Timothy Swarthout, 51, of Graham, was found guilty following a jury trial for spotlighting and unlawful hunting of big game. Officers from the Department of Fish and Wildlife set up a decoy elk. Swarthout shined his vehicle's headlights on the decoy, got out with a hunting rifle and shot the decoy well before "safe light," a term used to describe the legal time when it is lawful and safe to hunt. Swarthout's conduct was captured by a television crew riding along with the Department of Fish and Wildlife for a series called "Rugged Justice" (Episode 105).
Swarthout was cited by the officers and released upon his promise to later appear in court. Swarthout made several procedural motions and the case took more than a year to reach trial. A jury of six women heard the case and returned guilty verdicts -- it took the jury approximately 20 minutes to reach their verdict.
"Deputy Prosecutors Haylee Mills and Don Richter did an exceptional job trying this case and, from my perspective, overcame significant difficulties trying to retrieve the raw television footage from the Canadian television production company," Pacific County Prosecutor Mark McClain told the Herald.
Richter assisted as he was initially the lead prosecutor on the matter before being moved to Superior Court.
"I wanted to thank the Pacific County Prosecutor's Office for the investment made in the Swarthout trial and appreciate the fortitude Don and Haylee had to see the case through," said Department of Fish and Wildlife Captain Dan Chadwick.
"From a statewide perspective, focus on resource crimes is met with mixed efforts, but Prosecutor McClain's leadership and dedication in protecting our natural resources makes what we do in the field meaningful," added Deputy Chief Michael Cenci.
"While we ordinarily resolve hunting and fishing matters with a pre-trial diversion program we created to avoid criminal convictions for otherwise law-abiding citizens who make a minor, or first-time, mistake, that was not possible with how Mr. Swarthout approached this matter," added McClain.
Following trial, Judge Douglas Goelz sentenced Swarthout to 2 years of probation, three days in jail, and a $500 fine on each count. The conviction will also result in a 2-year suspension of Swarthout's hunting privileges.
Note: This case was tried, and the verdict and sentence rendered on Thursday, December 31, 2015. The original charge was November 8, 2014.