Duwane Adams ?

[forepaw]

 

Not that simple.  I think this case was wrongly decided, partially due to some poorly written law, and partially due to Nick Debaca being ratted out by the hunter.  The hunter was the one who squeezed the trigger, and should have manned up and done the right thing.   By the way, Marsha Petrie Sue voted against the revocation, so it was not unanimous.  That should tell us something. 

1.  I agree, the terrain along some of the roads in 34a is such that it would be very difficult to shoot off the edge of the road unless you had practiced with shooting sticks;

2.  On this hunt, Mr. Adams was apparently the guide of record, although the signed contract was probably with the company, so any of the licensed guides could have been the "official" guide;

3.  There were 4 citations issued, 1- to Mr. Adams (possession of meat), 1- to Mr. Olieto (possession of meat), 1- to the hunter (shooting from a road) and 1- to Mr. Debaca (possession of scalp and antlers of unlawfully taken deer).  The charges against the first two guides were dropped because the officer who issued the citation was away on military duty and therefore unable to testify.  The charge against the raffle tag winner Mr. Best, was dropped or reduced as he pled guilty, but through the practice known as "diversion" implicated one of the guides, Mr. Debaca, as being partially responsible for his taking the shot from the location he did.   As Mr. Debaca stated, he was not anywhere near the hunter Mr. Best, as he set up for the shot, rather he was glassing the deer from another location in anticipation of the shot.  And finally, Mr. Debaca who was not the guide of record, and was primarily along to watch how the hunt would play out with an opportunity for a rifle harvest of a quality Coues buck, was issued a citation for possession.  Due to "strict liability" the citation for possession had to go to someone.

Additionally, Mr. Debaca got some bad advice with respect to the 180 day timeframe with respect to affirmation that AZGFD was going notify whether or not they would assume jurisdiction.  He never heard one way or the other and therefor assumed there would be no revocation hearing and he would just have the misdemeanor conviction, and could continue guiding after the "1 year penalty period" which as stated by the investigator Mr. Foley, was actually a 5 year window for a prior conviction.

We all know sometimes life does crappy things to us.  This whole thing looks to me like a perfect storm of being in the wrong place at the wrong time with the wrong people, and in the gray area of the law.  I have hunted with Nick Debaca.  He is an excellent guide and a good man.  It is shameful that got caught up and railroaded which is exactly what happened, and will result in him being unfairly penalized in numerous ways.  If any of the folks involved walk away with a clear conscience, maybe they are fooling themselves.  That little nagging voice might be there for a long time.  

Hopefully Nick Debaca can bounce back and continue with his guiding business at some point in the future, but in the meantime, let this be a word to the wise for all of us.