buffalo field campaign yellowstone bison slaughter Buffalo Field Campaign
West Yellowstone, Montana
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News Article - 10/16/99

Man pleads innocent to bison-shooting charges
By Joan Haines- Bozeman Daily Chronicle
10/16/99

A West Yellowstone man pleaded not guilty to each of three charges alleging he hunted and killed a buffalo on his property last month that he said was threatening his truck and making him mad.

Dale Koelzer, 79, entered pleas to the three misdemeanor charges before Justice of the Peace Gordon Smith Friday morning in Gallatin County Justice Court. Smith released him on his own recognizance. A trial date will be set at a Dec. 13 hearing.

The buffalo was found on Koelzer's land Sept. 28 by Department of Fish, Wildlife and Parks warden James Miller. The warden was notified the carcass was there by Mike Mease, a member of the Buffalo Field Campaign, a group protesting the capture and killing of buffalo that leave Yellowstone National Park.

The animal's head, much of its hide and its genitals had been removed.

"These people who live with buffalo day in and day out are trapped between buffalo and bureaucrats," said Bill Bartlett of Bozeman, Koelzer's lawyer.

If Koelzer is found guilty, he could be sentenced to 6 months in jail on each of the three charges and could face more than $3,000 in fines, said prosecutor Todd Whipple, a deputy county attorney.Koelzer opted for a jury trial, but Bartlett said he has not decided whether to stay with the jury decision or request that only a judge decide the case.

The buffalo leave Yellowstone Park looking for food when the snow gets deep. Once they enter Montana, a state and federal agreement allows them to be killed because some carry brucellosis, a disease that can cause cows to abort.

The trap where many of the animals are held until they can be tested to learn whether they have brucellosis is on Koelzer's land. Buffalo Field Campaign members have protested the state's buffalo policies near the trap.

The complaint alleges Koelzer hunted a wild buffalo Sept. 27 on his land during a closed season and allegedly shot it with a 30.06 rifle. He is charged with abandoning the carcass, which was suitable for food, in the field that day.

Koelzer also is charged with possession of an unlawfully killed animal on or about Sept. 30 when he "possessed the head, hide and cape of a wild buffalo."

He told a Department of Livestock employee that he had not shot the bull, but found the carcass on his land. Later he called DOL state veterinarian Arnold Gertonson and admitted he had killed the buffalo on his property.

In a phone interview with a Chronicle reporter, Koelzer said he had not killed the buffalo illegally. The buffalo wasn't harassing livestock, but it was "harassing my truck," he said. "It was ready to attack."

The buffalo is defined by FWP as a game animal. DOL has jurisdiction over them because of disease issues and concern over brucellosis.

A case similar to Koelzer's occurred in 1995 when Roland Whitman of West Yellowstone shot two buffalo in his backyard.

Whitman, 82 at the time, said he shot the buffalo after the animals came in his yard by breaking a fence and chased one of his horses. He intended to drive them away rather than kill them, he said.

He had been feeding elk hay on his property, a practice condemned by FWP because it leads to spread of disease. But Whitman didn't want buffalo eating on his land. FWP officials said they wouldn't shoot buffalo that came onto his feed grounds because they probably were attracted there by the hay.

Prosecutors agreed to drop charges of illegally killing a bison if Whitman stayed out of trouble for six months. He was defended by Bartlett.


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