Waterloo Trespassers

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Waterloo Men Charged with Trespass and Other Violations While Deer Hunting

FAYETTE - Two Waterloo men have been charged with trespassing and other violations while deer hunting in Fayette County following a complaint reported by a local farmer.

Kenneth Dean VanDeest, 40, and Timothy Albert Aitchison, 31, both of Waterloo, were charged following a lengthy investigation of a Dec. 18th, 2008 incident by Iowa DNR Conservation Officer Dave Elledge.

The local farmer reported that VanDeest had allegedly shot a deer in the right-of-way of a county road, crippling the animal which then ran to the farmer's field. VanDeest and Aitchison then allegedly entered onto the farmer's property without permission where Aitchison allegedly killed the crippled deer with a handgun.

The two were confronted by the farmer, who took down the license plate number of the individuals involved, and reported it to Elledge.

After a lengthy investigation that included identifying the individuals, the DNR has filed charges against the two Waterloo men.

VanDeest is charged with Discharging a Shotgun/Shooting a Slug Over a Public Highway Right of Way, and Trespassing while Deer Hunting. Aitchison is charged with Trespassing While Deer Hunting. The charges are all simple misdemeanors. Maximum punishment for the charges are $625 dollars plus a $200 surcharge or 30 days in a county jail or a combination of a fine and jail time. In addition, liquidated damages for illegally- taken antlerless deer are $1500 dollars per deer.

The two men are currently scheduled to appear in Magistrate Court in Oelwein at City Hall, on March 10, 2009, at 9:00AM.

"Hunters need to remember that shooting a shotgun with a slug or any gun with a rifled projectile in the entire right of way of a highway, (county gravel roads and ditches are also highways, under the law) from property line to property line is illegal north of highway 30 in Iowa, and hunters also need to remember one of the basic ethical and legal principles of hunting: ask the farmer first," said Elledge.

All persons are presumed innocent until having been convicted in a court of law.

PM
Ron Wyllie
Southwest Iowa IBA Area Representative
rwyllie@iowawhitetail.com

 

[antlerfreak]

so shooting across a road way south of Hwy30 is legal?

 

[Fishbonker]

I belive the key term here is right of way which is fence line to fence line and not to be confused with roadway which I think is the road itself. I belive it is illegal to shot over a roadway where ever you are, but I'm not familiar with the north of hwy 30 part. It is time to do some research, but I think it has to do with road or ditch hunting for pheasants and quail.

The 'Bonker

 

[iowabruce]

Those guys should get charged, but we all know that it happens more than any of us would like, and most people would just look the other way. Good for the landowner!

 

[TimberPig]

It is always illegal to shoot OVER or FROM the travel portion of a road with a solid projectile (slug, rifle, pistol). South of Hwy 30 you can shoot from the ditch INTO a field. North of Hwy 30 you must be on the field side of the fence, never quite understood the reason for the disparity though.
If anyone can clarify, please do.

Props to the landowner in this case.