Summit Treestands
Jackson County, WV is a sanctuary county
West Virginia
Contributors to this thread:
Jim Casto Jr 04-Dec-17
Jim Casto Jr 04-Dec-17
gobbler 04-Dec-17
sundaynwv 04-Dec-17
Ron Miller 04-Dec-17
hookman 04-Dec-17
Jim Casto Jr 04-Dec-17
gobbler 04-Dec-17
Babysaph 05-Dec-17
Babysaph 05-Dec-17
gobbler 05-Dec-17
Ron Miller 05-Dec-17
Jim Casto Jr 05-Dec-17
Ron Miller 05-Dec-17
Jim Casto Jr 05-Dec-17
From: Jim Casto Jr
04-Dec-17
FOR POACHERS:

I know in this day and time many problems consume our society and some things may seem to be trivial by comparison. However as a landowner, longtime hunter, member of West Virginia Bowhunters Association, supporter of the Wounded Warrior Program and member of the National Wild Turkey Federation, a situation has come about that I feel has been absolutely dismissed without any meter of justice served to and for landowners and sportsman, nor has any regard been given to our natural wildlife resources. These are important issues to many of us.

Several weeks ago on a Sunday morning from an isolated area and prior to the opening of the deer firearms season, a fellow, we’ll call Poacher 1, accompanied by a guy we’ll call Poacher 2, crossed my family’s property without our permission with the intent of hunting illegally on our neighbors private ground which they also had no permission to be on.

They were caught in the act by our local DNR Law Enforcement officer and charged. They would later appear before Magistrate Jackie Casto in the Jackson County Courthouse.

Poacher 1 killed a TROPHY deer with a rifle out of season on property in Cottageville, WV. My understanding is that while the State of WV has a mandatory minimum fine of $1,000.00 for killing trophy deer out of season, Poacher 1 and Poacher 2 (who has previously been charged with poaching) were literally relieved of any responsibility for their actions and were allowed to retain their hunting license’s. It is my understanding that Poacher 1 was found guilty on the least possible charge and Poacher 2 had all charges dismissed against him. That’s right… no points off their license and no double fines for Poacher 2 as is mandated by current code.

Trespassing, hunting out of season, no written permission, poaching a trophy deer and allowed to maintain hunting license?

It is my understanding that these charges can be reinstated and appropriate reasonable penalties be accessed. I would implore the Prosecuting Attorney of Jackson County, Katie Franklin and Magistrate Jackie Casto to please review this situation and ask that, at least, some semblance of justice be served to the landowners and sportsmen of Jackson County. We have all been violated and there should be some consequences for it—don’t you think?

From: Jim Casto Jr
04-Dec-17
I would encourage those you who visit other forums and use Facebook to please copy and post the OP on as many forums as possible. The "word" needs to get out about this situation. Perhaps it will minimize the possibility of it happening in your back yard.

Perhaps a call or email to the magistrate and prosecuting attorney's offices would be helpful too.

Magistrate Jackie Casto: jackie.casto@courtswv.gov (304) 373-2313

Prosecuting Attorny Katie Frankilin: katie.franklin@jacksoncountywv.com (304) 373-2270

From: gobbler
04-Dec-17
I am indeed sorry for this. This happens too often. Sportsmen and sportswomen need to let their magistrates and prosecuting attornies know that we true sportsmen take poaching seriously and demand that cases be prosecuted to the fullest extent of the law.

On average, the more rural a county is the higher the prosecution rate it has and the more urban the lower the prosecution rate is but there are some exceptions to the rule .

I know Colonel Jenkins who is the head of DNR LE attends state Magistrate meetings to explain the need for prosecution in game and fish related violations. He also has personally visited problem area since.

The only way to help correct this is for sportsmen to voice their displeasure in large numbers. These are both positions that are elected to their office by voters in their respective counties.

From: sundaynwv
04-Dec-17

sundaynwv's embedded Photo
sundaynwv's embedded Photo

From: Ron Miller
04-Dec-17
Jimmy, That goes on and on and on, the palms are greased by the same people over and over !! Sad the Good Ol Boy Politics is Happening here !!

From: hookman
04-Dec-17
Sad situation for sure Jimmy, The hard work that everyone does in legislature and game laws, such as getting the fines increased goes for naught because no one will enforce them. Certain people that know certain people helps get lawbreakers off. It is sickening .

From: Jim Casto Jr
04-Dec-17
Maybe even worse is the DNR LEO tries to do his job and then, literally nothing comes of it. I know it's very frustrating for him.

From: gobbler
04-Dec-17
You’re right. That is one of the most frustrating part of LEs job. That is where hunters(voters) can help.

From: Babysaph
05-Dec-17
I see it happen all the time in Pendleton county where I hunt. you guys have heard me complain about it.

From: Babysaph
05-Dec-17
Does anyone have what they think might be a reason for it?

From: gobbler
05-Dec-17
I have several opinions

From: Ron Miller
05-Dec-17
Jimmy, Gobbler , if there’s a Mandatory Minimum, how do they get around that ??

From: Jim Casto Jr
05-Dec-17
They have to be found guilty, Ron for the mandatory penalty to "kick" in. If the magistrate dismisses the charges they aren't guilty. I'm guessing some magistrates aren't even aware of it either.

From: Ron Miller
05-Dec-17
I see , caught dead to rights and dismissed !! Not surprising in this State ! 1 of our Directors called the Judge over a fox, why didn’t he call on this A Much More Serious Crime ??

From: Jim Casto Jr
05-Dec-17
Actually, he called a magistrate I went to high school with . He's a hunter and would have literally thrown the book at these guys. Unfortunately, he's having some serious health issues and had to give up the position.

He told me several years ago, the only thing he despised more than poachers was state officials calling him with arm-twisting Gestapo tactics. He wrote the whole ordeal down.

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