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Farmer fights fine for slaying bear - 1/5/2010 2:51:19 AM   
pahunkboy


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From: Central Pennsylvania
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Farmer fights fine for slaying bear Abosulute hogwash here!

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Published January 05, 2010 12:12 am - A Buffalo Township farmer accused of shooting and killing a 400-pound black bear in October will be in court today on the summary citation issued to him by the Pennsylvania Game Commission.  from this site -->
http://www.dailyitem.com/0100_news/local_story_005001310.html

Mod- please bear with me on this one.



Farmer fights fine for slaying bear


By Amanda O’Rourke
The Daily Item

MIFFLINBURG — A Buffalo Township farmer accused of shooting and killing a 400-pound black bear in October will be in court today on the summary citation issued to him by the Pennsylvania Game Commission.

John Nolt, of 7093 Buffalo Road, was cited by commission wildlife conservation officer Dirk Remensnyder and fined $168 for killing the bear Oct. 5 after neighbors say it terrorized them and killed their livestock for months.

Nolt initially seemed conciliatory and thanked the commission and Remensnyder for their work. It appeared as though the issue would be resolved with Nolt paying the fine with help from his neighbors, who reportedly took up a collection and offered to pay the fine for Nolt as thanks.

But according to Nolt’s attorney, Kendra Mohr, of Pannebaker and Mohr, Middletown, Nolt has had a change of heart and will ask 15 of his neighbors to testify on his behalf.

“He does not think it’s the appropriate thing to do, to plead guilty to something he feels he didn’t do,” Mohr said. “He feels he did something the Game Commission should have been doing.”

Remensnyder has called Nolt’s actions vigilante justice, while Nolt’s neighbors and Mohr have labeled him a hero.

It’s an issue that has pitted Nolt’s neighbor farmers, many of whom have torn down Game Commission signs on their property in protest of the fine, against the commission itself.

“The shooting of the bear ended a killing spree that lasted more than six months,” Mohr said in a statement to the media. “Nolt’s neighbors lost goats, calves and chickens to the killer bear. Many feared for the safety of their children and themselves.”

Nolt is set to appear before District Judge Jeffrey Mensch, of Mifflinburg, at 2 p.m. today for a summary hearing on the non-traffic citation, to which Nolt has refused to plead guilty and pay the fine.

Mohr said she has called 15 of Nolt’s neighbors to testify at today’s hearing, two of whom also have been called by the Game Commission. They are Lisa and Roger Rishel, 126 Conley Road, who had one of their goats eaten by the bear the same day Nolt shot it dead with a 30.06 Remington rifle.

Though Nolt lost none of his livestock to the bear, Mohr said the bear was within feet of his calf barn when he killed it.

“This is something that went on for a long amount of time, and the Game Commission just couldn’t or wouldn’t do anything about it,” Mohr said. “And finally they had to take matters into their own hands, and this is something I think any of his neighbors would have done. He just happened to be the one who got to it first.”




< Message edited by pahunkboy -- 1/5/2010 2:53:58 AM >
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RE: Farmer fights fine for slaying bear - 1/5/2010 2:54:36 AM   
Ialdabaoth


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An equitable solution: Why don't all the families that lost something to the bear (or who felt threatened by it) pool their money and pay the fine? That way, the law is upheld, and the burden is shared by the community.

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RE: Farmer fights fine for slaying bear - 1/5/2010 3:08:16 AM   
pahunkboy


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quote:

ORIGINAL: Ialdabaoth

An equitable solution: Why don't all the families that lost something to the bear (or who felt threatened by it) pool their money and pay the fine? That way, the law is upheld, and the burden is shared by the community.


They did.  But then the principle became clear.

The state had 6 months to abate the bear.  And did not.

This is a sovereignty issue.

The community obviously thought the bear had to go.  A bear has no constitutional rights.

So the state imposes a monetary fine on the farmer.

This was not a poaching.

I am glad the locals are challenging this!

Sloppy law must have been put in place when there is no exception for this type of thing.

Even still- the community of the people ARE the ones government must serve. I am tempted to go to this trial. If it sticks - I view this as a blow against our sovereignty- private property rights and an affront of govt to either perform or get out of the way.

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RE: Farmer fights fine for slaying bear - 1/5/2010 3:11:33 AM   
pahunkboy


Posts: 33061
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From: Central Pennsylvania
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One has to watch the state.  To assess a monetary fine on anyone.  6 long months to solve the wayward bear which killed $100s maybe even $1000s in livestock- of FARMERS.  The very source of income that would pay this "fine".



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RE: Farmer fights fine for slaying bear - 1/5/2010 5:11:58 AM   
Hillwilliam


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Actually, most states have laws that allow a person to use "up to and including deadly force" when a person feels that they are in immediate danger of harm.  I have a feeling that if you look deep enough, PA has the same law.  Wouldnt be the first time a cop didnt know the law.

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RE: Farmer fights fine for slaying bear - 1/5/2010 5:26:49 AM   
pahunkboy


Posts: 33061
Joined: 2/26/2006
From: Central Pennsylvania
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quote:

ORIGINAL: Hillwilliam

Actually, most states have laws that allow a person to use "up to and including deadly force" when a person feels that they are in immediate danger of harm.  I have a feeling that if you look deep enough, PA has the same law.  Wouldnt be the first time a cop didnt know the law.



That is true.

Some bureaucrat is blundering here.  It sounds like they went thru the official channels to try to resolve it- so there would be a record.   If there are other circumstances it should be interesting to hear what they are.

If the law is sloppily termed then that will have to be fixed. 

I can imagine the uproar is a bear got loose in town.   The authorities would shoot it with in a few days. 

Many of these gray areas do work themself out.  That is usually how it works.  but sometimes the system wants to excerpt its authority. 

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RE: Farmer fights fine for slaying bear - 1/6/2010 12:46:35 AM   
pahunkboy


Posts: 33061
Joined: 2/26/2006
From: Central Pennsylvania
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I have an update.

Standing room only court!~    (yess!)

Some else shot the bear.  (huh?)

No plans to charge other man.

community WINS!

YESSSSSSSSSSSSSSSSSSS!!!!


http://www.dailyitem.com/0100_news/local_story_006002737.html


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RE: Farmer fights fine for slaying bear - 1/6/2010 6:10:32 AM   
Real0ne


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if thats the game they want to play..... 

Since they claim responsibility of the game management they also bear the liability.

File charges against the game dorks for aiding and abetting the commission of a crime.

trespassing and accomplices, destruction of property, opportunity loss, failure to provide remedy

Hell put in murder of the goat!  LOL 
They cant escape the other charges anyway! LOL

hell while we are at it why not add creating a public nuisance, negligence, and failure to perform their fiduciary or trustee duties!  LOL

Do it as a sovereign so you write the law

Drop a several million dollar lien against the commission they cannot shake and liquidate them.

Think the slaves of this nation will ever wake up and join the other side?


and of course this is for educational purposes only and never to be construed as legal advice.

< Message edited by Real0ne -- 1/6/2010 6:32:29 AM >


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Yesterdays tinfoil is today's reality!

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