2/20/2006
CHEYENNE - Magpies identified the crime scene and size-18 boot prints identified the suspect in the poaching of a large mule deer buck near the small town of Horse Creek just northwest of Cheyenne Dec. 13.

The large boots were worn by Mark W. Brumley who was sentenced Feb. 14 in Laramie County Circuit Court of violating Wyoming statute 23-3-102(d), commonly known as the "winter range statute," for taking an antlered big game animal out of season. Brumley, a sergeant at F.E. Warren Air Force Base in Cheyenne, was ordered to pay $4,000 in restitution, fined $5,000 with $4,000 suspended, given a 180-day suspended jail sentence and placed on probation for 1 year.

Judge Denise Nau stipulated that during probation, Brumley, 31, cannot use a firearm and is required to make monthly payments to the court to pay the fine and restitution. If the $5,000 is not paid by February 2007, his probation will be extended until the restitution and fine are settled.

Brumley’s 7 mm magnum rifle was also confiscated, and the Game and Fish has initiated the permanent forfeiture process for the firearm.

"This case demonstrates that the court system takes the winter range statute very seriously," said Mark Nelson, game warden who investigated the case.

During sentencing Judge Nau said the penalties will hopefully serve as an opportunity for other individuals to take notice and not commit the same crime.

The case started late afternoon Dec. 15 when curious about a concentration of magpies on the Parker Gulch Hunter Management Area near Horse Creek, Nelson discovered a deer gut pile. With the HMA only open for elk and antelope hunting and the deer season closing Nov. 6, Nelson examined the crime scene finding a size-18 boot print and the unique track of the carcass being drug over the snow on a tarp. Next he studied the roster of hunters who had received permission slips for the area and noticed a 6-foot 10-inch hunter named Mark Brumley.

Accompanied by a representative of the Air Force’s Office of Special Investigation Dec. 19, Nelson went to Brumley’s on-base residence. The suspect was not home, but the officers confirmed the tire tracks at the crime scene matched the tread on Brumley’s truck. Brumley was located on base and brought to the OSI office for questioning where he readily admitted to the violation. He told officers he killed the deer near sundown on Dec. 13, dragged it approximately 100 yards for concealment and returned at approximately 4 a.m. the following morning to retrieve the carcass using the tarp so it would not leave a blood trail.

Brumley invited the officers into his garage where they found the heavy-antlered 3-by-3 deer, the tarp used in dragging the deer, Brumley’s Ruger bolt action rifle and the boots that made the airman a suspect. Also hanging in the garage was a fork-horn mule deer buck tagged with his Nebraska muzzleloader deer license - but that had not been checked in as required by Nebraska regulation. Brumley said he killed the deer "just across the state line" on Dec. 9. On Dec. 29, he drove to Kimball, Neb. and had the deer officially checked in.

During sentencing, Judge Nau commended Brumley for not leaving the Wyoming deer to waste and his cooperation with officers, and said she took those factors into consideration when constructing his sentence. Prosecutor Mike Crosson requested a $5,000 fine, $4,000 restitution and a 7-year revocation of Wyoming hunting privileges.

"Restitution now goes to Wyoming’s access program, which seems particularly appropriate in this case with the violation being committed on a hunter management area," Nelson said.

The deer was confiscated and after testing negative for chronic wasting disease, the meat was donated to needy families. The 26-inch-wide antlers will likely be used for educational purposes.

Brumley, originally from Shepard, Mont., pleaded guilty to the charge in Laramie County Circuit Court on Jan 10. Judge Nau delayed sentencing to Feb. 14 because of the severity of the charge.

Prior to the violation, Brumley had visited the Cheyenne Game and Fish Office several times to discuss Wyoming hunting opportunities.

Anyone with information about a wildlife violation, even if it is secondhand, is urged to call the "Stop Poaching" hotline at (800) 442-4331. Callers can remain anonymous and are eligible for a cash reward if the information leads to a conviction. 
(contact: Mark Nelson (307) 638-8354 or Jeff Obrecht)

# # #