Posted on 09/02/2008 2:46:24 AM PDT by rellimpank
South of Hartsel, the South Platte River meanders through some of the most fabulous ranch and fishing land in the nation.
On a late summer afternoon, the sheer beauty of the setting caused a couple of motorcyclists to stop and point their cameras at a group of handsome horses standing near the river.
Exactly five months earlier, a group of 14 men pointed not cameras but guns at a group of bison and shot them dead. Killed were 32 bison belonging to longtime South Park rancher Monte Downare.
The slaughter has caused an outrage that the beauty of Colorado's South Park can't hide. The anger flows from the mouths of South Park residents; it is genuine and deep.
(Excerpt) Read more at denverpost.com ...
—ping—
Nothing like some city slicker moving to the countery and complaining about the things that go on there. Had is lawyer write his neighbor a letter? Enough said.
I’m not saying that Hawn was right, but didn’t Downare have some obligation to keep his animals on his property? It sounds like this went on for some time, with the rancher not making much of an effort.
I’m not sure why this isn’t considered a form of rustling.
By Howard Pankratz
The Denver Post
Article Last Updated: 09/02/2008 12:11:07 AM MDT
South of Hartsel, the South Platte River meanders through some of the most fabulous ranch and fishing land in the nation.
On a late summer afternoon, the sheer beauty of the setting caused a couple of motorcyclists to stop and point their cameras at a group of handsome horses standing near the river.
Exactly five months earlier, a group of 14 men pointed not cameras but guns at a group of bison and shot them dead. Killed were 32 bison belonging to longtime South Park rancher Monte Downare.
The slaughter has caused an outrage that the beauty of Colorado's South Park can't hide. The anger flows from the mouths of South Park residents; it is genuine and deep.
Some is directed at the men who shot the animals. But most is focused on Texas businessman Jeffrey Hawn, who authorities allege in criminal filings killed some of the bison himself and told the 14 hunters they could do whatever they wanted with Downare's bison — including slaughtering them. Hawn is due in court Sept. 15.
"I've never seen anything so cruel and inhumane," said Alice Dragoo, who works at Hutchison's Lumber in Fairplay. "It was wrong. Bottom line, it's wrong."
Susan Jones, who raises Texas Longhorn cattle and works at the South Park Mercantile store in Hartsel, said she was "very, very angry" over the shootings.
"This has been a ranching community for 150 years," Jones said as she worked the cash register at the store. "We try to work out problems, but we don't take it out on the animals."
A few years back, Hawn bought land not too far from Downare's spread and built a beautiful home.
This spring, Hawn complained to Downare that bison were leaving Downare's ranch and tearing up his property.
Hawn had his lawyer, Stephen Csajaghy of Denver, write a letter to Downare.
Killing preceded suit?
In the letter, Csajaghy said that the bison were breaking through Hawn's fences and illegally grazing on Hawn's property. It also said that in the six weeks prior to Jan. 28, when the letter was written, the bison had come onto Hawn's property more than 20 times.
Csajaghy warned that because Downare was apparently doing nothing about it, the next time it happened, they would file a lawsuit and perhaps allow a "hunt of any buffalo" on Hawn's property.
On March 10, Hawn sued Downare in Park County District Court in Fairplay.
But even before then, investigators and prosecutors allege, circumstantial evidence indicates that the killing of the bison had already begun — possibly by Hawn himself. The 14 men were caught shooting bison over hundreds of acres on March 19 after Downare's wife, Tracy, heard gunshots.
The men told investigators that when they arrived, they found rotting carcasses of slain bison in the area.
In an arrest warrant, investigators say the bulk of the bison — 14 of them — were killed on land owned by Catherine Pimm. Eight were killed on Bureau of Land Management property, four on U.S. Forest Service property, three on property of Robert Lemm and three on Hawn's ranch.
Pimm said she knows both Hawn and Downare and gets along with both.
"Jeff Hawn called me at the end of February and forewarned me that buffalo had been getting on both of our properties and they had called Monte (Downare) and told him to get them off," Pimm said.
Hawn told her that Downare would come get them but they'd just come back. As a result, Hawn said he was going to hire some men to haul them away.
"I said, 'Well, what are they going to do with them after they haul them away?' And he just kind of laughed and said presumably, they will eat them," Pimm said.
"I should have called Monte (Downare) or the sheriff's department at that time, but I had no earthly idea he was going to kill them," Pimm said.
Pimm was appalled by the slaughter.
"In Denver, if somebody would poison a dog or cat, they would be in real big trouble," she said. "But some 30 buffalo? . . . I mean that is horrible to shoot innocent animals like that."
South Park residents say that under Colorado's open-range laws, it is the duty of property owners to erect fences to keep cattle and bison out. It is not the duty, they said, of the rancher to fence cattle and bison in.
Hawn maintains that he built fences to keep the bison out, to no avail. He said the bison broke through, stampeded onto his property and killed hundreds of trees, knocked down satellite dishes and damaged solar panels.
Jeanine Keller, a waitress at Millonzi's Restaurant in Fairplay, said that some people do understand Hawn's frustration and that some have empathy for him.
But a majority, including many customers of the restaurant, feel that Hawn engaged in "overkill," Keller said.
"I feel it was just appalling that this person, who is not from this county, came in and took such aggressive action. I was shocked. I thought it was mean," said Keller.
By killing the bison, Hawn ignored that they represented the very foundation of Downare's and other ranchers' economic way of life, Keller said.
A working relationship
Timm Armstrong, who raises Texas Longhorns and owns the Silverheels Truck Stop in Fairplay, said he could never sit on a jury hearing Hawn's theft, animal-cruelty and criminal-mischief case.
"We work with each other," even if we don't like the other rancher, Armstrong said.
What Hawn is alleged to have done is just wrong, Armstrong said. He should have continued to work with Downare and various animal-control agencies, not shoot the animals.
Armstrong said the sentiment in South Park is strong. "One of the guys said, 'String him (Hawn) up,' and asked if he could tar and feather him."
Duke Marsh, a retired Air Force veteran who is part Kiowa Indian, looks at what happened — in part — from a Native American perspective and that of a hunter.
"Being a hunter, I only hunt and kill what I need," said Marsh. "But the way this went down was a waste of good meat. In the old days, the Kiowa killed to eat and didn't let their prey rot. To me, it (the slaughter) was the stupidest thing in the world."
Howard Pankratz: 303-954-1939 or hpankratz@denverpost.com
“South Park residents say that under Colorado’s open-range laws, it is the duty of property owners to erect fences to keep cattle and bison out. It is not the duty, they said, of the rancher to fence cattle and bison in.”
—for much info on this, search both Denver Post and Rocky Mountain News about three to five months ago—
Surprising to me, but that certainly clarifies who had the obligation. Thanks.
Fence out cattle on open range, yes. I am not so sure this applies to bison as bison won't mind a legal cattle proof fence.
I can't get too worked up about this whole deal, though as I doubt any of the players are long time "ranchers." Seems to me they are a bunch of city imports trying to redifine the old west. Years ago, it would have been a dead rancher instead of dead stock.
If it was me I would have said “Your buffalo are coming busting my fence and onto my land. How about to cover the cost of fence repair I take 1 buffalo a year for my freezer?” Then buy a bigger freezer.
under Colorado’s open-range laws, it is the duty of property owners to erect fences to keep cattle and bison out. It is not the duty, they said, of the rancher to fence cattle and bison in.
What if I want to run a herd of Elephants on my property? Would it be correct to say my neighbors would be required to defend their property with fences sufficient to stop elephants? It’s a ridiculous question I know but it serves to point out the foolishness of a law that says the owner isn’t responsible for his own animals.
Should have called in Boss Speerman and Charlie Waite.
I never realized that South Park was a real place.
It sounds like the guy who owned the Bison was the rancher. It seems like the guy who OK’d the shooting was a yuppie homeowner.
I'm guessing that one of the bison was named "Kenny"...
“I never realized that South Park was a real place.”
Yep Been there.
http://www.fourteenernet.com/southpark/
Well, you would be wrong. Downare was raised on that ranch. His dad has been ranching there most of his life.
Years ago, it would have been a dead rancher instead of dead stock.
Hawn is lucky that wasn't the outcome, believe me.
Is this the south park from comedy central?
No. South Park refers to South Park County. It is a beautiful place.
Fairplay is what the show is based on and is in South Park County.
These laws have existed for a LONG time and were bitterly fought over. Best to leave them alone.
I doubt if your elephants would do very well in South Fork ;-]
How about South Park instead. South Fork is pretty nice too and wouldn't do well with elephants either...
No, but if you decide to move to elephant country, you have the responsibility to understand what you’re getting into.
The hundred years old law said if you want a herd off your property, it’s your responsibility to keep them off your property.
I only used elephants in my example to illustrate the absurdity of a law that places primary responsibility for controlling the animals on someone other than the property owner. And since it’s the responsibility of the property owner I frankly see nothing wrong in taking whatever measures are necessary, including shooting the animals, if fences don’t work.
The guy who got others to shoot, should be in big trouble. Hunting on Federal property without the proper permission? Shooting at animals that are not on your property? Bad.
When you are leaving your property to go onto someone else’s property to shoot them, however, my guess is that Colorado law looks differently on that...
It doesn’t work that way in the West. It is free range here. Also, the owners claims sound silly as well and unbelievable.
Thanks
“Some of the best river and lake fishing in Colorado is found here, with the South Platte providing depth and breadth to Antero, Spinney and Elevenmile reservoirs. Tarryall Creek fills Tarryall Reservoir as well.
Public and private waters give the sportsman much to contemplate in the way of flies and lures.”
It is bad enough that the liberal cry-babies have pretty much completely poisoned California - but they have to move East to formerly nice and generally conservative states. First they have tried to overrun Colorado, and more recently - Montana.
I was reminded of this when I saw a clip of the horses-butt Montana Governor (a liberal DemocRAT...how on earth???).
Again - another reminder of the old saying - what happens in California eventually comes to YOUR neighborhood.
First they exported gangs to spread across the country.
And now they are exporting their surplus of marxist liberals to take over the rest of the country.
I guess Nikita Khrushchev’s plan of taking the US over from the inside is coming true - and his point of infection was Calinfornia and the DemocRAT party.
While I don't quite understand this law, it is the law. If he wanted the bison kept off his property it was HIS responsibility to fence them OUT - not for the owner to fence them in.
http://www.colorado.gov/cs/Satellite/Agriculture-Main/CDAG/1176829292622
Keep in mind also that if you do fence, you probably have to pay higher taxes. For most non-rancher/farmer types, it changes your designation to the taxing authorities (we just had to deal with this last year in South Fork, CO).
Mmmmm...fajitas.
You can always see that the enemedia person is a PETA lover when they call shooters : hunters.
Hunting had nothing to do with these shootings.
It’s going to be interesting to see what comes out of this.
Hawn is a hot shot businessman that buys property in ranch country. He has this problem and contacts the attorney, Stephen Csajaghy in Denver who has to be oblivious to range law or else he informed Hawn about it and Hawn ignored him. Either way it’s cut and dried and Hawn was in violation of the law and more than likely will be found guilty.
I don’t think it will end there though. Hawn still has his place and it sounds like he has a sizeable investment in it, all his neighbors are pissed off at him big time and it’s still open range. Hawn might do well to fing a buyer for his place if he can, don’t think he’s going to enjoy being there too much.
Hawn is going to really need his new lawyer. Earlier, she scared the Eagle County DA and kept Kobe free.
Lucky for him that he can afford her fees.
Hawn likely knew about Colorado open range laws, but like many newbie liberals , he chose to ignore them. He would have gotten away with it except for the massive exposure of his actions of hiring AZTEC shooters and that the local sheriff / CBI did a good job of investigating.
<Snip>
"I feel it was just appalling that this person, who is not from this county, came in and took such aggressive action. I was shocked. I thought it was mean," said Keller.
Reading this story made me wonder , just how many generations will it be until he is from that county ?
Make tha Aztlan
When you act like a carpetbagger , maybe forever.
“In an arrest warrant, investigators say the bulk of the bison — 14 of them — were killed on land owned by Catherine Pimm. Eight were killed on Bureau of Land Management property, four on U.S. Forest Service property, three on property of Robert Lemm and three on Hawn’s ranch.”
ikka caught the same thing I did reading this article.
Although I can sympathize with Hawn, having his property destroyed by someone else’s animals, he was willing to break the law.
You can’t legally go onto federal property and shoot animals. Or someone else’s property, without permission of the landowner (or feds).
Thanks.
Aztlan
Another inconvenient fact :
— 14 were killed on land owned by Catherine Pimm.
Eight were killed on Bureau of Land Management property, four on U.S. Forest Service property, three on property of Robert Lemm and three on Hawn’s ranch
No mention of bison.
A “lawful” fence is defined as a “well constructed three barbed wire fence with substantial posts set at a distance of approximately 20 feet apart, and sufficient to turn ordinary horses and cattle, with all gates equally as good as the fence, or any other fence of like efficiency.”
Bison walk through 5 wire fences as if they don’t exist.
Yep, I agree with that. The guy is probably going to jail for shooting the animals on land other than his, especially the BLM land. Still, this open range requirement that you are responsible for other folks animals staying off your land instead of the owner themselves is a remnant of the notion that the range belongs to everyone (and by extension, no one) and is a socialist view of property rights.
I’ve never seen it written anywhere if these bison were wounded and not killed on Hawns property. That might account for them dying on the other property.
Take a glance at #45
You can build a fence that will keep buffalo in...or out. A buffalo fence needs to be higher (like 8 feet or so) and stronger than a cattle fence.
There’s no question you can build a fence sufficient to contain Bison. I’ve seen one in Missouri and it was much stronger than any cattle fence and looked exactly as you describe it. My problem with this is that the owner of the Bison is not responsible for building that fence but instead his neighbors are. Why should someone who does not own the animals and stands to realize no financial gain from them be responsible for insuring they are adequately contained? It’s a ridiculous law and a remnant of a socialist type belief that the land belongs to everyone.
That’s a good question B4. I live in the east, and we don’t have open range laws here. I did encounter cows wandering in the road in Louisiana when I lived there. My sis lived in the sticks and had neighbors that let their cows roam.
I have not given the OR laws much thought, so am not qualified to speak on that. I just know if any of these animals were shot on federal property, someone is in trouble.
Could be these animals were wounded, then wandered onto federal property, but I would think those shooters (they are not hunters) would want to recover the bison if they were shot for meat. I assume they used scopes, and would know the animal bolted if wounded, would try to recover them.
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