One guilty, one acquitted in moose-hunting incident

[East Van Ray]

http://www.kamloopsthisweek.com/one-guilty-one-acquitted-in-moose-hunting-incident/

Disparate verdicts have been handed down in the case of two men accused of illegally killing and abandoning a moose in the Nicola Valley.

Wei Li and Xin Xiao were charged with illegal hunting and possession of a moose, as well as failure to retrieve edible portions of the animal. Li was additionally charged with hunting while not being a resident of B.C. and Canada.

In Kamloops provincial court on Thursday, Judge Chris Cleaveley found Xiao guilty on all three charges, while acquitting Li of the two counts he was facing.

The Crown had alleged the two men shot and killed a moose in the Nicola Valley outside of hunting season in October 2013 and abandoned the animal after being spotted with the kill by other hunters.

As part of the investigation, conservation officers traced to Vancouver a Ford pickup witnesses testified was backed up the dead animal. Inside the vehicle, officers seized a rain jacket with blood stains linked by DNA evidence to the dead moose.

[GotaGun]

One goes free.
One gets a slap???

[MB_Boy]

As much as I don't understand the acquittal of Li, as I am assuming a Chinese National hunting illegally in Canada; I may take a guess that he's no longer in the country or able to be found in the country?

Given the track record over the past few years of our legal system when it comes to wildlife offences, I am guessing the sentence for Xiao is likely going to make everyone gag. :roll::roll:

[rocksteady]

Maybe Li rolled... going states evidence?

[bang flop]

Lost a raptor, guns and $8500. Plus 2 year suspension.

Not a slap, but he wasn't fisted either...


One goes free.
One gets a slap???

[suburbanpat]

So the guy "rents an apartment and makes $40k to $50k" and drives a Raptor pickup? And it was found in a gated house on south west marine drive originally... Plus he has a BC hunter number which means be knows the laws. Hand him the book and ban him for life. He knows exactly what he was doing

[Steve W]

From COS Facebook page:

$7,738.00 in fines
Pick-up truck seized and forfeited
2 rifles seized and forfeited
A male from Vancouver was convicted of three BC Wildlife Act offences in Kamloops Provincial Court on November 18th, 2015. The conviction follows a COS investigation into the illegal killing of a bull moose near Merritt BC that was reported by witnesses on November 5th 2013. The investigation lead CO's to Vancouver where a Ford Raptor pick up truck was seized on the same day. The seized truck was subsequently forfeited by civil forfeiture proceedings. The COS investigation continued and charges were ultimately laid against 2 males on October 2nd 2014. After a 3 day trial one of the males was found guilty of three Wildlife Act offences. The second male was found not guilty of all charges. Upon conviction Yue Xin XIAO was fined $3738.00 and ordered to pay $4000.00 to the Habitat Conservation Trust Foundation. His 2 rifles were forfeited and he is prohibited from hunting in BC for 2 years

If I re-call the truck was a new Ford Raptor and the rifles were pretty high end as well. COS scored on this one.

[Sharpish]

That's a pretty stiff fine. I would be shedding tears over the loss of a truck and guns like that. Of course I don't poach, but he lost $65k in assets. A 10 year or lifetime hunting ban would be more appropriate than 2 years IMHO.

[Dannybuoy]

I would agree Steve , this is one of the stiffer penalties /cost to the offender that I have seen . Right on !

[boxhitch]

HCTF gets $4000 in creative sentencing , thats pretty good.

[07blackwater]

Hopefully this kind of penalty will be the norm instead of the exception, I think it's a good start, anyway.

This wasn't an accident

What's been going on sickens me to no end.

[IslandBC]

I don't think a poacher pays much respect to a hunting ban. 2 years or 10 years or lifetime ban is pointless. Taking his truck and guns will send a message to all poachers. Can't do much without a truck or guns!

[lbmmike]

Exactly a ban means nothing to someone who doesn't hunt legally anyway. But taking his shit sends a message. More money fine would have been nice but can't have everything. That truck wasn't cheap.

[Vladimir Poutine]

I'm glad that there was not the usual forgiveness for a "first" offense. That we know of. The penalty would have been worth a hell of a lot more if it hadn't been a Ford.

[MB_Boy]

From COS Facebook page:

$7,738.00 in fines
Pick-up truck seized and forfeited
2 rifles seized and forfeited
A male from Vancouver was convicted of three BC Wildlife Act offences in Kamloops Provincial Court on November 18th, 2015. The conviction follows a COS investigation into the illegal killing of a bull moose near Merritt BC that was reported by witnesses on November 5th 2013. The investigation lead CO's to Vancouver where a Ford Raptor pick up truck was seized on the same day. The seized truck was subsequently forfeited by civil forfeiture proceedings. The COS investigation continued and charges were ultimately laid against 2 males on October 2nd 2014. After a 3 day trial one of the males was found guilty of three Wildlife Act offences. The second male was found not guilty of all charges. Upon conviction Yue Xin XIAO was fined $3738.00 and ordered to pay $4000.00 to the Habitat Conservation Trust Foundation. His 2 rifles were forfeited and he is prohibited from hunting in BC for 2 years

If I re-call the truck was a new Ford Raptor and the rifles were pretty high end as well. COS scored on this one.

That certainly is better than I would have expected.

[IslandBC]

LOL! Nice... I heard they took his Ford and gave him a chev

[albravo2]

LOL! Nice... I heard they took his Ford and gave him a chev

I think that would be considered cruel and unusual punishment!

Guy has to wonder where and when that Raptor will get auctioned.

[MB_Boy]

Ah.....from the other thread started, this is a bit more detail.


One guilty, one acquitted in moose-hunting incident
Calling shooting of a bull moose “brazen,” a provincial court judge Thursday found one of two men guilty of illegally killing and abandoning the animal.
Xin Xiao was found guilty after trial of illegal hunting out of season, possession of an animal and abandoning the bull moose at the side of a logging road in the Nicola Valley in October 2013.

He was fined about $8,500, with $4,000 of that going to the provincial Habitat Conservation Trust Fund.
“I don’t believe a third party killed the moose and Mr. Xiao came upon the moose and decided to take it,” judge Chris Cleaveley said in his decision.
Cleaveley ruled Xiao said “yeah” to another hunter when asked him if he killed the bull moose.
That hunter, Kyle Carusi, testified at the trial.

Both Xiao, represented by defence lawyer Kevin Walker, and co-accused Wei Li, defended by Fred Kaatz, used an interpreter during the trial and did not testify themselves.
Cleaveley found the Crown did not have enough evidence to convict Li of the same three offences, nor of hunting without a special licence needed for a non-resident.
The Crown’s case was built on circumstantial evidence.

Two deer hunters who came across a dead bull moose at the side of the road testified when they returned to the same logging road later, they saw two Asian men with a Ford Raptor truck backed up to the moose.

Carusi said they appeared to be using a winch to get the moose — not yet field dressed or gutted — into the truck.
A surveillance camera at a gas station in Merritt recorded Xiao and Li the morning before the moose was found.
Food and gas receipts from Merritt the day before were also found inside the Ford pickup.

During trial, Carusi testified the two men beside the moose immediately stopped as he and his father rolled up in their pickup.
Carusi said the two acted “shifty” while beside the moose.

“It’s reasonable to infer Mr. Xiao and the other man realized they’d been caught red-handed,” Cleaveley said.
Conservation officers tracked the Ford pickup to a Vancouver home.
They seized the truck and a trailer.

Xiao, 49, had a “much stronger connection to the Ford Raptor,” Cleaveley said.
Inside that pickup, registered to a woman from Vancouver, they found Xiao’s Canadian passport, as well as a wallet with his driver’s and hunting licence and credit cards.
Conservation officers used DNA to link the moose to blood found on a jacket in the truck.
Cleaveley found it was Xiao’s jacket.

Following the Wildlife Act charges, the civil forfeiture office applied successfully to have the Ford Raptor sold, with half the $48,000 proceeds going to the Crown.
In addition to the approximately $8,500 in fines, Xiao forfeited two guns found in the truck.
He is also prohibited from hunting from two years.

Walker urged Cleaveley to reduce the fine from the $10,000 requested by the Crown because his client, a building property manager who earns about $40,000 to $50,000 a year, has a limited ability to pay. Xiao rents an apartment in Burnaby he shares with his wife and child.

[ruger#1]

In addition to the approximately $8,500 in fines, Xiao forfeited two guns found in the truck.
He is also prohibited from hunting from two years.

Walker urged Cleaveley to reduce the fine from the $10,000 requested by the Crown because his client, a building property manager who earns about $40,000 to $50,000 a year, has a limited ability to pay. Xiao rents an apartment in Burnaby he shares with his wife and child. [/I][/INDENT]

He should of thought a bought it before he committed the crime. I hope they do not reduce the charges.

[Steve W]

Ah.....from the other thread started, this is a bit more detail.


One guilty, one acquitted in moose-hunting incident
Calling shooting of a bull moose “brazen,” a provincial court judge Thursday found one of two men guilty of illegally killing and abandoning the animal.
Xin Xiao was found guilty after trial of illegal hunting out of season, possession of an animal and abandoning the bull moose at the side of a logging road in the Nicola Valley in October 2013.

He was fined about $8,500, with $4,000 of that going to the provincial Habitat Conservation Trust Fund.
“I don’t believe a third party killed the moose and Mr. Xiao came upon the moose and decided to take it,” judge Chris Cleaveley said in his decision.
Cleaveley ruled Xiao said “yeah” to another hunter when asked him if he killed the bull moose.
That hunter, Kyle Carusi, testified at the trial.

Both Xiao, represented by defence lawyer Kevin Walker, and co-accused Wei Li, defended by Fred Kaatz, used an interpreter during the trial and did not testify themselves.
Cleaveley found the Crown did not have enough evidence to convict Li of the same three offences, nor of hunting without a special licence needed for a non-resident.
The Crown’s case was built on circumstantial evidence.

Two deer hunters who came across a dead bull moose at the side of the road testified when they returned to the same logging road later, they saw two Asian men with a Ford Raptor truck backed up to the moose.

Carusi said they appeared to be using a winch to get the moose — not yet field dressed or gutted — into the truck.
A surveillance camera at a gas station in Merritt recorded Xiao and Li the morning before the moose was found.
Food and gas receipts from Merritt the day before were also found inside the Ford pickup.

During trial, Carusi testified the two men beside the moose immediately stopped as he and his father rolled up in their pickup.
Carusi said the two acted “shifty” while beside the moose.

“It’s reasonable to infer Mr. Xiao and the other man realized they’d been caught red-handed,” Cleaveley said.
Conservation officers tracked the Ford pickup to a Vancouver home.
They seized the truck and a trailer.

Xiao, 49, had a “much stronger connection to the Ford Raptor,” Cleaveley said.
Inside that pickup, registered to a woman from Vancouver, they found Xiao’s Canadian passport, as well as a wallet with his driver’s and hunting licence and credit cards.
Conservation officers used DNA to link the moose to blood found on a jacket in the truck.
Cleaveley found it was Xiao’s jacket.

Following the Wildlife Act charges, the civil forfeiture office applied successfully to have the Ford Raptor sold, with half the $48,000 proceeds going to the Crown.
In addition to the approximately $8,500 in fines, Xiao forfeited two guns found in the truck.
He is also prohibited from hunting from two years.

Walker urged Cleaveley to reduce the fine from the $10,000 requested by the Crown because his client, a building property manager who earns about $40,000 to $50,000 a year, has a limited ability to pay. Xiao rents an apartment in Burnaby he shares with his wife and child.


What shouldn't be lost in all this is that this started by two hunters reporting something they thought was suspicious and the COS following up on it. The hunters then testified in court to aid in getting the conviction. Great work by all those involved!

[GotaGun]

Great work to all involved.
Good to see some fines and seized items.

[Xenomorph]

What shouldn't be lost in all this is that this started by two hunters reporting something they thought was suspicious and the COS following up on it. The hunters then testified in court to aid in getting the conviction. Great work by all those involved!


Exactly, well done boys and COs just brilliant job all around.

[MB_Boy]

What shouldn't be lost in all this is that this started by two hunters reporting something they thought was suspicious and the COS following up on it. The hunters then testified in court to aid in getting the conviction. Great work by all those involved!

Agreed!

Am I mistaken or is one of the hunters who reported it a member here? For some reason I thought I recall them posting about what they witnessed?

[Deer_Slayer]

For the "average" Canadian hunter this fine would be devastating. To these guys they laugh. They spend that much at Casino in one evening. Deportation and lifetime ban from hunting is more in order. I imagine these people already have bears captured and milked for bile and a steady flow of wild meat coming into lower mainland!

[07blackwater]

Exactly. It seems like they treat Canada as a playground and then when things get too hairy they run back to wherever they came from to avoid charges and fines.

[M.Dean]

I'd be way happier if after they paid there fines, they were put on a plane and shipped back to god dam china!!! They've shown how much respect they have for our Canadian Laws, send them back and let them eat bloody boiled fish heads and rice for the rest of there worthless lives!

[Apolonius]

Good thing the judge did not pull a .....Dougan