First Poacher Heading to Jail - New Poaching Law

[bluetick]

Release #011-11

Jan. 21, 2011


REPEAT OFFENDER FIRST TO RECEIVE JAIL SENTENCE UNDER NEW POACHING PENALTIES


HARRISBURG – Anthony Mark Marasco, 38, of Pittsburgh Street in Cheswick, Allegheny County, was sentenced to pay more than $4,750 in fines and serve two 90-day concurrent prison sentences after being convicted of his fourth poaching-related offense in 13 years, according to Pennsylvania Game Commission officials. Marasco is the first to be sentenced to prison under the new fines and penalties for poaching that took effect in September.


Game Commission Wildlife Conservation Officer (WCO) Dan Puhala filed charges against Marasco in the office of District Judge Elissa M. Lang, in Sharpsburg. On Jan. 20, Lang found Marasco guilty of the following:



- Unlawfully killing big game (turkey) over the limit, for which the judge assessed a fine of $1,500 and 90 days imprisonment;



- Unlawfully hunting while on license revocation, for which the judge assessed a fine of $1,500 and 90 days imprisonment;



- Unlawfully shooting on or across a highway, for which the judge assessed a fine of $300;



- Unlawfully hunting from a vehicle, for which the judge assessed a fine of $500; and



- Unlawfully taking or possessing game, for which the judge assessed a fine of $450, which is the result this most recent offense being a second and/or subsequent violation within a seven-year period.


Also, under the “enhanced penalties” section of the Game and Wildlife Code, Judge Lang added an additional $500 to the total fines, of which the witness is eligible for a $250 reward.


According to WCO Puhala, Marasco’s most recent incident in November was preceded by three deer-related convictions, beginning in 1997, followed by convictions in 2003 and 2007.


“The habitual nature of Marasco’s poaching offenses left little room for leniency,” Puhala said.


On Nov. 6, as WCO Puhala and Deputy WCO Art Harencame were on patrol, they were contacted by the Fox Chapel Police Department, who had stopped an apparent turkey poacher based on an anonymous tip.


“When we arrived on scene, Marasco was in his truck, along with his bow and some arrows, and was returning to the scene to pick up the turkey he had just shot with his compound bow along Trillium Lane in Fox Chapel,” WCO Puhala said. “We found that he saw the flock of turkeys from his truck, got out and shot a hen from the road, then left the area to return a short time later.


“Marasco has had his hunting privileges suspended for his previous game law violations, and remained on revocation for failure to pay more than $800 in fines assessed for offenses dating back to 1997.”

[Wasz]

I know everyone has their own traditions and whatnot, but I have always hated poaching. I dunno why I just despise it, its like being a thief and killing something at the sametime.

[PaBimmerGuy]

robin hood was a poacher and a thief.

[Drylok]

robin hood was a poacher and a thief.

Ya but he poached and stole from the right people. The tyrannts

[bluetick]

90 Days House Arrest


Pennsylvania is taking wildlife poaching seriously. A new law that took effect in September has led an Allegheny County man described by authorities as a "serial poacher" to be confined for 90 days and fined nearly $5,000.

Anthony Mark Marasco, 38, of Pittsburgh Street in Cheswick, is said to be the first person sentenced to house arrest for poaching under the new law.

"Road-hunting, shooting from a vehicle, is really looked down upon by people who hunt legally," said Puhala.

"When you look at this case, if [house arrest] is not a deterrent to poaching I don't know what would be. We're not swatting people on the wrist for this type of behavior anymore."

District Judge Elissa M. Lang of Sharpsburg sentenced Mr. Marasco to two 90-day concurrent sentences of house arrest. It has not been determined when the confinement will begin.

[WhiteFeather]

Two concurrent (not consecutive) jail sentences to 90 days?

FYI Concurrent sentencing is when a criminal is convicted of violating several different sections of law and serves the sentence for each conviction at the same time. Consecutive is back to back time

Geez, this guy hasn’t learned his lesson in the past so why is he going to care about this?

Why not require him to work in the field restoring habitat for the PGC instead of cooling his heels in jail / home at tax payer expense?

Bust his ass in the woods for 180 days and THEN make him sleep and eat in jail after 10-12 hours in the field and I bet he thinks better of it next time!

We can call it Adult Boot Camp (acronym of ABC rehabilitation) and fashion it after what we do for troubled juveniles.

Release #011-11

Jan. 21, 2011


REPEAT OFFENDER FIRST TO RECEIVE JAIL SENTENCE UNDER NEW POACHING PENALTIES


HARRISBURG – Anthony Mark Marasco, 38, of Pittsburgh Street in Cheswick, Allegheny County, was sentenced to pay more than $4,750 in fines and serve two 90-day concurrent prison sentences after being convicted of his fourth poaching-related offense in 13 years, according to Pennsylvania Game Commission officials. Marasco is the first to be sentenced to prison under the new fines and penalties for poaching that took effect in September.


Game Commission Wildlife Conservation Officer (WCO) Dan Puhala filed charges against Marasco in the office of District Judge Elissa M. Lang, in Sharpsburg. On Jan. 20, Lang found Marasco guilty of the following:



- Unlawfully killing big game (turkey) over the limit, for which the judge assessed a fine of $1,500 and 90 days imprisonment;



- Unlawfully hunting while on license revocation, for which the judge assessed a fine of $1,500 and 90 days imprisonment;



- Unlawfully shooting on or across a highway, for which the judge assessed a fine of $300;



- Unlawfully hunting from a vehicle, for which the judge assessed a fine of $500; and



- Unlawfully taking or possessing game, for which the judge assessed a fine of $450, which is the result this most recent offense being a second and/or subsequent violation within a seven-year period.


Also, under the “enhanced penalties” section of the Game and Wildlife Code, Judge Lang added an additional $500 to the total fines, of which the witness is eligible for a $250 reward.


According to WCO Puhala, Marasco’s most recent incident in November was preceded by three deer-related convictions, beginning in 1997, followed by convictions in 2003 and 2007.


“The habitual nature of Marasco’s poaching offenses left little room for leniency,” Puhala said.


On Nov. 6, as WCO Puhala and Deputy WCO Art Harencame were on patrol, they were contacted by the Fox Chapel Police Department, who had stopped an apparent turkey poacher based on an anonymous tip.


“When we arrived on scene, Marasco was in his truck, along with his bow and some arrows, and was returning to the scene to pick up the turkey he had just shot with his compound bow along Trillium Lane in Fox Chapel,” WCO Puhala said. “We found that he saw the flock of turkeys from his truck, got out and shot a hen from the road, then left the area to return a short time later.


“Marasco has had his hunting privileges suspended for his previous game law violations, and remained on revocation for failure to pay more than $800 in fines assessed for offenses dating back to 1997.”

90 Days House Arrest


Pennsylvania is taking wildlife poaching seriously. A new law that took effect in September has led an Allegheny County man described by authorities as a "serial poacher" to be confined for 90 days and fined nearly $5,000.

Anthony Mark Marasco, 38, of Pittsburgh Street in Cheswick, is said to be the first person sentenced to house arrest for poaching under the new law.

"Road-hunting, shooting from a vehicle, is really looked down upon by people who hunt legally," said Puhala.

"When you look at this case, if [house arrest] is not a deterrent to poaching I don't know what would be. We're not swatting people on the wrist for this type of behavior anymore."

District Judge Elissa M. Lang of Sharpsburg sentenced Mr. Marasco to two 90-day concurrent sentences of house arrest. It has not been determined when the confinement will begin.

Locking someone in their home under home arrest, is much like locking a teenager in their room, with them still having access to fun distraction like xbox, computers, telephones sure it’s a inconvenience but its sure not like sitting in jail or much preferred showing there a real consequences for their actions by letting them work the crime time out by improving game lands by hand digging holes planting trees or any of the long list of dirty jobs and unpleasant jobs the WCO have to routinely do.

[bluetick]

I agree with that. I think most hunters would as well.

True, being locked in your house for 90 days - minus going to work, is tough, but a mere inconvineince.

At a minimum, he should have gotten consecutive sentences. Some sort of public service should also have been required in addition to the house arrest.

A guy with a history like this deserves no breaks.

[knight0334]

A police officer in a nearby town got busted too. But seems to only been fined despite prior issues.

http://www.thecourierexpress.com/cou...-game-law.html

A Ridgway man was found guilty Thursday of using unlawful devices and methods to take wildlife and using an ATV on lands leased by the Game Commission.
Shawn Michael Geci, 36, 510 Williard St., was ordered by District Judge Alvin Brown of Cameron County, who was specially presiding at District Judge George "Tony" King's office, to pay $400 in fines plus court costs.
Geci, a Ridgway Borough police officer, has 30 days to appeal the decision in the Court of Common Pleas in Elk County.
The citations were filed by Game Commission Wildlife Conservation Officer Richard S. Bodenhorn as the result of a Dec. 3 incident. Bodenhorn received a cell phone message from LandVest Forest Operations Manager Michael Hovatter that led him to a tract of property between Water Street Extentsion and Long Level Road in Ridgway Township where an ATV had been in operation.
The land is part of 32,000 acres that are managed by LandVest for PA Timber and is under a Deer Management Assistance Program established by the Game Commission. The agreement opens the land to public use for recreation and hunting and the Game Commission provides patrols for land abuse, littering and off-road vehicle use, which is strictly prohibited.
Bodenhorn and cadet Christopher Bergman went to the area, found fresh ATV tracks with deer drag marks behind and followed the tracks to Geci's camp.
When he pulled into the driveway of the camp, Geci's truck was there and Geci walked out of a shed where an ATV was parked.
Bodenhorn said Geci had killed a buck and told them he used an ATV to bring it back. Bergman told Geci they would need to check the buck, which Bodenhorn said Geci was "somewhat offended by."
The 8-point had been tagged.
"While I was there I could see there were parts of another deer in the shed. He (Geci) volunteered that his grandfather had killed a buck (earlier in the season)," Bodenhorn said. "So we dismissed that. It seemed like an honest and legitimate reason."
After leaving Geci's camp, Bodenhorn said the officers went back into the woods to follow the tracks when they came across a deer drag track coming onto the trail.
"You could also see where the ATV pulled off of the trail. There was a lot of blood and I'm not exactly sure how the ATV was positioned there, but the ATV drug the deer out of there," Bodenhorn said.
There was a spot near the ATV with a set of boot prints that left the ATV and stepped about 2 feet off the trail.
"The foot position indicated, in my opinion, that the person had, in my opinion, fired a firearm from that position," Bodenhorn said.
Further down the road, Bodenhorn found another deer drag mark with tracks leading 30 to 40 yards from the ATV trail to another gut pile.
"Upon finding this gut pile, I also found testicles and a penis indicating it was a buck, which really raised my suspicions to an extreme level," Bodenhorn said. "Due to the only ATV tracks being found all went to Geci's camp, so I was concerned at that point Mr. Geci may indeed have killed two bucks that day."
The officers returned to the camp, but the gate was closed and Geci's truck was gone.
They went to his residence and he told them he killed a buttonbuck, used a LandVest DMAP permit on it, then went back out and shot an 8-point and brought it back.
Bodenhorn produced two orange tags, with Geci's name for the 2010-2011 hunting season for the parcel of LandVest land which he manages.
While Geci was issued DMAP permits, they were for antlerless deer and LandVest's information about land use which is provided to all licensed hunters notes the prohibition of ATVs, snowmobiles, dirt bikes and other off-road vehicles .
Hovatter said that in September and October 2008, he had contact with Ridgway police Chief Ralph Tettis, Geci's commanding officer, telling him to warn Geci about ATV use policies on LandVest lands.
"There's also testimony that the Game Commission officers were more than lenient with the charges. More than lenient, where another person would have been charged with illegal deer and two counts of the infractions," Bodenhorn said.
"First of all, I'd like to say to the Game Commission, shame on you. Why would you treat a police officer any different than anyone else," Brown asked while rendering his verdict. "I don't think that's right and I don't think that should be done. ... Violating the law is violating the law."
Attorney Karl Geci made several points, including:

* There is no proof of the ATV -no photographs, no comparisons of tread marks, no make or model, or ownership checks.

Brown said the charges are non-traffic and criminal in nature, so evidence the tracks were followed back to the camp and the defendant saying he used the vehicle were "common sense" proofs of the use of the ATV.

* Attoreny Geci said the citation asks who owns the lands the incident occurred on and officers wrote "LandVest." Geci said that is incorrect since LandVest manages land which is owned by PA Timber. He also presented a tax map that deeds the land to Heartwood Timber Land. Geci objected to the discrepancies in the maps and ownership, although Brown said he accepted them as presented by the Game Commission.
* Geci also argued that two deer were taken, one at 9 a.m. and one around 11:45 a.m., but the Game Comission didn't relate the two charges to either kill in particular.

Bodenhorn and Brown said it doesn't matter which deer the charges were in relation to.
"No one has to see you shoot a deer from a vehicle when you can show that, the vehicle came to that location and are the only tracks going to that location. And the only tracks getting off of that vehicle led to the place where the deer was shot, and the direction of the shot left through the deer from that location. The pictures clearly show there were no other (man)tracks there," Brown said. "Mr. Geci drove to the location, shot a deer, gutted the deer and drug it back to his camp."
Prior offenses
Court records show that Geci has two previous game law convictions:

* On July 5, 2003, in Jones Township, Elk County, Geci was charged with unlawful presence of a loaded firearm in a vehicle. On July 10, 2003 he pleaded guilty and was ordered to pay $200 in fines and costs.
* On July 28, 2005, in Ridgway Borough, Elk County, Bodenhorn charged Geci with taking possession of game or wildlife. On Aug. 10, 2005, Geci pleaded guilty and was ordered to pay $300 in fines and costs.

[NikeBauer21]

A police officer in a nearby town got busted too. But seems to only been fined despite prior issues.

http://www.thecourierexpress.com/cou...-game-law.html

Yet again, there's a set of rules for us, and there's a set of rules for them.

[Big Chuck]

Maybe it's my hate for the PGC or my hate for the government limiting every freedom they can, but I just can't agree with the sentence. You should never be imprisoned for shooting a wild turkey. Which commandment was it that said, thall shall not hunt in a manner not approved by the state?

I understand the need for game preservation, but fines are more than sufficient. While it might not be a completely effective deterrent, the revenue generated can more then offset the damage cause by those who are not deterred.