Trial begins for alleged illegal outfitter

Trial begins for alleged illegal outfitter

September 18, 2001

By Janelle Holden
Journal Staff Writer

The trial of a Lewis resident who allegedly guided an illegal big-game hunt in Montezuma County began Monday in 22nd Judicial District Court and continues today.

Jurors were selected to find whether Paul Pearson, 61, is guilty of felony charges of weapons possession by a previous offender, illegal sale of wildlife, and outfitter registration violation, a misdemeanor. Pearson had also been charged with unlawful possession of a black bear, mule deer, and a velvet deer, but the charges were dropped.

According to a signed statement by Huntsville, Texas, resident Milton Kroesche, Pearson and his partner, Ed Georgens of New York, offered Kroesche and three other Texas hunters a private-land hunt in March 2000. The four allegedly paid $3,200 to hunt with Pearson during the second rifle season in October 2000.

Neither Pearson or Georgens has ever been a registered outfitter in the state of Colorado.

The three days of guided hunting were fruitless for the four hunters, but not for two men from New York who were also part of the hunt and were guided by Pearson’s partner, Georgens — a point defense attorney Tim Tuthill made to the jury.

"In this case we have a convoluted attempt to go into a criminal law instead of a civil law," said Tuthill. "It’s a tale, basically, of two different hunts. The second hunt, in the lower lands, was not a very good hunt. One group was successful, the other was not, and they were upset, and they wanted their money back."

Part of the money paid to Pearson was allegedly used as a "trespass fee," to hunt on private land. Kroesche stated in a search-warrant affidavit that Pearson told him he had a private-land lease to hunt on Billy Rose’s land near county roads 22 and 23. Kroesche also stated that Pearson never took them to private land they could hunt on, but did take them to the San Juan National Forest off of the Ormiston Point road to hunt on public land.

Kroesche, a retired game warden, allegedly told Pearson that he and his son, Clinton, only had private-land deer tags and could not shoot a deer on public land, but Pearson told them to go ahead and shoot a deer on the forest and that he would get it out for them, according to the affidavit.

Georgens asked them to say that Paul Pearson was not guiding anyone because "he did not have a guide license and could get in trouble over it," stated Kroesche.

"Paul Pearson’s only relationship here is that he brokered with one of the people who actually had land for lease," said Tuthill, who emphasized that Pearson told the hunters repeatedly, "I’m not an outfitter, and I don’t want to be an outfitter."

District Wildlife Manager Dave Harper of the Colorado Division of Wildlife told the jury that outfitters typically provide clients with transportation, lodging, meals, places to hunt, and guiding to the animals.

Pearson is not unknown to DOW officials, who have a history with him that dates back to 1994.

Most recently, Pearson was allegedly caught supplying three officers from the U.S. Fish and Wildlife Service and DOW with outfitting services in 1997, directing them to hunt on private land without permission, and encouraging the shooting of elk and bear without the required game tags during an archery-season hunting trip.

From the sting operation, Pearson was charged with a Class 5 felony of unlawful sale of wildlife. He entered a plea of no contest, and Judge Sharon Hansen granted Pearson a deferred sentence and required him to pay $5,250 in restitution and keep a clean record.

If he is convicted of the new charges, Pearson will have an additional felony on his record.

In 1994, Pearson was found not guilty of hunting mountain lions on private property without permission of registered outfitter Buck Ward, according to a report by DOW investigator Glenn Smith.

In 1996, a Texas hunter told DOW officer Robin Olterman he had been referred to Pearson by a sporting-goods store called the Outfitter in Dolores. An employee at the store allegedly wrote down the costs of elk and deer hunts with Pearson: Five days for $1,200, 10 days for $2,000, and nine days for $1,800.

In 1997, Pearson pleaded guilty to a rabies-control violation — keeping a dog not inoculated against the disease — and was fined $188 and an undetermined amount of restitution.

A man who had gone to Pearson’s residence seeking directions was bitten by his dog, according to the report.

Pearson told the investigating deputy, according to his report, that the victim had no right to be on his property and he would sic the dog on anyone else who set foot on it as well. He also threatened to shoot any law-enforcement officer who came onto his property.

Pearson has allegedly threatened Division of Wildlife officers Jim and Robin Olterman as well.