December 2011 On

“Conservation for Future Generations”
December 2011
On Patrol December 2011
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While patrolling Cameron State Forest during the late muzzleloader season, ECO Dave Hulett came
across a group of coyote hunters who reported that one of their dogs had just been shot with buckshot.
While two of the hunters took to the woods to see if they could locate any evidence in the area where
they had heard the shot, ECO Hulett began a search of other parking areas and roadways around the
state forest and to check a hunting camp that adjoins the state land in the area where the dog was believed to have been shot.
Upon arriving at the deer camp, Officer Hulett questioned the lone occupant regarding his hunting activities earlier in the day. The camp owner had not been hunting that day and was closing up
camp. He had a muzzleloading firearm only, so was not considered a suspect. The
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camp owner did mention speaking to a hunter who mentioned hearing shots in the
E d i t i o n
area of the dog shooting and told the officer where he could find the man. ECO
Baiting Deer in
Hulett knew this man and, in fact, had seen him drive by earlier. He soon found this
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Clinton County
individual in the woods adjoining the road on his own property. The man was investigating a shot he had heard earlier and showed the officer that a deer had been shot
Ketchup Caper
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in St. Lawrence County
on his property and dragged off. It was obvious to both men that the deer had been
shot from the road. While sorting out the evidence for this case, a number of ATVs
Salmon River Detail
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in Oswego County
were seen traveling up the road. ECO Hulett followed the group and confronted
them as they stopped on another plot of state land. ECO Hulett, having nothing to
Illegal Tire Disposal
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In Chautauqua County
lose, asked, “Who shot the deer earlier today?” One of the group spoke up, “I did”.
Officer Hulett told the shooter he wanted him to accompany him back to their camp
Arrest Warrant Executed
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in Livingston County
to inspect the deer and tags. While driving to the camp, Dave drove by the location
where the deer had been shot from the road, stopped and showed the hunter the eviPhantom Oil Delivery
7 dence of the illegal taking. The man lowered his head and said, “I ain't gonna lie to
in Westchester County
ya, I did it”. He then went on to explain how he had seen the deer while going up
Deer Jacker Arrested
8 the road on his ATV, and shot from the ATV while it was still on the roadway. The
In Schuyler County
hunter, Barry W. Bivens, age 59, from Oswego was charged with trespassing, posHRSI Investigation
9 sessing a loaded firearm on a motor vehicle, discharging a firearm from a public
In Chenango County
highway and the unlawful killing of the antlerless deer. Bivens will appear in the
Late Violator
10 Town of Cameron Court on January 2. The deer was seized at the camp and donated
In Oneida County
to the Venison Donation Coalition. The dog shooting investigation is continuing.
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As a result of aerial surveillance conducted by ECO Les Taylor, a search warrant was obtained
for the Robert Tender, Sr., property on the Guide Board Road, Town of Black Brook. Even
though no one was in the stand, two large carrot piles and a salt lick were discovered with an
adjacent tree stand. During Mr. Tender’s interview he admitted to placing the carrots and salt
lick and stated “I knew the eye in the sky would catch up with me someday.” Robert L. Tender, Sr., 66, of Black Brook, was charged with the illegal feeding of white tailed deer and placing salt lick for non-agriculture means.
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B u c k s — B o t h I l l e g a l
i n L e w i s C o u n t y
On December 13 James F. Hancock, 34, of Denmark, was charged with numerous violations of
the Environmental Conservation Law. The charges stem from an investigation conducted by
ECO Fay Fuerch and Lt. Todd Richards into the posting of two bucks on the popular website
Newzjunky.com, in the Deer of the Day section.
During the course of the investigation, Mr. Hancock admitted to shooting both bucks during the
regular season. Additionally, the first buck, an 8-point, was taken before the defendant had purchased his hunting license. A couple of weeks later, Mr. Hancock shot an 11-point buck and used
his brother’s regular season tag in an attempt to pass the buck off as if it was taken legally.
Mr. Hancock was issued a total of six tickets. The tickets were issued for the following charges:
two counts of misdemeanor illegal taking of wild white-tailed deer, one misdemeanor count of
taking big game in excess of bag limits, one violation of hunting big game without a license, one
violation of possessing tags of another and one violation of failure to comply with a lawful order.
His brother, Dustin R. Hancock, 27, of Denmark, was also charged with the violation of lending
carcass tags to another person, in connection with the taking of the second buck. Both sets of antlers and all of the meat were seized as evidence and both defendants are scheduled to appear in
the Town of Denmark court at a later date.
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K e t c h u p C a p e r
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On December 11th, ECOs Scott Atwood and Joe Munn were on proactive deer hunting patrol in the
Town of Pitcairn when they decided to check the two camps located just off of Toothacher State
Forest. As they approached the first camp, they observed a deer on the ground behind a pickup
truck. ECO Munn inspected the deer as ECO Atwood went to the camp. The deer was a small doe
deer that was still very warm. The deer was gut shot with a massive exit wound on its left side.
About six feet away from the deer lay the gut pile. The tag was properly filled out by Phil Desormeau. ECO Munn also observed the tailgate of the truck was covered in blood and stomach contents. ECO Atwood brought Mr. Phil Desormeau out of the camp to interview him about the deer.
After questioning Mr. Desormeau as to where he shot the deer, he replied it was out of his stand on
the ridge. When questioned as to why there were no drag marks coming back to the camp, he replied, "I carried the deer out.” Mr. Desormeau did not have any blood or stomach contents on him
at that time. Believing that the deer had been shot from the road and with no other evidence, the officers left the camp to patrol the area for fresh drag marks located near the road.
After about twenty minutes of patrolling, they located what appeared to be a blood trail leading back
onto posted property. After inspecting the blood trail, ECO Munn observed the same boot prints that
he had observed in the snow back at the camp. The officers started to gather up evidence when they
realized that it was not a blood trail but a ketchup trail instead. The suspects had tried to throw the
ECOs off by creating the fake blood trail onto the posted property. Atwood and Munn patrolled
back to the camp to speak to Mr. Demormeau, who was already gone when they arrived. At this
point the officers gathered tissue and hair samples because of the potential of an illegal deer. While
collecting the evidence, the ECOs were called to another complaint. ECO Atwood entered the address for the new complaint into his GPS. The GPS unit took the ECOs down a dirt road which they
normally would not have taken. Shortly into their drive down the road, the Officers noticed something in the middle of the road. When they got out of their vehicle, they noticed it was a stomach to
a deer and that there was drag marks and a blood trail out of the woods to the road. As the ECOs
investigated the scene, they quickly noticed the same boot prints as the previous two locations and
that the deer had been shot about 15 yards onto posted property. The ECOs quickly gathered evidence and photos of the scene and continued on to their new complaint.
Knowing that Mr. Desormeau lived in Jefferson County, ECO Atwood contacted ECO Mark
Malone for assistance. On December 12 ECO Malone was able to locate Mr. Desormeau for an interview. Mr. Desormeau confessed everything when ECO Malone presented the evidence against
him. On December 14th, ECOs Atwood and Munn charged Mr. Desormeau with trespass on
posted property, killing deer except as permitted by the fish and wildlife law, and discharging a firearm from a public highway. Mr. Desormeau is due in the Town Justice Court of Pitcairn on January
5, 2012.
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2 0 1 1 S a l m o n R i v e r D e t a i l
i n O s w e g o C o u n t y
The Region 7 Salmon River Enforcement Detail report is completed and referenced below.
This year the detail commenced on Saturday, September 10 and concluded on October 21.
Zone 1 supervisor (Oswego County) Lt. Reitmeier was the supervisor in charge of the detail.
The detail was staffed only by Region 7 officers, with ECOs from Oswego County (Zone 1)
having primary responsibility and ECOs from other R7 zones assisting with patrol coverage.
As has been the history of the Salmon River Detail, officers worked in both plain clothes and in
Class C uniform. The types of complaints received from the angling public centered on other
anglers’ conduct, which in most cases was snatching or attempting to take fish by snatching,
illegal tackle use or taking over the limit of fish. There has been a noticeable change in angling
ethics as sport fishermen are more likely to report illegal activity.
The total number of tickets issued during the 2011 Salmon River Detail was 561. The most
common violations during the season remained consistent with previous years. Also tracked
were verbal warnings given to anglers for violations that, due to a variety of circumstances, did
not justify the issuance of a criminal ticket. Throughout the course of the Salmon and Oswego
River details, ECOs issued 249 warnings for angling violations which is consistent with the
previous year. The most warnings, 121, were issued to fishermen attempting to take fish by
snatching followed by 70 warnings for excessive leader length.
F a t a l H R S I I n v e s t i g a t i o n
I n L e w i s C o u n t y
On October 23rd, Region 6 ECOs and Investigators, in cooperation with Lewis County Sheriff’s Department, investigated a fatal hunting related shooting incident in which one individual
was killed. The shooter was charged by the Lewis County Sheriff’s Department with second
degree manslaughter and remanded to Lewis County Jail on $15,000 cash bail or $30,000 bond.
Pending Environmental Conservation Law violations against the shooter include: hunting deer
with rim fire ammunition; hunting big game during closed hours (after sunset); hunting big
game without a valid license.
Two other members of the hunting party have each been charged with hunting big game after
sunset and hunting big game without a valid license. Their charges are answerable in Town of
Denmark Court in January.
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I l l e g a l T i r e D i s p o s a l
i n C h a u t a u q u a C o u n t y
During November and December, ECOs Kevin Budniewski and Jerry Kinney began working on
a tire dumping complaint occurring in five towns at seven different locations in Chautauqua
County. Joshua Link was initially caught by the Town of Ellicott police dumping tires in two
locations and the Town of Ellicott police asked for ECO Budniewski’s assistance. Around this
time, ECO Kinney observed a truck loaded with tires driving through the Town of Stockton. The
vehicle was stopped and the driver identified himself as Josuha Link. ECO Kinney recorded the
driver’s information to follow up. Four days later ECO Kinney learned the tires were dumped on
Joshua Link’s grandfather’s property, and burned on an adjoining property. He also learned that
Link had dumped tires previously on Chautauqua Road in the Town of Pomfret.
The officers’ investigation revealed that more tires were dumped in the Towns of Ellery and
Stockton. The ECOs escorted Joshua Link to the Ellery location where he admitted to dumping
two to three loads totaling 200-300 tires. The officers then proceeded to the Town of Stockton
location where Joshua Link also admitted to dumping three loads of tires at this location. The
total count of tires here exceeded 600.
In total, Joshua Link was given nearly 20 tickets involving illegal dumping, hauling a regulated
waste without a permit and open burning of tires. These tickets are returnable to the Towns of
Ellicott, North Harmony, Ellery, Stockton, and Pomfret Courts.
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C h e m u n g C o u n t y
On December 1st, while patrolling for deer hunters, ECO Toni Dragotta observed Silverline Construction Inc. working with heavy equipment in Wyncoop Creek, a protected stream in the Town
of Chemung. Information gathered by ECO Dragotta determined that the Chemung County
Dept. of Public Works had a permit for the project that was being completed by Silverline Construction. No permit was posted, no notice of commencement had been sent, no erosion control
was in place, and work in the stream was not to occur between October 1st and May 15th. The
stream was muddy due to the activities.
ECO Dragotta directed the company to stop work until calls could be made to determine why the
work was being done during the no work period and with no erosion control measures in place.
It was determined that no permission had been given to work during the no work period and the
project was shut down until Fisheries and Bureau of Habitat could visit the site. After several
calls and meetings, a Consent Order with Schedule A was drafted. On December 23rd, the Chemung Co. DPW and Silverline Construction signed individual Consent Orders for the stream violation on Wyncoop Creek and also signed off and agreed to the conditions in the Schedule A
regulating (along with the original Art. 15 Permit) the completion of the bridge replacement job.
They each paid a $5,000 penalty.
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B u r n i n g o f S o l i d W a s t e
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On December 16th, while on patrol for deer hunting violations, ECO Jeff Dempster and Lt.
Chris Ruckert noticed a plume of dark smoke coming from the area of County Route 61 near
State Route 22 in the Town of Jackson. When they arrived, they found a pile of debris about twenty feet in diameter that was burning. In the fire was an old camping trailer with
the tires attached, treated wood, aerosol cans and other debris. Attending the fire was Alejandro M. Cruz-Rich who said that he was just burning some old wood. He also told the officers
that it was his family's property, that he was a local volunteer fireman and that he had called
Washington County to let them know he was having a controlled burn. The local fire department was dispatched to extinguish the fire. Mr. Cruz-Rich was ticketed for violations of
unlawful disposal of solid waste and burning in an open fire of unpermitted material. The case
is pending in the Town of Jackson Court.
A r r e s t W a r r a n t
I n L i v i n g s t o n
E x e c u t e d
C o u n t y
On December 6th, ECOs Brian Wade and Chris Ward executed an arrest warrant for a subject
named Calvin Curry in the Town of Geneseo. This brought to conclusion the search for Curry
who had run from ECO Wade on October 8th in the town of Granger, Allegany County. Wade
thought he was making a routine traffic stop / hunting check when the vehicle he attempted to
stop, which was operated by Curry, failed to comply when Wade activated his emergency
lights. Curry who was driving revoked ran thru several stop signs and operated recklessly. It
turns out Curry was coming from a local bar where he had been in a fight. His opponent in the
fight suffered a severely broken leg. The vehicle being operated by Curry was able to get away
and a follow up investigation by ECO Wade led to charges being filed in the Town of Granger
against Curry. He was charged with unlawful fleeing of a police officer, obstructing governmental administration and multiple Vehicle and Traffic law violations. He was remanded to the
Allegany County Jail on $5,000 bail.
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S t o l e n T r e e s t a n d L e a d s t o A r r e s t
I n M o n t g o m e r y C o u n t y
On December 10th, ECOs Jason DeAngelis and Marty Skotarczak responded to a complaint of
hunter trespass and a missing tree-stand in the Town of Mohawk in Montgomery County. Upon
arriving at the complainant’s home, they were met by NYS Trooper Andy Neef of the Fultonville
Barracks Troop G who had arrived several minutes prior. A complainant witnessed the trespasser and, after following the suspect, found a .22 caliber rifle lying on the ground. Furthermore, the witness described how the subject was also carrying a shotgun. Based on the complainant’s description, the officers had an idea of where the suspect lived and responded immediately
to the residence. ECO DeAngelis and Trooper Neef went to the front door while ECO Skotarczak walked around the back to investigate some construction debris which was dumped in the
creek bed. ECO Skotarczak found the suspect attempting to hide a shotgun. He quickly engaged
the subject and separated him from the weapon and ordered him out to the front of the property.
The suspect was in fact a felon. He had a record of four felony convictions and seven misdemeanors. Some convictions were for assaults, including assault on a police officer as well as two escape convictions.
ECO DeAngelis interviewed the suspect and obtained a written statement detailing how he had
taken the tree-stand and then sold it to a third party. The statement also detailed the firearms
which he was carrying. The suspect was arrested and charged with two counts of Criminal Possession of a Weapon 3rd degree (class D felony) as well as petit larceny (a misdemeanor) for taking the tree-stand and one count each of hunting small game and big game without a license (both
violations of the ECL). The tree-stand was recovered and is being held temporarily as evidence
by the NYSP who will prosecute the weapons and larceny charges. It will be returned to its rightful owner when the case is closed.
P h a n t o m O i l D e l i v e r y
i n W e s t c h e s t e r C o u n t y
On November 23, 2011, ECO Brian Toth received a call regarding a fuel spill in Mamaroneck and
patrolled to the residential location. Westchester County PD and Westchester County Department of
Health were on scene investigating the spill. After investigation, it was determined that a home heating oil delivery had been made to the house. The driver had overfilled the tank in the basement and
blown the oil level gauge off the tank. There was oil spilled across the floor in the basement, as well
as on the sidewalk in front of the house. At that point, the driver had left without reporting any spill.
A spill clean-up was started and the owner of the heating oil company was called. He arrived and
stated that there had been no delivery to that address. The WCPD Investigator and ECO Toth took
supporting depositions from an occupant of the home and their next door neighbor, who stated that
they had seen the oil company truck making the delivery. Later that week, ECO Toth and the WCPD
Investigator visited the oil company garage and spoke with the owner. ECO Toth issued summonses
for failure to report spill of liquid stored in bulk and disposal of noxious substance in a stream or
sewer. A total of four summonses were issued to the company.
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D e e r J a c k e r A r r e s t e d
I n S c h u y l e r C o u n t y
On December 10th, at around midnight, a resident of the Kellogg Road in the Town of Hector called the 911 dispatcher to report hearing one shot and seeing a dark SUV slowly driving near where the shot had been heard. Responding to the location, Schuyler County Sheriff’s Deputy Zeigler stopped a vehicle matching the description; the vehicle contained a
man, woman and child and no lights or firearms – they were released.
At this time, the deputy received a direct call from the complainant who reported observing
a single man with a buck deer at the roadside near where the shot was fired, the caller had
watched the man drag the deer from a nearby woods. As the deputy approached, the complainant reported that the man abandoned the deer and hid in brush adjacent to the road.
This deputy has a K9 partner and loudly warned the hiding suspect the dog would be released. The individual, Carl McClain, age 27, called out and quickly came to the road.
McClain told a story of seeing a vehicle driving ahead of his stop and shoot the deer, then
leave. He decided to retrieve the animal rather than see it go to waste. Even after an interview session at the Sheriff’s Department the suspect did not change his story. The deer was
seized and McClain was released.
Deputy Zeigler relayed the information to ECO John Lifrieri the next day. John met with
the deputy and the complainant and inspected the location of the incident and the dead deer.
The deputy and ECO next went to McClain’s residence and, although the suspect was not
home, the deputy let ECO Lifrieri know the woman they encountered there was the same
from the SUV he stopped near the scene the night before. McClain showed up and separate
interviews were conducted. Ultimately, McClain broke down and admitted shooting the
deer, stating they had seen a group of deer in the field and he had gotten out of the car and
shot the buck. He stayed behind while the other three took the gun home with instructions
to return and pick up McClain and the deer. McClain provided a voluntary statement detailing the incident.
McClain was taken for immediate arraignment and plead guilty to illegal killing of a wild
deer, possessing a loaded firearm in a motor vehicle, discharging a firearm across a public
highway, discharging a firearm within 500’ of a dwelling and trespass. McClain agreed to a
Civil Compromise for the misdemeanor charges and plead guilty to the violation. In all he
will pay $2,300 in fines, penalties and court surcharges.
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H R S I I n v e s t i g a t i o n
I n C h e n a n g o C o u n t y
On December 4th, ECO Brett Armstrong responded to the Chenango Memorial Hospital in Norwich for a reported Hunting Related Shooting Incident injury sustained by a
16 year old youth reporting a single #4 shotgun pellet wound to the top of his head.
The pellet lodged just under the scalp of the youth and was removed by the attending
physician. The youth had stated that he had been struck by a ricocheting pellet from
his own shotgun as he discharged at a flushing grouse. The youth agreed to recreate the
scene the following day for ECO Armstrong and Lt. Ric Warner.
The following day the youth was transported to the location where he indicated the incident had occurred. ECO Armstrong located a shot cup in the direction that the youth
indicated he had discharged at the grouse and K-9 Nitro located the shot shell casing at
the location he stood. The young man was questioned in depth about the incident as
the facts presented to the officers certainly did not add up. Sticking to his story, the
youngster was adamant that he was alone when the incident occurred. While transporting him back home the youth eventually confessed to having recreated a scene to explain the pellet injury and eventually admitted that his cousin had shot him while they
were grouse hunting at another location.
The following day the youth, accompanied by his cousin, successfully recreated the
incident in the proper location with K-9 Nitro locating the shot cup and additional evidence as the real scene became a plausible explanation for the incident. The investigation was completed by ECO Armstrong with charges pending.
F a i l u r e t o C h e c k T r a p s
I n S t . L a w r e n c e C o u n t y
ECO Bret Canary located a muskrat in a trap owned by a local trapper well know to the
officer. ECO Canary took the muskrat and clipped off one of the middle toes on the right
foot to make for easier identification for a compliance check after 48 hours (the amount of
time required to check a trap after setting). The officer was unable to get back to the location until over a week later. When the ECO returned, the muskrat was still in the trap, and
starting to rot. ECO Canary verified it was the same rat and removed the trap and about 5
other traps in the area belonging to the same subject. He made contact with the trapper
who stated he was on his way there to get the traps that day, once ECO Canary told him
that he had watched the traps for over a week. The trapper admitted that he had not been
there in almost two weeks. He received a ticket for failure to check his traps within 48
hours.
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F u l l o f M o m ’ s D e e r
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While on patrol in the Town of Vernon, ECO Vernon Fonda observed four hunters standing in a driveway around an ATV and a pickup. ECO Fonda began talking to the hunters
and observed a large amount of blood in the driveway. When the hunters, all dressed in
camouflage, showed ECO Fonda the deer, something stood out. The buck and doe both
had a female’s tag on them but none of the hunters were women. The hunter said his
mother had shot them. She then entered the garage (dressed not with any camouflage) and
stated she shot them both that morning with a 30-06. After a short period of interviewing
her and her son, it was determined that the son had shot both the deer that morning. He
had used her tags filled as if she had shot the deer instead of having the one cosigned and
using his own buck tag on the other. Multiple tickets were issued all returnable to the
Town of Vernon Court.
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O n e i d a
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On December 11th, ECO Ric Grisolini was patrolling the Town of Marshall for big game
violations when he heard a gunshot at approximately 5:00 pm. Grisolini, knowing that
sunset was at 4:30 pm, began to head westbound on Green Road where he believed he
heard the shot come from. No sooner did he turn onto Green Road when he looked out
into a field where he noticed an older gentleman on an ATV. As Grisolini stopped the
vehicle, he witnessed the man raise a long gun and fire one round into a small wooded
area. Grisolini immediately exited the vehicle and approached the man and told him to
lower the firearm and exit the ATV. Kent M. Steere of 1750 Brothertown Road, Waterville exited the ATV and handed the Officer a Featherlite 16 gauge and a CVA optima 50.
Cal Muzzleloader that was on the rack of the ATV. Both firearms were loaded. ECO
Steve Lakeman then arrived on scene.
As ECO Grisolini began to collect evidence, ECO Lakeman questioned Steere who informed him that he was shooting into the woods to scare deer from his location to an area
across Brothertown Road where he had a hunter on stand. Deputy Lindfield with the
Oneida County Sheriff’s Department also arrived on scene and checked the firearms and
ATV. After ECO Grisolini collected the dispensed 16 gauge rounds, he did a DECALS
check on Steere and determined he didn’t have the Bow/Muzz privilege.
Steere was ticketed for hunting after hours, two counts of a loaded firearm in a motor vehicle, hunting without a license, unregistered, uninsured ATV, and operating an ATV
without a helmet. All tickets will be heard in the Town of Marshall Court on January
18th.
NYCOA
"Conservation for Future Generations"
N E W
Y O R K
C O N S E R V A T I O N
O F F I C E R S
A S S O C I A T I O N
The New York Conservation Officers Association is a not-for-profit organization that was incorporated in 1986. The
Association is dedicated to promoting the wise use and conservation of our state’s natural resources and to encouraging young people to discover the benefits of participating in the traditions of hunting, fishing, trapping and other outdoor activities.
T h e
E C O
S t o ry
Environmental Conservation Officers are sworn police officers
employed by the New York State Department of Environmental
Conservation to enforce the laws and regulations that protect the
state’s natural resources. Since the first eight “Game Protectors”
were appointed in 1880, our state has been served by a long line
of dedicated men and women wearing the traditional green uniform.
As you can see within the pages of this report, the modern day
ECO as they are called now deal with greatly increased responsibilities that include enforcement of all laws that are valid
within the state, and the protection of the public that they serve.
We are on the Web
at www.nycoa.org
Officers work from their homes and spend many hours patrolling
their areas of responsibility from the mountains of the Adirondacks to the towering high-rises of Manhattan, the far reaches of
Long Island’s Montauk or the shores of Lake Erie.
You can help these dedicated officers in accomplishing their mission by reporting any violations that you observe. Your support is
greatly appreciated.