Pearson pleads to two charges

Pearson pleads to two charges

September 20, 2001

By Janelle Holden
Journal Staff Writer

A Lewis resident who allegedly guided an illegal big-game hunt in Montezuma County last year pleaded guilty Wednesday to two of the three counts he was charged with, after a jury found him not guilty of one count and could not decide on the other.

After 2 1/2 days of testimony, and a lengthy deliberation, the jury found Pearson not guilty of illegal sale of wildlife, a felony, but was hung on the question of whether he was guilty of illegal outfitting, a Class 1 misdemeanor.

The third charge of weapons possession by a previous offender was deemed too prejudicial for the jury to decide at the same time as the two counts. A new trial for that charge was scrapped after a plea agreement was made.

In return for his plea, the prosecution gave Pearson a 24-month deferred sentence for the felony charge, as long as he pays $3,900 restitution and the Colorado Division of Wildlife keeps a .22 caliber handgun, one velvet deer, and an otter pelt they found in a search of Pearson’s home. The otter pelt may be returned pending disposition by federal authorities.

But Pearson will face sentencing for the misdemeanor, which carries a possible penalty of $500 to $5,000 and/or six to 18 months in jail.

Assistant District Attorney Brian Rossiter said he was pleased with the outcome of the trial, considering the length of the jury’s deliberation, the difficulty of proving the case, and a possible jury bias against the Division of Wildlife.

Before deliberating, the jury heard from a father and son from Huntsville, Texas, who testified in 22nd Judicial District Court on Monday and Tuesday about a hunt for deer and elk in Montezuma County they claim was outfitted and guided by Pearson last October.

Milton and Clinton Kroesche told the jury that on the advice of a hunting friend in Texas, they and two friends paid $3,200 to Pearson to hunt deer on private land near the lower Dolores River beginning on Oct. 21, 2000.

The hunt was coordinated by Pearson’s friend, Ed Goergens, in New York. Goergens had hunted on Pearson’s property for the past four years, and was friends with one of the Texas hunters.

The $800 they each sent to Pearson in three letters was called a "trespass fee," for the privilege of hunting on private land and staying at the shack on the property during the hunt.

"The money was supposed to give us the right and permission to take legal game off of private property," Kroesche testified.

The 565 acres of private property in question is leased by Pearson from Billy Rose and his father, Rose testified. Of the $3,200 Pearson was sent, he gave $1,000 to Rose.

When the hunters from Texas arrived in Cortez last October, they contacted Pearson, who drove Milton Kroesche and Danny Donahoo to the site, with Clinton Kroesche, the son, following.

Kroesche also testified that Pearson provided transportation to the camp for Goergens and the other New York hunters, who also paid Pearson a trespass fee.

Pearson hunted with different members of the group on several occasions, according to Kroesche — not on private land as the Kroesches expected, but on the nearby San Juan National Forest.

The hunting was fruitless, but the Kroesches said that Pearson told them that if they shot a buck deer on public land, which they did not have licenses for, he would "get it out for them."

"He never denied, personally, being a guide," said Milton Kroesche, but both Kroesches said the Goergens instructed the group about what Pearson’s role would be.

"I was encouraged to lie if I was ever approached by an authoritative figure," Clinton Kroesche told the jury. Both Kroesches said Goergens told them that, if asked, they should be careful not to say that Pearson was guiding since he could get in trouble.

After four days of frustrated hunting, the Texas hunters left after a confrontation between Kroesche and Goergens over refunding the hunters their money, according to Kroesche.

In closing arguments, the prosecution said Pearson accepted money for hunters to hunt on leased land, and also provided them transportation and housing, two of the items that constitute the legal definition of outfitting. Pearson does not have an outfitter’s license, and has never been registered as an outfitter in the state of Colorado, stressed Rossiter.

The felony charge of illegal sale of wildlife, or "soliciting another person in the illegal taking of wildlife for monetary gain," was proven because Pearson urged the two hunters to kill deer they didn’t have licenses for, the prosecution said.

Defense attorney Tim Tuthill said the charges were absurd. "He provided a vehicle — hogwash," said Tuthill. "He provided outfitting — hogwash."

"From the beginning, these people were told that Paul Pearson is not an outfitter," said Tuthill. "Mr. Pearson wasn’t even supposed to hunt with them. Mr. Pearson wasn’t supposed to be involved at all."

Tuthill said the "trespass fee" was just that, a fee for the use of Pearson’s leased land, and Pearson’s hunting with them was only incidental. It did not mean he was guiding them.

One piece of evidence the judge would not let the jury see because it was deemed too prejudicial was a cease-and-desist order issued to Pearson in 1990 by the Colorado Division of Regulations that required him to stop all unlawful acts and acts which require an outfitter’s registration.

After a 1997 sting operation, Pearson pleaded no contest to a Class 5 felony of unlawful sale of wildlife. Judge Sharon Hansen granted Pearson a deferred sentence and required him to pay $5,250 in restitution and keep a clean record.

As a convicted felon, Pearson is not allowed to possess a gun.