Lakeport >> On Dec. 14 Warren Nyle Fox, a resident of Cobb, was convicted and sentenced for illegally hunting on the Hoberg’s property on Cobb Mountain.
On Aug. 16, 2015 California Department of Fish and Wildlife wardens Ryan Stephenson and Keith Smith received a report that Fox was hunting deer by illegally baiting them with grain. The wardens responded and waited for Fox to return from hunting on his ATV so they could contact him about the report. At about 8:30 p.m. the wardens intercepted Fox returning to his residence and found a large 4×4 buck deer on his ATV that appeared to be a “trophy” class deer. The deer was not tagged. On the back of the ATV wardens found an empty bag of grain. Fox denied that he was illegally baiting deer and claimed he had just found the empty bag.
Wardens also received information that Fox had also shot a different deer the day before but could not find it. Warden Smith then went to the property where the hunting occurred to conduct a search and found a pile of grain on the ground, along with a gut pile from the deer on the ATV, and a very small dead 1×2 buck lying only a short distance from the grain pile. Confronted with the evidence, Fox then admitted to officers that he had been illegally baiting and shooting deer, and showed them where the events took place. It was determined Fox was only 20 yards from the grain pile when he shot the deer. Fox claimed he could not find the small buck when he shot it and did not intentionally leave it to waste, but wardens found it lying only 20 yards from where Fox shot at the buck. Wardens also checked the stomach contents of the 4×4 buck and found grain appearing to match the grain found in the grain pile.
Chief Deputy District Attorney Richard Hinchcliff, who oversees all fish and wildlife prosecutions in Lake County, charged Fox with illegally taking deer within 400 yards of a baited area, wanton waste of a game animal, failure to tag a deer after killing it, and illegal possession of a deer.
In 2012 Fish and Game Code section 12013.3 was implemented in California, enhancing fines that can be imposed for illegally taking a “trophy” game animal under certain circumstances. However, the statute failed to define what is considered a “trophy”. Hinchcliff and the wardens had the deer horns scored by a certified Boone and Crockett Club measurer. The Boone and Crockett Club keeps records of scores for what it considers to be a “trophy” animal for various species. The minimum score for a trophy blacktail deer in the Boone and Crockett Club is 125 points. The 4×4 buck Fox killed scored 145 points. Hinchcliff also charged Fox with killing a trophy deer under the new penalty enhancement section.
On Dec. 14 Fox pled no contest to illegally killing a trophy deer, within 400 yards of a baited area. Fox was placed on 3 years probation, his hunting privilege was revoked for 3 years, and he was ordered to pay a fine of $8,530. The horns for the buck were also ordered to be forfeited. The sentencing judge was Michael S. Lunas.
