Recently, the Police Benevolent Association of New
York State which represents NYS Environmental Conservation Officers issued a
press release praising the disposition of three deer poaching cases in a local
town court in Columbia County. Collectively the three dispositions resulted in
one of the largest fines ever in NYS history for deer poaching cases. The
officers involved, one of whom was severely wounded last year in a similar type
of case, and the Town Judge should be praised for taking a proactive stance for
public safety.
However, in the news article, there was something
missing. Nothing was reported about what DA Czajka’s position was in these
cases or what he recomm
ended or did. Unfortunately, probably nothing. This has
been his behavior in past cases and this is unfortunate. For many years during
the DA’s term in office, Czajka has said nothing about dispositions in cases
and left the decision totally up to the judge. The DA represents the People of
the State of New York, but the County has a DA who goes to court and
doesn’t argue for the People. Recently in Columbia County Court the DA took no
position as to sentencing on a two-time arsonist and thief, and now the
County has that individual walking around the community after causing almost a
million dollars of damage and threatening the lives of our policemen and
firemen.
Why are deer poaching cases serious? These are
criminal cases involving firearms and usually involving an amount of
organized crime. In the cases at hand the PBA release referred to the three
defendants as “armed criminals masquerading as sportsmen.” Eight deer were
taken by being baited, stalked and shot after dark with the aid of a light and
night vision eyewear. Was this the defendants first time poaching? Probably
not. How many other deer are gone? One defendant confessed to a “variety of
illegal hunting activities.” These defendants planned their criminal
activities. Their acts were organized. There is a big difference between
impulsive crime and planned crime.
These defendants received large fines for their
punishment. While large fines are a good start in deterring future criminal
conduct, the effect usually wears off quickly with repeat offenders
or an organized group of actors. In addition, if the fine money paid is
borrowed from a friend or family member, the effect wears off quicker.
Fines become just the cost of doing business.
This why the DA needs to be more involved in
this process than he has been over the years. Each individual and their
circumstances should have been studied, and the DA should have come up
with a fashioned disposition for
each defendant and recommended it to the Court. There are several
community agencies and experts that could be of great assistance in helping in
this process of achieving long term deterrence and hopefully getting tax paying
citizens in return. Besides fines and deterrence issues, the other tools in the
criminal justice tool box are restitution, retribution and incapacitation or
imprisonment.
Poaching is
such a serious harm to the community that the legislature increased poaching
penalties last year. Illegal poaching is not only a public safety
issue, but also is harmful to the recreational and economic benefit deer
provide local citizens. The recent legislation which is now the policy of the
New York states, “Wildlife is held in trust by the State for all citizens to
enjoy…Too often individuals apprehended for deer poaching receive only a slap
on the wrist.”
Where is Mr. Czajka’s leadership? Do you
feel safe in a county where the DA doesn’t actively participate in creating
dispositions for criminal matters? Criminal acts with guns????
Eugene
Keeler
