ND: Shining leads to loss of hunting privileges
Shining leads to loss of hunting privileges
May 30 2009
A St. Michael, N.D., man has been sentenced in state and tribal courts
for shooting a deer while shining with an artificial light last October.
The incident also could lead to the return of a .30-30 rifle reported
stolen more than 20 years ago in Devils Lake.
Jeffrey Whiteshield, 25, was sentenced Wednesday in Benson County (N.D.)
district court for using artificial lights in taking big game. The court
suspended his hunting privileges for three years and ordered him to pay $300
in court costs.
A $500 fine was suspended, and Judge Donovan Foughty placed Whiteshield
on two years unsupervised probation, court records show. The court ruled
that Whiteshield can pay off his court costs by performing community
Whiteshield earlier was sentenced in Spirit Lake Tribal Court and ordered
to pay a $100 fine and $25 in court costs on the same charge. The tribal
court also ordered Fanette Lovejoy, St. Michael, an accomplice, to pay the
same amount in fines and court costs.
Lovejoy was driving the vehicle when the shining incident occurred, court
records show. A third person in the vehicle wasn’t charged.
The charges resulted after Gene Masse, district game warden for the Game
and Fish Department in New Rockford, N.D., observed a vehicle shining deer
south of Oberon, N.D., near the boundary of the Spirit Lake reservation.
Masse was on night patrol when he spotted the vehicle Oct. 25, 2008, in
an area where numerous shining complaints had been reported.
After watching the vehicle shine fields in two separate locations, Masse
stopped the car and saw a large amount of blood on the rear bumper. Opening
the trunk, the warden found a freshly killed fawn “lying in a pool of
blood,” court records show.
Masse then contacted a tribal officer who came to the site. The officer,
Mike Tollefson, had Lovejoy drive the vehicle to the police department in
Fort Totten, N.D., for further questioning. Masse followed the group to Fort
According to court records, Whiteshield told the tribal officer he’d shot
the deer on the reservation, but Masse the next day determined the kill site
was about one-third mile off the reservation, court records show. Masse
collected bloody rocks and debris from the site, and lab tests later
confirmed a DNA match with the deer.
The court in Benson County ordered Whiteshield to pay $450 in restitution
to the North Dakota Game and Fish Department to cover the costs of the DNA
Masse and the tribal officer also checked two rifles, a Savage Model 111
.30-06 and a Marlin .30-30, that were in the vehicle and found the Marlin
was listed as stolen from Devils Lake about 21 years ago. Whiteshield told
the officers he’d borrowed both rifles, court records show.
Whiteshield, who was a passenger in the front seat, used the .30-06 to
shoot the deer. The stolen .30-30 hadn’t been fired.
The Bureau of Indian Affairs seized both weapons.
Using artificial lights to take big game is a Class A misdemeanor in
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