Juneau guide sentenced twice for numerous wildlife violations
Alex DeMarban |
Feb 03, 2012
An Alaska sportfishing guide who illegally baited bears behind his home in Juneau and killed black-billed magpies to sell their feathers on eBay -- for crafts or maybe fishing flies -- was hit with a one-two punch on Wednesday when he was sentenced in both federal and state courts. Michael Patrick Duby, 37, was sentenced in Juneau federal court that day for selling the bird parts, a felony violation of the Migratory Bird Treaty Act that netted him five years of probation, five years of lost hunting and fishing privileges, a $2,500 fine and 250 hours of community service, the U.S. Attorney for Alaska announced in a press release. Then, just an hour later in state court, Duby received nine months in prison and was ordered to pay thousands of dollars after pleading guilty to several charges, including illegally baiting bears, falsifying his Alaska Permanent Fund Dividend application and guiding violations related to his Juneau charter business, FishHunter Charters, according to a report on Juneau public radio station KTOO. Duby often had help with bear-baiting -- one friend allegedly roasted marshmallows and then used them to lure the bears -- and some of it ran in the family, according to Juneau Empire articles about poaching charges brought against Duby and several others. The state and federal penalties totaled $44,000 and nine months in prison, according to KTOO. Also, Duby can't ever apply for a Permanent Fund Dividend, and he "forfeits the $30,000 bond for his boat the ‘Huntress,’ essentially losing the boat," KTOO reported. U.S. District Court Judge Timothy M. Burgess handed down the federal sentence. The magpie killing and selling took place for a number of years leading up to June 2009, despite a warning from eBay that selling migratory birds possibly violated federal law, according to the U.S. attorney's office. Factoring into the federal sentence were Duby's past wildlife violations, including in Alaska and sentences in state and federal court in Montana, the attorney's office noted. In state court in 2003, Duby was found guilty of four misdemeanor violations, including taking a brown bear in a closed area and unsworn falsification, a felony, state records show. On the plus side, Duby was remorseful during his second sentencing of the day, saying he hoped to turn his life around and become a good citizen who doesn't break laws, according to KTOO. “I’m willing to pay for these things that I’ve pled to,” he said. Learn more, at KTOO.
by Oldhaines | February 4, 2012 - 2:45am
Yes I suppose it is "Justice".... In the last two years the Juneau courts have dispensed some rather odd examples of "justice". A notorious Juneau drug dealer who was widely known to have been dealing Oxycontin, Cocaine and Heroin to Juneau School District students for years was finally caught... He entered into a "Plea deal" and served a few months in a rehab program and then left town. A former Juneau Police officer who is accused of raping his daughter on many occasions and was charged with several counts of sexual abuse of a minor got to plea to a charge of "interfering" with a investigation... time to serve would have been less than a year. and no, the victim was not asked. She went to the Juneau Empire and told her story... times are tough for the DA right now... Cocaine Dealer caught with 3/4 of a pound of cocaine... Sentenced to NO Jail time... Not one day. (odd, ain't it?) Serial Sex offender with a long list of prior convictions... gets to plea to dismiss 38 of 40 counts of sexual abuse of a minor. (go figure!) Some poor schmuck who managed to enrage all the greenie's in Juneau..., He shot the now famous Black Wolf named Romeo. He is still in and out of court and has probably already served more time than the daughter raping cop ever will. Then there is this case... I guess the guy deserves what he gets, but it just seems like we have more important things to be investing massive amounts of law enforcement resources in.
by tomclark | February 4, 2012 - 10:36am
You might try going on some ride-alongs with the Police. -TomClark
by alaskapi | February 4, 2012 - 7:34am
This guy definitely deserves what he got.
by Oldhaines | February 4, 2012 - 2:38pm
You are missing the point. What i was trying to highlight was the public's willingness to ignore crimes that have a profound impact against our communities and yet scream for a lynching over something like this.... Also, It's really not apples and oranges, is it?. The agencies in this investigation AST, USFWS do investigate crimes against persons but were not available because they had lots of resources tied up in this for a number of years. As you are probably aware, the judges that this guy appeared before have no obligation to accept any sort of plea and yet, they do. More than three quarters of the criminal cases they see are cured by plea.
by tomclark | February 4, 2012 - 7:31pm
OldHaines,
by Oldhaines | February 4, 2012 - 10:35pm
ever heard of a guy called Avrum Gross? He was attorney general of the state for a while... instituted a complete ban on plea bargaining (both sentence and charge) studies showed that it worked as he hoped... the police had to learn how to do proper investigative work the district attorney had to learn how to properly take cases to trial and the judges were forced to sentence the convicted. It was good for everyone. Credibility abounded. Detractors had loudly proclaimed that there was no way the courts could handle the massive influx of case work caused by all of those cases that would now be going to trial but history shows us that the courts had little trouble. Now, years later, pure unadulterated laziness has brought us back to where we were.. plea bargain heaven.
by tomclark | February 5, 2012 - 6:52am
OldHaines, I really had no idea. -TomClark
by Oldhaines | February 5, 2012 - 3:00pm
Yes Tommy, We all know you have no idea. It's been years since you last did.
by tomclark | February 5, 2012 - 5:34pm
OldHaines, -TomClark
by Oldhaines | February 5, 2012 - 7:58pm
Have you ever wondered why most recidivists do what they do? It's because after that first experience with the court system they have learned that even if caught the price they have to pay is mild compared to the potential gain they are expecting. I expect you are correct that many first time offenders are acting from impulse or foolishly think that they will not be caught. A high percentage of them re-offend after they have been caught and punished the first time.
by tomclark | February 7, 2012 - 8:47pm
OldHaines, -TomClark
by daj | February 3, 2012 - 7:49pm
Impressive! Good to see justice and precedence upheld! |













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