ISLE OF WIGHT
A General District Court judge on Wednesday used trespassing charges against two hunters as an opportunity to warn the hunting community about respecting the rights of landowners.
Judge James A. Moore of Suffolk, serving as a substitute judge in Isle of Wight, also told landowners to properly post their land and open dialogues with neighboring hunters.
The case hits at the core of the Virginia Department of Game and Inland Fisheries' ongoing study. The Hunting with Hounds in Virginia Project is working with hunters who use hounds and landowners to defuse growing tensions between the groups.
G.D. Barwick, a state game department wildlife police officer, brought charges against Isle of Wight hunters Brian C. Johnson and Garland M. Whitley, members of the Walters Hunt Club. They had been videotaped Christmas Eve on Curt Lytle's property in Zuni. Johnson and Garland claimed they were on the land to retrieve their dog.
State code allows hunters to enter private land on foot to retrieve dogs as long as the hunters are not carrying guns. Hunters need written landowner permission to drive onto private property.
Moore dismissed the charges against the two, but took the opportunity to warn them about future infractions.
Moore cited a lack of intent to trespass.
"These are potentially dangerous situations," Moore said. "I'm not going to find you guilty today, but let's find a way to work this out. We need to find a way to keep the peace."
The judge also advised Lytle to post his land in a more obvious fashion to help prevent further issues.
Barwick, a 21-year veteran of game department law enforcement in southeastern Virginia, said he has seen a dramatic increase in complaints against hunters.
From 2005 to 2007, the department received 867 hound-hunting-related calls. Of those, 369 were complaints about trespassing to retrieve dogs.
Florida and Georgia are among the southern states that have passed laws governing the use of dogs to hunt. Virginia started its hound project last year to try to keep the issue from being settled in the General Assembly.
Lytle, a professional bass fisherman and avid hunter, was disappointed with the judge's decision.
"I'm just flabbergasted that anybody can come on my private property, and all they have to do is claim they are looking for a dog," Lytle said. "Where are the laws to protect landowners?
"This is something the state needs to change."
Johnson and Whitley declined to comment.
Lee Tolliver, (757) 222-5844, lee.tolliver@pilotonline.com
Delicious
Digg
Reddit
Facebook
Google
Yahoo
Upload Your Video
iTunes Podcast
Video Feeds
Watch The Dot
sorry
I'm a gun owner and hunter but "looking for your dogs" is not an excuse to trespass. IF this law is not abolished it should be changed to prohibit carrying firearms while on someone elses property "looking for your dogs". A few idiots are going to ruin this for everyone..
Good job Judge
for dismissing this case. As for the "Hound Hunting Study" being conducted by VDGIF, this entire waste of taxpayer money is a farce. When I contacted VDGIF and asked them to clairify their statement of "increased complaints" I was told there were 906 total complaints lodged against hunters from 2006 thru mid way the 2007 hunting season. In a state of between 6-7 million residents, 906 complaints is not a lot,and this includes supposed "complaints" for the entire hunting season, not just deer season. VDGIF says it is too difficult to track these complaints. Who knows if these were even legitimate complaints or just "ignorance of the law".This "study" is being driven by the anti's and weather you hunt with hounds or just still hunt, all hunters should ban together and stand our ground before these same anti's take away our right to hunt completely. Gov. Kaine is anti death penalty, anti gun, and pro animal rights. He hails from Minnesota or somewhere way north and wants to change our hunting heritage to how they do it "up north".
Correction
"Barwick, a 21-year veteran of game department law enforcement in southeastern Virginia, said he has seen a dramatic increase in complaints against hunters." It should read "Barwick, a 21-year veteran of game department law enforcement in southeastern Virginia, said he has seen a dramatic increase in complaints against hunters WHO USE DOGS."
They give the rest of us a bad name.