TOPIC: Something on my mind.

These boys around here digging seng early. Would it even do any good to turn them in????? Who would you call anyhow? Or could this just make it easier for the gov to stop everyone?

rickyc wrote:

These boys around here digging seng early. Would it even do any good to turn them in????? Who would you call anyhow? Or could this just make it easier for the gov to stop everyone?

In many states, the Game Warden(s) for the county in which the poaching occurrs are responsible for making arrests and ticketing but if you are uncertain, call the non-Emergency Dispatch number for your county. Yes, it is good to report these folks as this is one of the only ways that we can stop them and save Wild Ginseng for future generations!


Frank

Indeed! Definitively turn them in! As Frank said, in some states it is the game warden who is tasked with primary enforcment of the state ginseng laws. However, using Ohio as an example, all peace officers can enforce the laws. That means what ever agency has jurisdiction, township PD or sheriff, can help or get the guy or gal who can help. One step farther, it may be a federal law violation as well.

I honestly would expect the old, well we would have to catch them in the act of digging answer. And it would likely be the end of it.

Rickyc
U mite b right but sometimes that small bit of info is what they need to get started so they can catch them in the act n if they don't at least u know u did what was right

all that is needed for evil to prevail is for good men to do nothing at all.

Yes and no. Catching them in the act is good. But with enough evidence to substantiate probable cause, a warrant can be had and if any ginseng is found...well...too bad so sad.

In the case of Wisconsin, don't even bother to call the DNR if you have as much watered some of your plants. They consider it \"cultivated\" but the law reads \"nurtured\" which is not wild anymore, so they want nothing to do with it. It is still private property which carries the same penalty as would any private property. What you would have if you watered it is \"wild stimulated.\" I asked the jerk at the head office in Madison what is transplanting small roots? He says now cultivated. I say \"what about the law that says if small roots are found with a big one, put the roots back in the ground?\" He says that is different. Also seeds, if you plant them away from the main plant you now have cultivated. By the main plant they are wild. I have given up on the DNR, most people here know one hell of a lot more about seng than they do. A case of \"book smarts\" and if anyone from that office is here, you know who I am and call me if you think you have a rebutal to some of this stupidity.

Paynters, welcome to the forum. The USMC quote is especially pertainant here.

I think a bigger Q is \"what do I do when I catch someone poaching?\"

Lets all not forget that this is a plant -a possession- we are talking about. We don't wanna end up like this guy from the Cincinnati area.


http://www.whiotv.com/news/news/man-79-sentenced-in-ginseng-slaying-case/nYj4H/

Updated: 1:59 p.m. Tuesday, July 9, 2013 | Posted: 1:29 p.m. Tuesday, July 9, 2013
Man, 79, sentenced in ginseng slaying case


By Breaking News Staff
PREBLE COUNTY — A 79-year-old New Paris man convicted of voluntary manslaughter in the shooting of a trespasser who was on the man’s property searching for ginseng is headed to prison.

Joseph Kutter was sentenced to three years in prison on a charge of voluntary manslaughter, the minimum term. He was also sentenced to 18 months on a charge of tampering with evidence, and one year on a charge of gross abuse of a corpse. The sentences will run concurrently.

A county common pleas jury convicted Kutter on single counts of tampering with evidence and gross abuse of a corpse in the homicide, but deadlocked on a murder count. He then pleaded guilty to the lesser charge of voluntary manslaughter.

At trial, prosecutors said Grubbs intended to collect the ginseng, which he knew to be growing on Kutter’s property. Ginseng is a valuable herb that can sell for hundreds of dollars per pound when properly dried and prepared.

Kutter told the Preble County Sheriff’s Office he saw a man walking in his yard at 7905 W. U.S. 40. He told them that when he asked the trespasser what he was doing, the man charged at him. Kutter said he then shot the trespasser in the torso using what prosecutors believe was an AK 47. The shooting occurred between May 26 and June 2, 2012.

Bobby Joe Grubbs, 31, had been reported missing by family members on May 26. His body was found June 2 by cadaver dogs in a mulch pile on the east side of the property, according to the sheriff’s office, which noted the body appeared to have been concealed and was fairly decomposed.

An officer testified at trial that deputies did not record a 40-minute interview with Kutter following the discovery of the body because of technical issues. They said they recalled the conversation from memory, that Kutter told them he put the body in a creek bed and moved it several times during before he told authorities it was in a mulch pile.