*** Specific names of the officers involved have been removed due to the impending investigation of the matter. **
Does the DNR Condone misconduct by Officers?
I have been a hunter for over 25 years, but never in my years of hunting, have I ever experienced such an unusual sight as the one I did in Emmet County on December 19, 2004. It was an 8 point, 98 % white whitetailed deer! Now before we get off track, this deer was a legal piebald deer. It was partially white and did not have pink eyes like an albino deer would exhibit.
I would like to share my experience about my unusual harvest and the problems that incurred. I would like to start with educating others on the legal and genetic definition of albino deer, white deer and piebald deer.
The Wildlife Conservation Act Order states - 3.100(2) It shall unlawful for a person to take or possess, at anytime, an albino deer, being a deer with all white or colorless hair, or a deer with a coat of all white hair similar to an albino deer. Piebald, or partially white deer, may be taken under the provisions of this order.
Legal Description
• Albino – a deer with all white or colorless hair (pink eyes)
• White – a deer with all white or colorless hair similar to an albino deer. (Brown eyes)
• Piebald – a partially white deer (brown eyes)
Genetic Description
• Albino
“True albinism is due to lack of pigment. A true albino deer will have all white hair, grayish hooves and pink eyes. The eyes appear to be pink because, in the absence of pigment, the blood can be seen coursing through the blood vessels.” (The deer of North America by Leonard Rue 3, pg 182)
• White
“The Seneca Army Depot in New York State has an entire herd of white deer. Although their coats are white, their eyes are brown and not pink, as in true albinism.” (The deer of North America by Leonard Rue 3, pg 182,183)
• Piebald
“Partially white, or piebald, deer are the color mutation hunters are most likely to see, being far more common than melanistic, albino or all white deer. Piebalds tend to be highly variable in color patterns, ranging from a few white spots to mostly white with a trace of brown. In albinos, none of the cells can produce melanin. In piebald’s, at least some cell can produce pigment. This causes a spotting of coat colors, with some area appearing normal and others white.” (John Ozoga’s Whitetail Intrigue, Scientific Insights for White-tailed deer hunters, pg 142,143)
Below is a time table of events regarding the unlawful action of three MDNR officers (“Lieutenant”, “Sergeant” and “CO”).
12-19-04 • John Ingersoll harvested an 8 point piebald deer.
12-21-04 • John Ingersoll voluntarily took the piebald deer to the MDNR Field Office in Indian River.
• Confirmed piebald deer by 3 DNR biologists
1-06-05 • MDNR confiscated sections of deer hide for testing
• MDNR had no warrant
• MDNR damaged hide due to seizure
1-12-05 • MDNR aged the piebald deer
• The deer was aged at the Rose Lake Lab as a 2.5 year old male.
1-20-05 • MDNR testing results Necropsy Record
• The deer’s eyes were pigmented – which by definition eliminates this as being an albino deer.
2-19-05 • MDNR testing results Toxicology Report
• And hair tested negative for petroleum hydrocarbons. We did not find any manmade chemicals on the skin.
7-11-06 • DNR “Lieutenant” Deposition
• Testified under oath that the deer Ingersoll shot was an albino
• “Lieutenant” under oath refused to answer questions and was uncooperative
8-22-06 • DNR “Sergeant” Deposition
• Testified under oath the deer Ingersoll shot was an albino
• Testified under oath that an albino deer is legal to kill under certain circumstances
• Testified under oath that John Ingersoll’s case was reviewed by the Cheboygan County Prosecutor for possible prosecution.
12-01-06 • Civil Lawsuit filed by Ingersoll in Cheboygan County was dismissed
• Dismissed due to the false testimony of “Lieutenant” and “Sergeant”
Now that we have a time line of events, let’s talk about some document facts. How MDNR officers violated my Constitutional Rights, perjured themselves and obstructed justice….
Constitutional Rights
I feel my Constitutional rights were violated by the MDNR due to the fact that they had no warrant to confiscate and destroy my property.
MDNR position
•Their response to this allegation was MDNR has the authority to do routine inspections at any taxidermist.
My position
• Although it is correct that the DNR regulates the Taxidermist businesses and is able to inspect said Taxidermist specimens at any time. The law does not provide an avenue to confiscate ones property without a warrant. Which the DNR did not have! It is also a severe problem that the deer was thawed out and refrozen, causing damage to the hide that was non-repairable. This term is called slippage and is defined as hair falling out of the hide.
1. Taxidermist – Records and Inspection Law – 3. A person issued a taxidermy permit shall keep a copy of the identification tag (PR9418) for each specimen disposed of for one year after disposal of any specimen. This record and all specimens in possession of the taxidermist shall be available for inspection at any reasonable time of day by the Director, the Director’s designee or any conservation officer.
• It has also been stated in a deposition that “Sergeant” told the taxidermist to destroy my documentation. Even though the law states above that he must obtain his records for one year.
MDNR Officers perjured themselves
MDNR position
•“Lieutenant” testified under oath that the deer had pink eyes and was an albino deer and my case was reviewed by the Cheboygan County Prosecutor for possible prosecution.
My position
• The DNR Incident Report concluded the deer was a piebald deer. Examined hands-on by two biologists and verified by a biologist at the Gaylord Operations Office.
• The MDNR Necropsy Record clearly stated “The deer’s eyes were pigmented- which by definition eliminates this as being an albino deer.”
• “Sergeant” testified that the deer had brown eyes.
• Pictures of the deer’s eye color were taken and filed at the MDNR showing the deer’s eye color as brown.
• The Cheboygan County Prosecutor Office has no record of any case being reviewed by their office regarding this piebald deer.
•Through a Freedom of Information request, I received the daily activity reports of both “Sergeant” and “CO”, none of these officers were even at the Cheboygan County Building in the time frame of the investigation.
MDNR position
•“Sergeant” testified under oath that the deer was an albino deer and my case was reviewed by the Cheboygan County Prosecutor for possible prosecution. Also testifying that it is legal to kill an albino deer under certain circumstances.
My position
• The DNR Incident Report concluded the deer was a piebald deer. Examined hands on by two biologists and verified by a biologist at the Gaylord Operations Office.
•The MDNR Necropsy Record clearly stated “The deer’s eyes were pigmented- which by definition eliminates this as being an albino deer.”
•The Cheboygan County Prosecutor Office has no record of any case being reviewed by their office regarding this piebald deer.
•Through a Freedom of Information request, I received the daily activity reports of both “Sergeant” and “CO”, none of these officers were even at the Cheboygan County Building in the time frame of the investigation.
•The MDNR Wildlife Conservation Act Order clearly states “It is unlawful for a person to take or possess, at anytime, an albino deer.”
MDNR Officers Obstructed Justice
Due to the direct false testimony of these DNR Officers a Civil Lawsuit filed by myself in Cheboygan County was dismissed on 12-01-06. Honorable Judge, Scott. L. Pavlich in the Cheboygan County Court based his ruling on the testimony of these DNR Officers.
This action has caused me and my family severe hardship! Due to the actions of some corrupt officers I have lost my business, spent thousands of dollars in expenses, maxed out all our credit, sold everything of value including my deer rifle and many, many sleepless nights.
I have gone though the proper channels, I have tried to resolve all the items listed above to no prevail….
Attempted Resolution of Issues
•8-23-07 - Contacted the Officers directly
•8-23-07 - Contacted the Officers Supervisors – Chief Alan Marble / Captain Kurt Bacon
•8-23-07 Received meeting request form - Attorney Generals Office / Denise
•8-23-07 Talked with Barbara Schmidt –Attorney Generals Office
•8-28-07 Sent Retraction Letters to the Officers certified mail
•8-31-07 Received call from - Attorney Generals Office / Barbara Schmidt
•9-18-07 Contacted the Attorney Generals Office / Barbara Schmidt
•9-20-07 Contacted my State Representative Gary McDowell Office / Dan
•10-16-07 Met with Acting Chief of Law Enforcement / Rodney Stokes
•2-5-08 Mailed meeting request to DNR Director Rebecca Humphries Office / certified mail
•2-5-08 mailed meeting request to Attorney General Office / certified mail
•2-20-08 Contacted my State Representative Gary McDowell / Jennifer
•2-21-08 Contacted the U.S. Attorney’s Office
•2-22-08 Contact Governor Granholm’s Office
•2-28-08 Contacted the U.S. Attorneys Office
•2-28-08 Received Correspondence from Governor Granholm’s Office
•2-28-08 Contacted DNR Director Rebecca Humphries Office
•2-28-08 Contacted NRC Board member/ J.R. Richardson
•2-29-08 Contacted my State Representative Gary McDowell / Dan
•2-29-08 Contacted by DNR Director Rebecca Humphries Office / Mary Dunstan
•3-06-08 spoke at NRC meeting in Lansing
Does the MDNR Condone misconduct by its Officers sworn to uphold the law? How does an average citizen settle questionable unlawful actions by an officer sworn to uphold the law. Well, at this time, I am sad to report, I do not have an answer yet!
If the tables were turned and any citizen was accused of half the stuff these officers have been accused of, immediate attention would be given. A private citizen should not have to obtain an attorney and file a lawsuit to have their basic rights exercised.
If by some chance, someone reads this and can help resolve these issues or maybe you yourself have experienced a horrific experience by the MDNR e-mail me at mdnrgonewild@yahoo.com -
Attorneys are welcome!
