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Message: <blockquote data-quote="BDub" data-source="post: 196193" data-attributes="member: 448"><a href="http://bismarcktribune.com/" target="_blank"><img src="https://bloximages.chicago2.vip.townnews.com/bismarcktribune.com/content/tncms/custom/image/d181d4e0-5dab-11e7-a693-abfd0dad45b7.png?_dc=1498837819" alt="" class="fr-fic fr-dii fr-draggable " style="" /></a><ul> <li data-xf-list-type="ul"></li> </ul>Jason [h=1]Dethloff sentence reinstated for killing deer[/h]<ul> <li data-xf-list-type="ul">By JENNY MICHAEL | Bismarck Tribune </li> <li data-xf-list-type="ul">Oct 13, 2011 </li> <li data-xf-list-type="ul"></li> </ul><ul> <li data-xf-list-type="ul"><a href="https://www.facebook.com/sharer/sharer.php?u=http%3A%2F%2Fbismarcktribune.com%2Fnews%2Flocal%2Fcrime-and-courts%2Fdethloff-sentence-reinstated-for-killing-deer%2Farticle_81f9aaf4-f5bc-11e0-b7e1-001cc4c002e0.html%3Futm_medium%3Dsocial%26utm_source%3Dfacebook%26utm_campaign%3Duser-share" target="_blank"> Facebook</a></li> <li data-xf-list-type="ul"><a href="https://twitter.com/intent/tweet?url=http%3A%2F%2Fbismarcktribune.com%2Fnews%2Flocal%2Fcrime-and-courts%2Fdethloff-sentence-reinstated-for-killing-deer%2Farticle_81f9aaf4-f5bc-11e0-b7e1-001cc4c002e0.html%3Futm_medium%3Dsocial%26utm_source%3Dtwitter%26utm_campaign%3Duser-share&text=Dethloff%20sentence%20reinstated%20for%20killing%20deer&via=bistrib" target="_blank"> Twitter</a></li> <li data-xf-list-type="ul"> Email</li> </ul><ul> <li data-xf-list-type="ul"><a href="https://www.facebook.com/sharer/sharer.php?u=http%3A%2F%2Fbismarcktribune.com%2Fnews%2Flocal%2Fcrime-and-courts%2Fdethloff-sentence-reinstated-for-killing-deer%2Farticle_81f9aaf4-f5bc-11e0-b7e1-001cc4c002e0.html%3Futm_medium%3Dsocial%26utm_source%3Dfacebook%26utm_campaign%3Duser-share" target="_blank"> Facebook</a></li> <li data-xf-list-type="ul"><a href="https://twitter.com/intent/tweet?url=http%3A%2F%2Fbismarcktribune.com%2Fnews%2Flocal%2Fcrime-and-courts%2Fdethloff-sentence-reinstated-for-killing-deer%2Farticle_81f9aaf4-f5bc-11e0-b7e1-001cc4c002e0.html%3Futm_medium%3Dsocial%26utm_source%3Dtwitter%26utm_campaign%3Duser-share&text=Dethloff%20sentence%20reinstated%20for%20killing%20deer&via=bistrib" target="_blank"> Twitter</a></li> <li data-xf-list-type="ul"> Email</li> <li data-xf-list-type="ul"> Print</li> <li data-xf-list-type="ul"><a href="http://bismarcktribune.com/content/tncms/live/#" target="_blank"> Save</a></li> </ul>A Burleigh County rancher who pleaded guilty to killing deer in his daughter's feedlot to keep them from damaging feed will spend four days in jail and pay $8,500 to the state.William Dethloff, 69, had a second restitution hearing on Thursday in front of South Central District Judge Bruce Haskell, in which the judge reordered the same sentence and restitution he had handed down in January.Harlan Kleppe of Kidder County and Bill Dethloff of Burleigh County entered conditional guilty pleas in separate cases to various misdemeanor charges related to shooting deer without licenses, which means they reserved their rights to appeal portions of the cases to the North Dakota Supreme Court. Kleppe pleaded guilty to one count of unlawful taking of big game in Kidder County, and Dethloff pleaded guilty to eight counts of unlawful taking of big game and nine counts of unlawful possession of big game animals in Burleigh County.Both men entered the conditional guilty pleas after South Central District Judge Bruce Romanick, in Kleppe's case, and Haskell, in Dethloff's case, ruled that the crimes were "strict liability" offenses, meaning all prosecutors needed to prove their cases was that the men shot the deer. The men were not allowed to enter evidence that they believe justified their actions.The men had sought to be allowed to present evidence to juries that they had suffered thousands of dollars in feed losses due to deer eating, urinating on and defecating on hay and other feed and that they had no other alternatives than to shoot the deer. Dethloff also argued restitution had been improperly set without Haskell hearing evidence of the value of the 17 killed deer.While the Supreme Court ruled unanimously that the men did not have the right to argue that they were justified in shooting the deer, it also ruled that Dethloff should get another day in court to argue the value of the deer.Haskell had ordered restitution of $8,500, based on the statutory base value for a deer of $500. The Supreme Court ruled that evidence of the type, age and sex of the deer should have been considered, because some could have been worth more or less than $500.In court on Thursday, Dethloff's attorneys, Daniel Oster and Robert Bolinske Jr., said they had stipulated that the 17 deer were worth $8,500 after going through them with prosecutors. However, they called Dethloff to the stand to speak about hardships he had faced that would make it difficult for him to pay the restitution.Dethloff said he has no ownership stake in a feedlot or a trucking company, which are now owned by his daughter. He lives off of a monthly Social Security check of $994. The Dethloff feedlot, where both Dethloff and his daughter, Julie Dethloff, lived in separate houses, was damaged by Missouri River flooding this summer, and Dethloff said he now has no place to live.After the hearing, Julie Dethloff said she and her father have been staying with relatives, and she does not think the house her father formerly lived in will be habitable in the future. Her feedlot cannot be used for animals now due to a higher water table and contamination from flooding, her father said during the hearing.Haskell said since Dethloff did not own any of the property, the flood damage would not change his ability to pay the restitution. The judge also would not reduce the number of days Dethloff has to serve in jail, saying Dethloff had been convicted previously of the same offense. Bolinske had argued that the number of days should be reduced or eliminated due to the hardships Dethloff had been through and health problems he is facing. Since the sentence was not reduced, Bolinske said Dethloff would serve it immediately.The Legislature this year approved a bill allowing the Game and Fish Department director to authorize an emergency doe season during bad winters to ease deer depredation on farmers' hay stocks. Senate Bill 2227 also allows the department director to declare an emergency in areas affected by deer depredation and allows hunters with unused doe tags to shoot deer in those areas between Dec. 1 and Jan. 15.The bill also provides for up to $1 million per biennium from the Game and Fish Department budget to be used for site-specific plans to help farmers and ranchers with chronic problems to "deer proof" hay and forage supplies and sets aside $100,000 per biennium to plant food plots on private lands to provide a food source for deer.The Dethloffs and Kleppe were involved in lobbying the Legislature for the new laws. They have said they allowed more than 20 hunters a year on their 20 riverside acres, but the deer still crowded their feedlot north of Bismarck during bad winters</blockquote>

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