Duwane Adams ?

[Coues247]

5 minutes ago, Lucafu1 said:

But the thing is it wasn't him, it was the Hunter. And since the hunter shot it with a foot on the road that made the deer illegal. So once it became illegal, transporting it for the hunter to the taxidermist was illegal because it was unlawfully taken. Am I missing something because that sounds like horse shoot to me? 

 

Also, I am confused why he dropped his appeal. I dont think that was a good move. 

 

That attorney explained and it kind of made sense. He didn't really care about getting a misdemeanor when he thought they decided not to take his license after the 180 day statute of limitations. So when 180+ days past he said I dont really care if this conviction stands as long as I'm not losing my license so he dropped it. Then it sounds like azgfd came in after the 180 days and gave him notice of the revocation. Thats where I dont understand why he didnt fight it more. I dont know the details of that part but seems like it should be clear cut if they missed their 180 day period. But courts seem to give law enforcement a lot of leeway and make exceptions for them quite often. 

[Lucafu1]

Thanks for the explanation. Yeah I would have continued to fight it for what was presented. I would like to know what road this was on cause yeah it's pretty vague. I do and have told people to make sure to step off the road but some of these "maintained' dirt roads where does it actually end? Its very subjective. 

[AZCoueser]

9 hours ago, Lucafu1 said:

But the thing is it wasn't him, it was the Hunter. And since the hunter shot it with a foot on the road that made the deer illegal. So once it became illegal, transporting it for the hunter to the taxidermist was illegal because it was unlawfully taken. Am I missing something because that sounds like horse shoot to me? 

 

Also, I am confused why he dropped his appeal. I dont think that was a good move. 

 

You are correct in your assessment based on what I watched. 
 

He dropped his criminal appeal bc Game and Fish hadn’t served him within 180 days so he thought that meant the commission wasn’t going to act. Makes sense when you consider an hour of attorney fees probably cost as much as the fine. He was ok paying the criminal fine to just be done with it if his license wasn’t on the line any more.

[HuntHarder]

Whole story sounds weird.  How did the "hunter" even get caught?  I am assuming the warden had to be watching from a far.  

[MogollonMan]

9 hours ago, Coues247 said:

That attorney explained and it kind of made sense. He didn't really care about getting a misdemeanor when he thought they decided not to take his license after the 180 day statute of limitations. So when 180+ days past he said I dont really care if this conviction stands as long as I'm not losing my license so he dropped it. Then it sounds like azgfd came in after the 180 days and gave him notice of the revocation. Thats where I dont understand why he didnt fight it more. I dont know the details of that part but seems like it should be clear cut if they missed their 180 day period. But courts seem to give law enforcement a lot of leeway and make exceptions for them quite often. 

This is exactly what happened.

[452b264]

9 hours ago, Lucafu1 said:

Thanks for the explanation. Yeah I would have continued to fight it for what was presented. I would like to know what road this was on cause yeah it's pretty vague. I do and have told people to make sure to step off the road but some of these "maintained' dirt roads where does it actually end? Its very subjective. 

If I remember correctly you must be 50 feet off the center of the road.

[CatfishKev]

5 minutes ago, 452b264 said:

If I remember correctly you must be 50 feet off the center of the road.

When I went to my bison information meeting that game and fish held the officer said the difference between shooting from the road and being off-road is simply one step.  

[forepaw]

42 minutes ago, HuntHarder said:

Whole story sounds weird.  How did the "hunter" even get caught?  I am assuming the warden had to be watching from a far.  

It was an OGT call.  Other hunters (archery) were watching as the incident took place.  They may have been watching the same buck.  They didn't know the hunter had won the raffle tag, which allowed him to hunt any unit with any weapon for 365 days.

[trphyhntr]

That’s super gay. Anybody that thinks you should get in trouble for shooting with your foot in the road is gay as well. 

[desertmafia21]

Wish Jay Scott could have brought him back on his show to get his side of the story. This whole thing is whack!

[Big or Bust]

1 hour ago, desertmafia21 said:

Wish Jay Scott could have brought him back on his show to get his side of the story. This whole thing is whack!

Jay doesn't do podcasts anymore....

[yotebuster]

I remember the guy at the orientation on a Mcgregor Oryx hunt telling everyone that if he heard of someone shooting one near a road that DIDNT rest their rifle on the truck he’d be mad at em as it’s the best rest you have.   The brush is tall and if you get off the road you can’t see squat unless you shoot offhand or off a tripod (which the idea of that didn’t even exist at the time essentially).  He said way too many critters get wounded from guys trying to get off the road and a poor rest.  His only legal advise was to make sure one foot was touching the ground.  Anyhow, I just think it’s funny how one state away it’s legal and encouraged and next door it’ll get you 5 year loss of privilege for just outfitting someone that did it. 

[desertmafia21]

2 hours ago, Big or Bust said:

Jay doesn't do podcasts anymore....

This happened years ago when he was still doing podcasts. Duwane was on his show at least twice a year. I’m really surprised he didn’t try to clear his name after the charges were filed. Instead he retired. Oh well guess we will never know. 

[TR0UBLE SH00TER]

1 hour ago, yotebuster said:

I remember the guy at the orientation on a Mcgregor Oryx hunt telling everyone that if he heard of someone shooting one near a road that DIDNT rest their rifle on the truck he’d be mad at em as it’s the best rest you have.   The brush is tall and if you get off the road you can’t see squat unless you shoot offhand or off a tripod (which the idea of that didn’t even exist at the time essentially).  He said way too many critters get wounded from guys trying to get off the road and a poor rest.  His only legal advise was to make sure one foot was touching the ground.  Anyhow, I just think it’s funny how one state away it’s legal and encouraged and next door it’ll get you 5 year loss of privilege for just outfitting someone that did it. 

It is unlawful to:

Shoot at game on, from or across any paved, graded or maintained public road 

https://wildlife.dgf.nm.gov/download/13-general-rules/?wpdmdl=48370&refresh=696ad32316e151768608547

https://wildlife.dgf.nm.gov/hunting/general-rules/#2e2e7f79ec5a026e2

 

[yotebuster]

57 minutes ago, TR0UBLE SH00TER said:

It is unlawful to:

Shoot at game on, from or across any paved, graded or maintained public road 

https://wildlife.dgf.nm.gov/download/13-general-rules/?wpdmdl=48370&refresh=696ad32316e151768608547

https://wildlife.dgf.nm.gov/hunting/general-rules/#2e2e7f79ec5a026e2

 

This was on a military installation.  They’re private roads.