Cortez Journal

Roommates face poaching charges

June 7, 2001

ROBERT NEELY, 23, leaves Montezuma County Court with attorney Todd Starr after entering a not-guilty plea to 31 counts related to the poaching of big game.

By Janelle Holden
journal staff writer

Dave Harper didn’t need a tip to catch a group of roommates suspected of poaching wildlife this winter.

Harper, the district wildlife manager for the Colorado Division of Wildlife could see the remains of poached deer hung from a shed as he drove by it last January.

"It was pretty blatant," said Harper.

Harper’s confidential informant also told him about seeing two bucks hanging up at the Neely residence, and was told by one of the residents that he shot and killed a 3 point by 4 point mule deer on January 4 with a 7mm magnum rifle.

The informant’s information, combined with Harper’s anecdotal evidence, provided enough information to lead to a search warrant for Robert Neely’s residence on County Road 20, west of Roundup Junction.

Neely, and six others, are now facing a combined total of over $42,000 in fines and 1,435 points on their hunting record for poaching and then wasting the meat of a cow and bull elk, two mule deer bucks and a wild turkey hen.

If a hunter racks up just 20 points on his record, his or her hunting and fishing privileges are automatically suspended. The Colorado Wildlife Commission then decides on an individual basis whether to permanently revoke hunting privileges for further points.

"All of these wildlife were shot out of season with .22’s with artificial light on private property out of vehicles," said Harper. "Some of the meat was provided for human consumption, and then the other they just pitched it out in the yard anyway and the dogs ate it."

The wildlife were all poached on private land that stretched from Goodman Point to Arboles, according to Harper.

In addition to the nine misdemeanor charges related to poaching wildlife, Neely and his roommates — Jacob Owens, Santee Veech, Richard Judson, and another unnamed juvenile — also face Class 4 felony charges of cultivation of marijuana.

Neely was advised of his charges in County Court on Wednesday, and entered a plea of not guilty to all 32 counts.

"He’s maintaining that he’s innocent," said Todd Starr, Neely’s attorney.

"I think it was an unconstitutional search, and I think when the court scrutinizes the conduct of the search we expect a finding favorable to young Mr. Neely," said Starr.

"It was a fine search," said Harper. "The judge signed off on it and it was reviewed by the district attorney."

Listed on the items seized at the Neely residence during a January search of Neely’s property were spotlights, two deer carcasses, a picture of deer testicles, one dead hen turkey, a skinned buck head, a rear half of an elk, one dead cow elk, wildlife in the freezer, pictures, and other hunting paraphernalia such as rifles and knives.

The deer carcasses were found in a shed and the turkeys were laying in the yard, but the validity of the search is being contested by Starr.

Brian Rossiter, the assistant district attorney, admitted the amount of marijuana found growing at the residence was negligible, but otherwise they had a strong case against the seven.

"It was a couple of seeds and sprouts. Less than a Chia pet," he said.

Chancellor McCabe and one other juvenile were also involved in the poaching and will be charged. According to Harper, one of the juveniles had already had his hunting and fishing privileges suspended.

All of the defendants will be tried separately, and face individual disposition hearings.

Harper said there is a high rate of poaching in the area.

"A lot of people think it’s a victimless crime. It’s just wildlife; who does it really hurt? They don’t see the severity of it," explained Harper. "But it impacts all of us. And it’s stealing, basically. It’s theft of public property. We all own the wildlife. And there’s no excuse to blatantly go out and violate the laws that are there that protect our wildlife."

Copyright © 2001 the Cortez Journal. All rights reserved.
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