The Honorable Barry Breslow has sentenced a local poacher to a Gross Misdemeanor and a year in jail suspended, for the illegal killing of a pronghorn antelope. The State, represented by Deputy District Attorney Robert Erquiaga, had argued that Henry Remick (dob 2/1/87) receive a felony conviction.
The Nevada Department of Wildlife received a report in May of last year that Remick was witnessed shooting and killing the antelope, which he had done illegally. The reporting party informed NDOW that they had found shell casings, tire tracks, and a pool of blood where they had seen the shooting half an hour prior. As they were leaving the area, they saw Remick skinning the antelope on his property. A game warden was informed of the incident and when he arrived at Remick’s home, saw an antelope head and cape hanging from the fence. During a warranted search of the property, the defendant told game wardens he knew why they were there. When Remick was reminded of the law about acquiring a hunting license and tags, he responded, “That’s right… everyone needs their money,” and “I do this sh*t cause I’m free.”
At sentencing, DDA Erquiaga argued for the felony conviction, as opposed to the gross misdemeanor, with a 30-month sentence to be suspended, probation for the defendant, and a $2,500 civil penalty. With the felony conviction, Remick would no longer be allowed to own firearms. Under NRS 501.376(1), Felony Killing of a Big Game Animal, a defendant can either be punished for a category E felony, or gross misdemeanor, under the discretion of the Court. DDA Erquiaga fought for the felony conviction, citing Remick’s intentional decision to not obtain a hunting license or tags, killing the antelope outside of the lawful hunting season, and the defendant’s repeated lack of appreciation for the gravity of the offense. Remick’s statements clearly indicate a lack of respect for NDOW, the game wardens involved in this investigation, and most importantly, the vital purposes that licensing, the limited issuance of tags, the tag lottery system, and conservation efforts serve in maintaining a healthy and sustainable antelope population for all of the people of the State of Nevada to enjoy.
