prohunter
Active Member
- Messages
- 242
LAST EDITED ON Jan-15-09 AT 09:28PM (MST)[p]
Darner sentencing yesterday
By Donald Jaramillo
Beacon publisher/managing editor
[email protected]
Published Tuesday, January 13, 2009 10:14 AM MST
GRANTS - In June 2008, nationally known big-game hunter Kirt Darner entered a guilty plea to two of the primary counts against him on the eve of his criminal trial in the 13th Judicial District Court. Judge Camille Martinez-Olquin presided. The charges resulted from alleged illegal activities involved in the operation of his game ranch on Lobo Canyon Road, as well as events that had transpired in his former hometown of Montrose, Colo.
On Jan. 12, Darner's sentencing hearing began at 1:30 p.m.
Billy Blackburn, Darner's attorney, is asking Judge Martinez-Olguin for a punishment of conditional discharge including limited probation. Deputy District Attorney Randolph Collins argued for prison time, up to four and one-half years, full restitution including prompt payment and community service of up to 1,000 hours.
?We won't allow these crimes in Cibola County,? said Collins before sentencing began. Early on, Collins referenced a similar case of Adrian Romero. Romero was convicted on charges of fraud, forgery, embezzlement, racketeering and tax evasion and is now serving a ten-year prison sentence. Darner entered a guilty plea on one count of receiving stolen property and one count of transportation of stolen livestock. He also entered a guilty plea of one misdemeanor for failure to submit an invoice for sale of game.
In Collins' declared court 'memorandum recommending sentencing' he questioned Darner's respect for animals and nature.
In the memorandum, the deputy district attorney highlighted an excerpt from Darner's book of 25 ?How to Find Giant Bucks.?
Darner's book on page 223 says:
?Penalties for game violations are not stiff enough. There should be minimum fine and mandatory jail sentences for some crimes, such as shooting a deer out of season. Second offenders should get very stiff, mandatory penalties. If a potential violator knew he'd get a $1,000 fine and a minimum of 30 days in jail for shooting a buck out of season, he'd find more strength to resist the temptation.?
?Ironically.? Collins memorandum said, ?the book title, now given his conduct in our county and his quest to put his profit above all else, has double meaning - how to find giant bucks is really, for him, how to make a lot of money by violating the law.?
In Blackburn's submitted memorandum he argued that, ?Darner's background and character indicate a conditional discharge is appropriate.? The attorney noted Darner's love for the outdoors from his early childhood joining Future Farmers of America, to an adult, when he's worked as a conservationist and promoter for wildlife.
?When viewed in its entirety, it becomes clear that Darner's life has been one spent devoted to wildlife and conservation for future generations,? Blackbrun's memorandum declared. ?This court should consider the 60-plus years in which Darner left an immeasurably beneficial impact on wildlife throughout the mountain states as strong evidence of the appropriateness of a mitigated sentence, including the granting of a conditional discharge. There is no doubt that Darner has earned, and will continue to earn a second chance.?
Judge Olguin-Martinez was expected to give the final sentencing late Monday or early Tuesday. Look in Friday's Beacon for Darner's final sentencing.
UPDATE:
Darner fined, on probation
By Mark Teshima
Beacon staff writer
[email protected]
Published Thursday, January 15, 2009 5:00 PM MST
GRANTS - Former big-game outfitter Kirt Darner was sentenced to 4,500 hours of community service and a minimum of $10,000 in fines. His plea agreement in the counts of illegally transporting elk, receiving stolen bighorn sheep heads and having no bill of sale was included in the sentence.
Darner on Monday. BEACON / MARK TESHIMA
Darner, 69, and his attorney Billy Blackburn stood before the 13th Judicial District Judge Camille Martinez-Olguin who ordered restitution to be determined by the Adult Probation and Parole Office.
The New Mexico Department of Game and Fish, Colorado Division of Wildlife and a Colorado taxidermy business were affected by the crimes. The case closed with a sentencing hearing that lasted an excess of six hours, minutes before 7 p.m., on Jan. 12.
A grand jury first charged Darner in February of 2006.
?What were you thinking?? Judge Martinez-Olguin asked of the defendant, just before the sentence was handed down.
Darner replied, ?I was scared (regarding the stolen sheep heads),? he added, ?I thought I would give it back to the hunter.? After several minutes of his attempt at an explanation, the judge added, ?I'm trying to figure out who you are.?
The conditional discharge was denied by Martinez-Olguin, who gave a suspended sentence of four and one-half years in state prison and two $5,000 fines.
?We asked for four and a half years of prison time,? said District Attorney Lemuel Martinez, ?In the district attorney's office, the Game and Fish cases are important.? He added, ?I hope the message gets out that there will be accountability...?
Darner stated in his book, ?How to Find Giant Bucks? that ?I feel about game laws the same way I feel about football rules. If you don't want to abide by the rules you should quit the sport or be thrown out.?
Darner agreed in his plea that he will never own a firearm or be involved in any hunting activity. He claimed the sport of big-game hunting activities is his primary source of income.
His friends and family spoke to the judge to build his character in a positive light, stating he gave lavish gifts of binoculars and rifles for presents. They also mentioned his generosity by outfitting hunts that he did not charge for.
The state brought to the court's attention Darner's extensive knowledge of his illegal actions through 47 years of experience as an outfitter. The prosecution's memorandum recommending sentencing stated 'Darner's conduct in this case was intentional'. The state was not persuaded that Darner's previous ?good conduct? overrides a stiff sentence 'that he should receive for his crimes'.
?Should you come back before me, you're looking at prison time,? Judge Martinez-Olguin told Darner
Darner sentencing yesterday
By Donald Jaramillo
Beacon publisher/managing editor
[email protected]
Published Tuesday, January 13, 2009 10:14 AM MST
GRANTS - In June 2008, nationally known big-game hunter Kirt Darner entered a guilty plea to two of the primary counts against him on the eve of his criminal trial in the 13th Judicial District Court. Judge Camille Martinez-Olquin presided. The charges resulted from alleged illegal activities involved in the operation of his game ranch on Lobo Canyon Road, as well as events that had transpired in his former hometown of Montrose, Colo.
On Jan. 12, Darner's sentencing hearing began at 1:30 p.m.
Billy Blackburn, Darner's attorney, is asking Judge Martinez-Olguin for a punishment of conditional discharge including limited probation. Deputy District Attorney Randolph Collins argued for prison time, up to four and one-half years, full restitution including prompt payment and community service of up to 1,000 hours.
?We won't allow these crimes in Cibola County,? said Collins before sentencing began. Early on, Collins referenced a similar case of Adrian Romero. Romero was convicted on charges of fraud, forgery, embezzlement, racketeering and tax evasion and is now serving a ten-year prison sentence. Darner entered a guilty plea on one count of receiving stolen property and one count of transportation of stolen livestock. He also entered a guilty plea of one misdemeanor for failure to submit an invoice for sale of game.
In Collins' declared court 'memorandum recommending sentencing' he questioned Darner's respect for animals and nature.
In the memorandum, the deputy district attorney highlighted an excerpt from Darner's book of 25 ?How to Find Giant Bucks.?
Darner's book on page 223 says:
?Penalties for game violations are not stiff enough. There should be minimum fine and mandatory jail sentences for some crimes, such as shooting a deer out of season. Second offenders should get very stiff, mandatory penalties. If a potential violator knew he'd get a $1,000 fine and a minimum of 30 days in jail for shooting a buck out of season, he'd find more strength to resist the temptation.?
?Ironically.? Collins memorandum said, ?the book title, now given his conduct in our county and his quest to put his profit above all else, has double meaning - how to find giant bucks is really, for him, how to make a lot of money by violating the law.?
In Blackburn's submitted memorandum he argued that, ?Darner's background and character indicate a conditional discharge is appropriate.? The attorney noted Darner's love for the outdoors from his early childhood joining Future Farmers of America, to an adult, when he's worked as a conservationist and promoter for wildlife.
?When viewed in its entirety, it becomes clear that Darner's life has been one spent devoted to wildlife and conservation for future generations,? Blackbrun's memorandum declared. ?This court should consider the 60-plus years in which Darner left an immeasurably beneficial impact on wildlife throughout the mountain states as strong evidence of the appropriateness of a mitigated sentence, including the granting of a conditional discharge. There is no doubt that Darner has earned, and will continue to earn a second chance.?
Judge Olguin-Martinez was expected to give the final sentencing late Monday or early Tuesday. Look in Friday's Beacon for Darner's final sentencing.
UPDATE:
Darner fined, on probation
By Mark Teshima
Beacon staff writer
[email protected]
Published Thursday, January 15, 2009 5:00 PM MST
GRANTS - Former big-game outfitter Kirt Darner was sentenced to 4,500 hours of community service and a minimum of $10,000 in fines. His plea agreement in the counts of illegally transporting elk, receiving stolen bighorn sheep heads and having no bill of sale was included in the sentence.
Darner on Monday. BEACON / MARK TESHIMA
Darner, 69, and his attorney Billy Blackburn stood before the 13th Judicial District Judge Camille Martinez-Olguin who ordered restitution to be determined by the Adult Probation and Parole Office.
The New Mexico Department of Game and Fish, Colorado Division of Wildlife and a Colorado taxidermy business were affected by the crimes. The case closed with a sentencing hearing that lasted an excess of six hours, minutes before 7 p.m., on Jan. 12.
A grand jury first charged Darner in February of 2006.
?What were you thinking?? Judge Martinez-Olguin asked of the defendant, just before the sentence was handed down.
Darner replied, ?I was scared (regarding the stolen sheep heads),? he added, ?I thought I would give it back to the hunter.? After several minutes of his attempt at an explanation, the judge added, ?I'm trying to figure out who you are.?
The conditional discharge was denied by Martinez-Olguin, who gave a suspended sentence of four and one-half years in state prison and two $5,000 fines.
?We asked for four and a half years of prison time,? said District Attorney Lemuel Martinez, ?In the district attorney's office, the Game and Fish cases are important.? He added, ?I hope the message gets out that there will be accountability...?
Darner stated in his book, ?How to Find Giant Bucks? that ?I feel about game laws the same way I feel about football rules. If you don't want to abide by the rules you should quit the sport or be thrown out.?
Darner agreed in his plea that he will never own a firearm or be involved in any hunting activity. He claimed the sport of big-game hunting activities is his primary source of income.
His friends and family spoke to the judge to build his character in a positive light, stating he gave lavish gifts of binoculars and rifles for presents. They also mentioned his generosity by outfitting hunts that he did not charge for.
The state brought to the court's attention Darner's extensive knowledge of his illegal actions through 47 years of experience as an outfitter. The prosecution's memorandum recommending sentencing stated 'Darner's conduct in this case was intentional'. The state was not persuaded that Darner's previous ?good conduct? overrides a stiff sentence 'that he should receive for his crimes'.
?Should you come back before me, you're looking at prison time,? Judge Martinez-Olguin told Darner
