the bucket, revealing a total of 118 sunfish. Kochanowski and Jarecki were only able to release 11 fish that were still alive back into the lake. The other 107 illegally taken fish were confiscated. The two fishermen were issued a total of five summonses, including failure to release without undue harm, and fishing contrary to specific catch and release-only regulations. One of the men was issued a ticket for fishing without a freshwater fishing license. All tickets were returnable in Bronx County Court in September. 

Vulture rescue
(Orange County)

On May 1, ECO Melissa Burgess received a call of a turkey vulture that had been struck by a vehicle on State Route 17M in the town of Chester. Two motorists stopped to assist the injured bird, which suffered a broken wing. Burgess arrived on the scene and met officers from the Chester Police Department. The officer grabbed the feisty bird and secured it in a crate. The injured animal was taken to Flannery Animal Hospital, where the broken wing was treated, and then placed with a licensed wildlife rehabilitator. The bird was expected to make a full recovery and was to be released back to the wild when it is at full strength.

Importing invasive species
(Kings County)

On May 1, ECOs Connor Dodge and Zachary Kochanowski received information from the U.S. Fish & Wildlife Service that a company based out of Kings County had imported Oriental Weather Loaches (Misgurnus Anguillicaudatus), a prohibited freshwater invasive species, through JFK Airport. Documents provided to the ECOs showed that 40 of the species measuring three to four inches in length had come through the airport a week earlier. The company was contacted and advised of the issue and the company agreed to get the fish back from one of their purchasers. The ECOs arranged a meeting the following day to pick up the loaches, which were seized and properly disposed. The company was issued a summons for importing prohibited invasive species, returnable to Queens County Court. 

Illegal dumper makes the news
(Chemung County)

On May 2, ECO John Lifrieri was contacted by West Elmira Police and Chemung County dispatch for illegal dumping that occurred during the overnight hours at two separate boat launch sites, the Grove Street boat launch in Elmira and the Fitch’s Bridge boat launch in West Elmira. Lifrieri met with the officers and sorted through the household debris before it was loaded into a DPW truck for disposal. A piece of mail with a local address was found in the garbage. A West Elmira police officer and Lifrieri then visited the other dump site in West Elmira and found a local TV news crew already on the scene. More household garbage was secured, including an unlabeled photo of a young boy. Lifrieri and the officer took the photo to a local elementary school and the school administration immediately identified the boy. Officers were able to connect items from both sites to the boy’s parents. After initially denying involvement, the boy’s father admitted to being responsible after being shown his son’s photo from the Fitch’s Bridge dump site. The subject was charged on two counts of unlawful disposal of solid waste, one count for each dumping location, and the incident received extensive coverage in the local press. The case was to be heard in both the Elmira town and city courts.

Turkey caper solved
(Lewis County)

On the morning of May 6, ECO Shana Hutton received a complaint from Lewis County 911 reporting a turkey had been shot from the road in the town of Martinsburg. Hutton contacted Lt. John Murphy to help respond. As the officers approached the area, the complainant called back saying that he had spotted the suspect’s vehicle. Murphy arrived at the suspect’s address and found the man with a shotgun and an untagged turkey. The man claimed he had been hunting that morning and shot the turkey. In the meantime, Hutton arrived in the area where the violation occurred, located the spot where the bird was actually taken, and took statements from two witnesses. The witnesses observed the suspect’s vehicle pass, heard one shot, and saw the same vehicle leave the area. ECO Corey Schoonover and K-9 Jake responded to find evidence of where the bird was actually taken. K-9 Jake quickly discovered the spent shell. Hutton called the landowner, who said that she had not given the suspect permission to hunt there. The turkey was seized and the hunter was charged with failure to tag a turkey, trespassing on posted property, and illegal taking of wildlife.

Categories: Cuffs & Collars

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