Feathers and Fins Posted July 6, 2013 Posted July 6, 2013 What and help feed a lawyer? The defendants defense is solid, is it not? (Heresy, a misunderstood prank, ect...ect.) Actually wrench I have spear fished most my life and in the second pic ( fish on table ) I can see 5 fish without doubt that have Hawaiian Sling hits to them and possibly a 6th. Hard to argue in court to a Jury that's never spear fished but if he got a Jury with a spear fisherman on it he would be screwed. At this point though my thinking is MDCO will do nothing about this particular case unless they find evidence he has been posting online in his words he is doing it, but I will bet they watch him now and sooner or later get him. https://www.facebook.com/pages/Beaver-Lake-Arkansas-Fishing-Report/745541178798856
LittleRedFisherman Posted July 6, 2013 Posted July 6, 2013 Guys you can make all the assumptions you can but, the bottom line is if you have ever dove or snorkeled with Smallmouth then you know even a total amateur could stick virtually every fish in the root wad. The smallies are very territorial and curious, they will come right up to you and obviously make way too tempting of a target. This dude did this crap right at the campground at Bass River Resort and Huzzah Valley or at least that's where he posted pics from on his Facebook page like fool, could have been other spots, who knows??? This stuff is happening out there, I personally think there is more illegal gigging than illegal spearing, both are really bad for Smallmouth populations. It's pretty sad because after talking to one of the campground owners he was really hurt by this.....he feels he gave him access and should been able to prevent it, he is extremely upset about this. That's nuts, we can't control the morals of people. I agree with what Gavin said......if you have been in the business long enough you will develop a set of ethics that will allow you to see a future in the sport you love hopefully....the good thing is for most people this set of ethics pretty much just kicks in. I feel that Stephan and Corey have gone to the correct authorities as Hoglaw said and will be helping them however they can to investigate this clown....so he will get his, what ever that is??? report all of this crap every time no matter what Glad to hear action is being taken, this warms my soul for sure! It is imperative for folks like us that on on the water occasionally, or very frequently to report this kinda stuff. Cudoo's to Scott and the rest of you guys who are pursuing this! There was sort of a similar thing going on here about 3 winters ago, where people discovered a hole on the St. Francis (Delta version), that was absolutely full of Flathead. There's a 45 day snag season in AR, with a two fish limit, no throwbacks. There were a few clowns that was filling there boat full, of 30 and 40 pounders, if they snagged a little one they might throw it back wounded, and posted it on Facebook. Game Warden got wind of it, and pursued it, he caught several after that with camera and microphones where he staked the hole out. He pretty much put a stop to it as far I can tell, at least the majority of it, as this place was just a mile from my home! I commended the AGFC for there action, hopefully the MDC will do the same!! There's no such thing, as a bad day fishing!
Wayne SW/MO Posted July 6, 2013 Posted July 6, 2013 Lets hope a hard lesson is coming soon. Good job being persitant smallieb. Today's release is tomorrows gift to another fisherman.
hoglaw Posted July 6, 2013 Posted July 6, 2013 What and help feed a lawyer? The defendants defense is solid, is it not? (Heresy, a misunderstood prank, ect...ect.) The prosecutor doesn't make more money as a result of an additional case so I don't understand this. The local prosecutor is, however, an elected official who benefits indirectly from prosecuting unpopular crimes. He/she also has the ability, to a certain extent, to direct the actions of mdc and local law enforcement. I was just trying to help those that wanted to take action on this to get in touch with the person who could actually make something happen.
exiledguide Posted July 6, 2013 Posted July 6, 2013 Smalliebigs is right , when I had my place on the Big Piney and fishing was slow I would use my hill billy fish finder to locate the fish, a mask and snorkel, and 2 things always amazed me the number of quality fish in that hole that I could not get to bite and how once I got below the surface how close I could get to them without spooking them.........Until we start treating fish poaching as we do deer poaching we never will have the quality smallmouth fishing that that the rivers are capable of producing.
fishinwrench Posted July 7, 2013 Posted July 7, 2013 The prosecutor doesn't make more money as a result of an additional case so I don't understand this. The local prosecutor is, however, an elected official who benefits indirectly from prosecuting unpopular crimes. He/she also has the ability, to a certain extent, to direct the actions of mdc and local law enforcement. I was just trying to help those that wanted to take action on this to get in touch with the person who could actually make something happen. So you think the prosecutor and the prosecutors judge will allow him to defend himself without paid counsel? Not in Missouri, they can't negotiate a plea deal without a middleman.....and from what I see that would be the prosecutors only hope.
Feathers and Fins Posted July 7, 2013 Posted July 7, 2013 Wrench I think he is trying to help point people to the person who could have forced the issue with law enforcement. The guy if he got busted would probably lawyer up anyway but at least he would be busted. Not trying to get him a lawyer but get the DA to have LE get involved. https://www.facebook.com/pages/Beaver-Lake-Arkansas-Fishing-Report/745541178798856
fishinwrench Posted July 7, 2013 Posted July 7, 2013 I get that, but if MDC doesn't pick up the ball first then the state has no case. The prosecutor likely doesn't know a bass from a hole in the wall so he/she will botch the case, the defendant will get off....and the only one who wins is the lawyer. In my county a case taken in that fashion will only cost the defendant about as much as a defective equipment citation in the end.
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