Pot-hunting charges dismissed against county residents

Pot-hunting charges dismissed against county residents

Feb. 13, 2001

By Janelle Holden
Journal Staff Writer

The case against two Montezuma County residents cited for charges stemming from alleged pot-hunting in October was dismissed last week by Assistant U.S. Attorney Bob Kennedy in Durango.

Kennedy said the cases against Danny Keith Rose of Dolores and Tammy Woosley of Cortez were dismissed without prejudice to further investigate "factual and legal matters."

"There was a recent 9th Circuit Court of Appeals decision which indicates that the prosecution has to prove beyond a reasonable doubt that the individual knew that the items in question were an archaeological resource. That is contrary to prior law, so we have to research that and see whether that precedent is still going to be binding," Kennedy explained.

Woosley and Rose were allegedly caught by a BLM law-enforcement officer digging near McPhee Reservoir on Oct. 1 and were cited with digging in an archaeological site listed on the National Register and disturbing prehistoric human remains. Archaeological sites are protected by Congress under the Archaeological Resources Protection Act of 1979.

"The case is definitely still under investigation," said Kennedy. "I think it needs to be researched further and investigated further in light of that recent court decision."

Kennedy is continuing the prosecution of two other local defendants, Donald Wayne Johnson and Donald Leonard Johnson, on similar charges. On Sept. 16, the Johnsons, a father and son from Dolores, were cited for digging in an archaeological site listed on the National Register of Historic Sites near McPhee Reservoir.

The citations are a Class B misdemeanor, with penalties of up to six months in jail and/or a $5,000 fine and fines for restitution. The Johnsons’ next court appearance is set for March 15.

"Their attorneys have just been appointed, so we’ll see where the case is going on (March) 15th," said Kennedy.