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Court orders Wisconsin man to turn over deer head

By ASSOCIATED PRESS   Wednesday, July 1, 2009 - 1:15 p.m.
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By TODD RICHMOND

Associated Press Writer

MADISON, Wis. (AP) — A Racine man must give a deer head he took from a roadside carcass to wildlife officials, a state appeals court ruled Wednesday.

According to the ruling from the 2nd District Court of Appeals, John Longo found a dead deer on the side of the road near his home in February 2008. He loaded it into his truck, took it home and ate it.

He had the deer’s head mounted and hung it in his home, court documents show.

Longo, now 69, didn’t immediately return a message left at a residential listing for him Wednesday.

The state Department of Natural Resources gave Longo a ticket in June 2008 for removing a deer carcass from the road without a permit and fined him $208, according to online court records.

Racine County Circuit Judge Allan B. Torhorst found him guilty in a bench trial, online court records showed.

Torhorst fined him $1 and ordered the DNR to give him a permit if the agency didn’t retrieve the head by Halloween 2008, the appeals court ruling said.

The DNR argued Torhorst’s order was improper. The DNR’s chief attorney, Mike Lutz, said the agency felt the deer belonged to the state and judge couldn’t order the agency to issue a permit.

Longo never responded to the DNR’s appeal, the ruling said. The appeals court found he had abandoned the case, and it decided to reverse Torhorst’s decision.

The appeals court sent the case back to the circuit court with orders that Longo return the head to the DNR immediately.




reader COMMENTS (41)
whoanellie
Jul 3, 2009 at 10:37 a.m.
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they should be thanking this man for saving us state money but instead, they up the price and waste more money taking this guy to court for doing their job!! Talk about stupid!

chemical_6
Jul 2, 2009 at 10:10 a.m.
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This is one of the most stupid things I have ever read... I can't believe how some people waste their time. Who gives a crap about this deer head? I mean seriously... just leave the guy alone and let him have his dead animal head. At least he took care of the mess on the road... we all know that the state doesnt...

IndysGirl
Jul 2, 2009 at 9:54 a.m.
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(Dueling banjos play) "I reckon there ain't nuthun' wrong with a little roadkill in my belly and on my wall!"

AndrewJackson
Jul 2, 2009 at 9:41 a.m.
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Rooster, to add, powerful entities do STUPID things to innocent people because there are absolutely no repercussions for the people doing the deed.

BayMom
Jul 2, 2009 at 9:31 a.m.
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Hmmm . . . stopping pursuing ridiculous cases like this might be a good place to start in trimming our full-of-fat state budget. The DNR should be ashamed of all that they've spent just to try to get a deer head to mount on some government official's wall.

chumby66
Jul 2, 2009 at 9:24 a.m.
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Opps forgot to add I hope and pray when he returns the head to the Damned Near Russians he first takes a 16 lb maul to it so it is nothing more than a pile of fur and bone chips so the Damned Near Russians can eat it in their Oat Meal

chumby66
Jul 2, 2009 at 9:19 a.m.
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DNR = Damned Near Russian I only wish the public would NOT get deer licenses or turkey permits and fishing licenses for one year. We would have our freedom back and idiots like the "DNR Damned Near Russians) would be either out of a job or would be bowing to the hunters and fisherman being glad just to have a job.. Yeah I hope you heard that Mr. Warden.

spark
Jul 2, 2009 at 7:51 a.m.
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DiGriz-That was hilarious!

DiGriz
Jul 2, 2009 at 6:13 a.m.
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"Really? Our DNR and court system has nothing better to do than prosecute someone for stealing road kill?"
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No....don't forget they just banned Phasers, blaster, plasma, and gauss-rifles for hunting. THAT was an important piece of legislation, especially considering the high instance of phaser fire that crosses roadways and can slice through a car like a hot knife in butter.....

DiGriz
Jul 2, 2009 at 6:10 a.m.
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"Whens the last time that clown even stepped in the woods?"
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Good point. Let's hope that if Doyle ever does step into the woods, it's with Dick Cheney.

displacedworker
Jul 2, 2009 at 12:35 a.m.
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I think(read opinion i.e. not necessarily the truth) that the DNR knows this guy poached the deer and said that he "found" it dead on the road. They just dont have enough proof. However, even if that is the case, the dnr should just let it go and chalk it up as "one that got away".

sannio
Jul 1, 2009 at 11:05 p.m.
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"What are we having for dinner Mother?"
"DEER HEAD!"
"Yumm...."

tinkerb45
Jul 1, 2009 at 9:48 p.m.
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Really? Our DNR and court system has nothing better to do than prosecute someone for stealing road kill?

Packerfan1
Jul 1, 2009 at 9:23 p.m.
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Our DNR is out of control, the money that was spent on this is just a waste! very DISCUSTED Patron.
I am no longer going to buy a patrons licence to help fund this joke we call the DNR.

twerp13
Jul 1, 2009 at 9:08 p.m.
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More than likely the head will be put on the DNR's wall of shame. We learned about it last year when my daughter took hunters ed. It is a display the DNR takes around to show off how they confiscated illegally harvested animals. There were quite a few trophy deer, bear, wolf, and other animals. He is probably lucky that they didn't ask to confiscated his firearms (if he owns any)and deny his hunting privileges. They told us they can and will do that if convicted of poaching.
*
I understand the guy in the story was not a poacher, that it was roadkill, but I could see the state asking for similar penalties, luckily it was just the confiscation of the mount.

EMMO46
Jul 1, 2009 at 7:18 p.m.
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If he just had ate it and shut up he would have probably had no problem. But, he had it mounted and hung it in his house, and probably bragged about it. Bad move. Somebody reported him.

dub190
Jul 1, 2009 at 7:11 p.m.
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Good comments people, I agree it was a waste of state time and money in going after this guy. He took a frozen deer and used it for something instead of letting it go to waste.

rooster
Jul 1, 2009 at 6:26 p.m.
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powerful entities do things to inocent people just because they can, even though clear thinking citizens realize that the guy ment no malice to anyone and decided not to leave the carcas to the flys. good for him, bad dnr.

eatlessmovemore
Jul 1, 2009 at 6:09 p.m.
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I don't always agree with the DNR - but if this guy would have followed our laws (he just needed to make a call) it wouldn't have created the problem that it has.

lynda
Jul 1, 2009 at 5:18 p.m.
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Thanks Hannah for the laugh.

Badgerlvr
Jul 1, 2009 at 4:59 p.m.
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Is the deer head going to hang in the office of the honcho of the DNR? If it is, will it be next to the raccoon or between the skunks?

bobb1951
Jul 1, 2009 at 4:57 p.m.
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Out tax dollars at work? Who benefits from this "display of justice"?

perksffl
Jul 1, 2009 at 4:19 p.m.
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Just to let you the county has nothing to do with picking the deer carcasses up. The state hires a guy to do that and all the county does is call them in.

hannah
Jul 1, 2009 at 3:54 p.m.
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so stupid I think. The county wont clean up the road kill ASAP so somebody should!!!

spark- that is what I was thinking.

how about pull your heads out of your carcasses! haha

etownguy
Jul 1, 2009 at 3:52 p.m.
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Last fall it took a Rock County Sheriff two hours to respond at ten at night to tag a deer I found. No wonder he took it home.

What I found was a nice eight point buck in a CWD zone, but I didn't have to turn it's head in for testing.

DNR is NUTS!!!!

sprout
Jul 1, 2009 at 3:32 p.m.
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What a bunch of morons at DNR.

chainsawchuckie
Jul 1, 2009 at 3:17 p.m.
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What god givith.......the DNR taketh away.......

come on spelling police come and get me for I know I have spelled wrong.......LOL

spark
Jul 1, 2009 at 3:17 p.m.
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Ya, but you can run deer over with snowmobiles and get off the hook with a slap on the wrist because it was considered hunting season. WI DNR and our judicial system is the laughing stock for all other States. Pull your heads out of your asses.

StaceyU2
Jul 1, 2009 at 2:55 p.m.
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DUMB ASS DNR... NOT ONLY DOES IT SHOW WHAT IDIOTS WE HAVE IN THE JUDICIAL SYSTEM BUT WHAT IDIOTS WE HAVE IN THE STATE GOV'T.
This guy retrieved the DEAD animal off the side of the road, ATE it, and these FRICKEN Morons want him to pay for it ..AFTER he was already tired in court, and was fined by a JUDGE, they still want him to pay .. Then they wonder why they are hated by most everyone in the hunting and fishing world... Keep it up... This is our fine state of Natural Resources

woodsman
Jul 1, 2009 at 2:53 p.m.
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Remember years ago when the guy caught the muskie,i mean the muskie caught him! Had to take the guy & his fish attached to his leg to the E-ROOM,then the DNR didn't want to let him keep it,because it was "NOT" line caught,but had bite into his leg,so it was illegally caught. Another waist of tax money their. But in the end the guy got his fish,but can you imagine the price after it all was said & done!!

prevention
Jul 1, 2009 at 2:40 p.m.
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Thank you for saving us money in removing the deer carcass from the side of the road.

SHAME ON YOU STATE OF WISCONSIN FOR WASTING YOUR TIME TO "PROSECUTE" SOMEONE FOR DOING YOUR JOB!

MovedOutFromUnderTheRock
Jul 1, 2009 at 2:14 p.m.
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WOW!!! Waste of time and money. And I can hear the other states laughing their ass off at the idiots in Wisconsin, for wasting money on something so dang stupid. Getting a better picture everyday on why our country is going broke.

SkyBlue62
Jul 1, 2009 at 2:04 p.m.
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I hear all the time on the scanner radio here in Rock County DNR being requested to give a motorist or passerby a tag for a road kill deer. So its like its not a thing that is seldom done in Wisconsin.

DNR to check for CWD would need the brain of the deer, not just the empty skull that already had been bleached and preserved by a taxidermist to mount on a wall.

This is a waste of state taxpayer money, it was a road kill animal, the police there would or should have just requested the DNR to give the guy a permit and been done with the whole waste of resources to the taxpayers pockets.

You would be surprised at how long a deer or beef carcus can be "left out" many meats are left out to age. and it doesn't make people sick. We didn't always have electric iceboxes to chill foods.

JozeMozes
Jul 1, 2009 at 1:51 p.m.
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Read carefully.
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Racine County Circuit Judge Allan B. Torhorst found him guilty in a bench trial, online court records showed.
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Torhorst fined him $1 and ordered the DNR to give him a permit if the agency didn’t retrieve the head by Halloween 2008, the appeals court ruling said.
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The DNR decided to ignore (appeal) a county judges decision. If I am 69 and eating deer off the side of the road I could probably give two craps over more legal wrangling that should have been over already.
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Even if he did poach it the burden of proof is on the State and they clearly proved nothing to convince the judge of anything more serious that a $1 dollar fine. That there is alot of eating for a buck :O)
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Regardless of how you attempt to spin it. A WASTE OF MONEY! Much like Deer herd estimations and the horrible effects of CWD and how it applies to management.

spark
Jul 1, 2009 at 1:51 p.m.
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EMMO46 - Exactly. Lot's of poachers. The DNR should be spending their time catching real violators rather than worrying about some roadkill. As far as our state officials, one can only pray to God that Doyle is sent down the river. Whens the last time that clown even stepped in the woods?

chelleandlou
Jul 1, 2009 at 1:50 p.m.
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What a waste of taxpayer money.

Bellagio_Bound
Jul 1, 2009 at 1:39 p.m.
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Joze, I agree. This is a rediculous case.

rickwantsmoney
Jul 1, 2009 at 1:38 p.m.
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Personally, this grosses me out. He must have seen who killed it (if it wasn't HIM)..otherwise do you stop at every dead deer carcass to see if it's "fresh" before you take it home and EAT IT? How long can a deer lay there before it's "unedible"?

Perhaps the DNR wants to check it for Chronic Wasting Disease... they must have a purpose to pursue this, and not to waste taxpayers' money. I think the whole story isn't told here.

EMMO46
Jul 1, 2009 at 1:36 p.m.
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The DNR does not make the laws, it only enforces them. It's only a quick phone call to get a permit, and that's the law. Lots of game violators "poach" deer and claim car kill.
If you don't like the laws, elect someone else to state offices.

Localcelebrity
Jul 1, 2009 at 1:35 p.m.
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I think this guy should have gotten paid for removing the carcass....seeing how the state and local workers sure are leaving them everywhere. I've never seen so many deer and other carcasses laying all over the roads as there are this year. Give the guy a break!

JozeMozes
Jul 1, 2009 at 1:30 p.m.
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This is exactly what is wrong with this state! How much has this cost the taxpayer? It should be billed directly to these officials that deemed it necessary to litigate over a deers head that the 69 year old gentleman did not poach or hit.
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He finds it dead, consumes it and mounts his "trophy" on the wall. Who the frack cares!
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1 - He saved taxpayers money by removing the carcass.

2 - He gave a taxidermist business and saved us money as the state undoubtedly feels this trophy belongs in a DNR office and probably would have found a way for taxpayers to foot the bill.
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Does anyone else find that the Wisconsin Department of Natural Resources is a wasteful, misguided, micro managed by politics and downright deceitful entity?
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Give the man the permit for eating roadkill already Madison DNR. You do not represent my state it seems. IDIOTS!

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