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Tagged buck Controversy

JNRBRONC

Well-Known Member
Fair Game?

The link worked once for me. Here is the story:

Head hunt: Who will get family pet/trophy buck?
CHRIS NISKANEN
Craig Keefe has no intentions of giving up the head of a trophy 10-point buck he shot on public land in Cass County this fall, even if the owners of deer No. 27 haul him into court.

"I'm not worried about it because I don't think they have a leg to stand on,'' said Keefe, 31, who lives near Backus. "I'm just more excited about getting it back from the taxidermist."

Kerry and Rachel Krumwiede of Pine River say Keefe's buck was a valuable pet at their small deer hobby farm. It escaped around Nov. 1, just before deer season, after a bear tore open the fence of their deer pen.

"As our pet, I don't want it hanging on his wall,'' Kerry Krumwiede said last week. "I think I'm entitled to the animal anyway because it's my property."

The bitter custody case over the buck's head is not only one of the most unusual incidents from Minnesota's deer season, but it also highlights the growing conflict between Minnesota's domestic deer and elk producers and the hunting community.

The Department of Natural Resources says Keefe did nothing wrong Nov. 7 when he killed and tagged the trophy buck, which could be identified only by a yellow ear tag, about the size of a matchbook, with the number 27. DNR conservation officer Nikki Shoutz said Keefe shot the deer 3½ miles from the Krumwiede farm and legally tagged and registered it.

The DNR is no longer involved in the case, said Shoutz's supervisor, Tom Provost, adding, "Now, it's a civil action.''

State animal-health officials say the Krumwiedes also followed the law by reporting the escaped deer to the DNR within the required 24 hours and attempting to find the deer and recapture it.

Deer No. 27, however, made the fatal mistake of stepping out of a swamp 70 yards from Keefe, a deer hunter since age 9.

TAG AND TROUBLE

"The tag was in its right ear, and I had a left-side, broadside shot,'' said Keefe, who has several other trophy deer on his wall. "He walked around a bottleneck in the swamp like a big buck would, looking pretty proud. I didn't see the tag."

Thrilled to see such a big buck, Keefe killed it. "I went over and poked it with my rifle. It didn't move. I got my brother (Nick) and he came over. We hunt and fish together all the time.''

But when they grabbed the deer's antlers and picked it up, Nick said, "'Wait, there's a tag.''

"What do you mean, there's a tag?" Craig responded.

"Look at his ear," Nick said.

And that's when Craig Keefe's trouble began.

He called Shoutz, who told him it was likely the Krumwiede buck. DNR officials wanted to test the deer for disease but couldn't contact Keefe in time. Because of warm weather, Keefe said he wanted to process the deer quickly and get it to a taxidermist to avoid spoilage.

Keefe said he also called the Krumwiedes as a "courtesy." Additional heated phone calls have occurred, during which Keefe said the Krumwiedes have threatened to take him to court to get the head back.

"I believe I've been civil, but I don't like being threatened with an attorney,'' Keefe said.

Kerry Krumwiede refused to comment about any possible legal action.

PUBLIC OR PRIVATE

The crux of the legal argument appears to be this: Is the head of deer No. 27 considered a body part of legal livestock and is thus private property of the Krumwiedes? Or did deer No. 27 become fair legal game when it wandered onto public land?

"The question of the tag will be fascinating,'' said Ted Lundrigan, an attorney in private practice in Pine River. "And once it's dead, what's the value of the head?"

He said a civil court judge would have to weigh other issues, such as whether the deer had become feral after it escaped and whether Keefe could have known the deer was tame.

Given that the deer had only a small yellow ear tag and had wandered far from the Krumwiede farm, Lundrigan said the case favors the hunter.

"If there's a cow on county land, I can't shoot it because there is no cow season. But with a deer, that's different — there is a deer season,'' he said. "If I raise deer in country where there is a deer season, (escapes) are a risk that I would have to take.''

Keefe said he speaks for all deer hunters when he says, "When you see a rack like that, the last thing you're going to do is try to identify its livestock number. What are we suppose to do? Look for ID tags on every deer before we shoot?"

There are about 10,000 domestic elk and 7,000 domestic white-tailed deer held in captivity in Minnesota, said Dr. Paul Anderson, assistant director of the Minnesota Board of Animal Health, and the number of animals reported escaped each year is low.

"They are rare, maybe 10 a year,'' Anderson said.

He said the Krumwiedes are a small producer, with only four deer. But captive white-tailed deer bucks have become a valuable commodity in Minnesota, with more than 400 farms in operation. The animals are sold for breeding and to shooting preserves.

On its Web site, the Minnesota Deer Breeders Association lists prices of $300 to $500 for whitetail bucks and fawns; other Web sites indicate private shooting preserves charge hunters $8,000 and up to kill a trophy-sized deer.

Deer and elk shooting preserves are controversial in Minnesota, with the Minnesota Deer Hunters Association opposing them. The group believes the increased transportation of domestic elk and deer will increase the chance of diseases getting into the wild. A recent loophole in Minnesota law has allowed shooting preserves to operate in the state, but some lawmakers want them closed down because they believe fenced preserves go against the ethic of fair chase.

Keefe said his buck didn't act like a tame deer, and he plans to hang it — with ear tag — in his home.

"My question is, why does he want it back?'' he said of Kerry Krumwiede. "For the same reason I want to keep it — to hang on his wall. I'm not giving it up, and I'm fighting for anyone in the future who has this happen to them."

Chris Niskanen can be reached at [email protected] or 651-228-5524.
 
Hopefully Dor will be following this since it came out of the TwinCities paper.

I'm thinking the deer owner is SOL, but the courts can be quirky. Might come down to who can afford to hire the best attorney.

I wonder what "effort" the owners were exerting to regain their "property" prior to hunting season?
 
Dean!

What is goin on up there in Pine River buddy. Fill us in...
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Iowa1,
Whats the scoop on this deal?...

Let's hear the local spin on this.
 
I hope the guy keeps his deer, he was legal & it's a deer...not a cow. I have never understood people that are raising animals that there hunting seasons for.
 
Hey all,

This one comes directly from home for Iowa1 and me.

Matterfact this whole deal happened within just a few miles of Iowa1's home, and not over 6miles from mine.
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The story in the paper is accurate. I talked to the brother (Nick) 3 hours after Craig shot it. Nick knew then there was going to be a arguement over it.
Pine River and Backus are small towns; population under a 1000 in both towns. Everybody knows everybody.

Im as curious as you all to see what happens.

Dean
 
The deer is the hunters'; plain and simple. I also don't care if the tag in it's ear was 10' long with a neon flashing light. The rules do not state that a MN deer hunter can't shoot a deer with a tag in its' ear, in fact the DNR tags animals all of the time and wants hunters to harvest these animals so that they can get information back on the animal and learn from it. If I am on the jury, the deer goes to the hunter. The animal escaped and that is tough $heet for the original owner. I don't see this going to court anyway ;but then again, some people are stupid.
 
I have personal knowledge of this thing. As usual there is more to the story than is reported in the paper. The Deer's owner, Kerry, is a friend of mine. He lives about a mile from me. He was having bear problems all summer around the deer in his pen. He shot one and the DNR loaned him a big trap and they trapped another. Back in July or maybe early August, a bear tried to scale his fence and smashed it partway down, the deer went bonkers of course and the buck in question actually jumped over the section of fence that had been bent down to about 8 feet. The buck was very tame and you could actually walk right up to it if you talked softly. It was well known around the area that the buck was hanging out about a mile west of my house on some land that had an alfalfa field and a big cornfield across the road. He'd been seen several times standing around in broad daylight. One time, in October, a guy almost hit him when the buck did not move off the gravel road. When he skidded to a stop, the buck started licking the salt off the guy's front bumper.

The last week in October, I saw the buck standing in the hay field and I approached it but didn't have a way to catch it. I quickly called Rachel, Kerry's wife, on the cell phone and told her about it since Kerry was deer hunting in Manitoba. She got me the tranquilzer gun but she couldn't find the drugs for it so she had to wait until Kerry called her that night so she could ask him. The next morning, armed with the gun and tranquilzer darts, I took my 10-year-old son and we walked the wooded area the buck was known to bed. We spent a good 2 hours in there and moved a few deer. But this deer was so tame that we knew he wouldn't bolt, and it is thick enough that he could just let us walk by. I hung onto the gun and tried to find him again over the next couple days, but didn't get sight of him again. Gave the gun back to Kerry when he got home from Canada right before deer season.

The deer was apparently killed at that location and I'm not sure about whether or not Keefe had permission. One thing I do know is that the deer was very tame and you could walk right up to it and pet it. It had a bright yellow tag in its ear and there is no way anyone could mistake it for a wild deer. What Keefe did was CHEAP. A lot of people were trying to help Kerry get his deer back and the landowner told me he was trying to protect it because he had hunters coming in to hunt and he was going to make sure they were careful not to shoot it.

The buck is domesticated livestock, not game. I think the main reason Kerry wants his buck back is because of the principle of the thing. He of course has no use for it.

This whole situation leaves a sour taste in my mouth and Keefe continually calling himself a "Trophy Hunter" in the press and everywhere makes all deer hunters look stupid.
 
If that tag in the ear isn't a dead give away. Just think if this was a deer that the dnr tagged...they would be all over this guy for shooting one of their tagged deer.
 
I actually think it would be very difficult to see a yellow tag (matchbook size) on a deer's ear from 70 yds a way. Mostly in a hunting situation.
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If he knew there was a tame 10pt buck in that area and figured he'd go after it. Then he was wrong. But if not and he was totally legal out hunting, shoot it.

I don't think there is going to be much difference between a wild and tame deer walking out into a field. Not enough to say "Oh I think that deer is walking like a tame deer, I better not shoot." Come on!!! By that article he did nothing wrong.
 
Just a couple more points.

There is a question about where he actually shot the deer. He apparently told the paper it was near a swamp on public land. There is some question about that. According to Kerry, Keefe knew that the landowner who had been trying to protect the deer would be out of town on the day he shot the buck. Some people have said that Keefe was intentially trying to get this buck, and waited until the landowner left on a trip to deliver trailers from the Scamp factory in Backus before he went onto the land to shoot the buck. There is also a wierd episode that Keefe destroyed the brain of the deer right after Kerry told him he wanted it because he needed to turn it in for CWD testing. There are several things about Keefe's story that are suspicious but I do not know him and I do not know of his character so that's all I will say about it. I do know that there are rumors flying all over about how this actually came down and none of them that I have heard match the ones I read in the articles I have seen.

I think we will have to let the courts sort it out if it comes to that.

And why did the writer of the article go into the controversy about hunting preserves? That had nothing to do with this case. Kerry and Rachel have a 1/2-acre pen. They bottle fed this buck. This has nothing to do with unting preserves. I think this is a case of a writer trying to get a quick story and not doing his background research.

The one thing I do not understand is why Keefe is so adamant about keeping the buck. If you shot a guy's pet buck, even if you didn't know him, wouldn't you just apologize and give him his buck back? It had a tag in the ear! Why would you want to mount a buck with a tag in the ear? I don't get that. The buck is not a monster, it is an eight-pointer with two stickers off the brows, that would net probably 135. If this was a 190 or something like that I might understand why someone would want it just for the novelty of it. But this really isn't that great of a buck for a rifle kill.

The whole thing is wierd. Craig, just be a man and give the buck back.
 
Unless they can prove foul play, this should be an open and shut case for the hunter. The courteous thing might be for the hunter to give the deer back, but I do not believe for a second that the law will require him to do so. I would hazard a guess that the people that pen raise deer might have some kind of insurance to protect their investment from this kind of loss, and if not, well thats the risk they take IMO.
 
From what I read the deer was more of a pet than anything else to the owner, so that makes me feel for the owner.

My feeling on this is that unless the "hunter" shot it somewhere where he wasn't suppose to be that he will have legal claim to it.
 
Wow! There does seem to be a lot of rumors flying around about what happened. My opinion....If this hunter did not see the tag and the buck was just walking as a deer would....He should be able to keep the buck. Doesn't matter if it were someone's pet at one point. Good conversation piece. ha, ha The owner certainly doesn't need to be given an apology and the buck returned.
 
If he had intentions of killing this buck and knowing that it was tame, then why would he call the owner after it was shot??

I'm sure the original owner is upset about loosing it but sometimes things happen. He could have stayed home from his trip and searched for it too.
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My opinion is, regardless of the intent of the hunter, be it in knowing or not, the deer is his. He has to live with the lie if it was done in malice.

Sorry for the former owner, his deer is dead. It could have just as easily been hit by a car, killed by coyotes or any number of things.

Lesson Learned: Build a better fence and be glad the State didn't fine you for the escaped deer.
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