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Hes dnving slow down this road, and his Mend says ‘Stop!’ He gets out and says he didn’t know what was going on . . . It’s difficult to argue.”
Judge Foley found that “The evidence is more consistent with innocence than with guilt. The Commonwealth’s burden is to prove aiding and abetting: it’s not illegal to stop and watch deer. The court is not convinced beyond a reasonable doubt, and finds Mr. Alsberry not guilty ... It appears Mr. Alsberry was caught up in something he was not sure about.”
Eleven other defendants pleaded guilty to various charges stemming from the operation.
Lt. T. S. Updike praised Mr. Luke’s efforts in prosecuting the cases, and Judge Foley’s handling of the legal issues. “This was new legal ground. In some courts we wouldn’t have gotten anywhere with it.”
Capt. Miller promised that slob hunters have not seen the last of “Bambiscam.” “We’re going to spread out into other counties next year... We know we’re not going to catch every road hunter out there - but we think we can reduce the problem.”
The decoy deer is not the only tactic which will be used by the game wardens, Capt. Miller noted. Wardens dressed in “civilian” clothes will be cruising the back roads in pickup trucks, and another warden does aerial surveillance in a Piper Super Cub, directing ground units to areas where he discovers suspected illegal hunting.
The criteria for the use of the deer decoy are strict, Capt. Miller said. Each operation must be approved by Col. Simmons. It must be in a heavily hunted area, on posted land, fronting on a state road and the landowner must give permission.
The undercover patrols, on the other hand, “can be done with the approval of the warden’s sergeant,” Capt. Miller said.
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