# Fair Sentence?



## rowdie (Jan 19, 2005)

This article was in the MOBRIDGE TRIBUNE (SD)

*Barton sentenced to serve 37 months*

By Katie Zerr
Wednesday, February 4, 2009 3:37 PM CST

A Mina couple charged with numerous Lacey Act violations was sentenced Thursday, Jan. 29, by U.S. District Court Judge Charles B. Kornmann, in connection with violations occurring on Standing Rock and Cheyenne Reservations.

Brent Barton, 47, owner/operator of South Dakota Adventures, a hunting and fishing guide business, was sentenced to 37 months custody, three years supervised release, $12,582 in restitution, $100 special assessment to the Victims' Assistance Fund, and he is prohibited from guiding and outfitting for three years after his release from prison.

He is charged with arranging illegal hunts for customers on Cheyenne and Standing Rock between 2003 and 2006 by persuading state and tribal employees to falsify licensing information.

His wife, Dawn Barton, 46, was sentenced to two years of probation, $432 in restitution, a $500 fine and $25 to the Victims' Assistance Fund.

Brent and Dawn Barton were indicted for Lacey Act violations by a federal grand jury on May 22, 2008. The charges relate to a conspiracy to violate state, tribal and federal wildlife regulations by killing deer, pheasants, turkeys, and grouse without proper licenses and transferring big game licenses during outfitted hunts. Many of the hunts were conducted on the Cheyenne River and Standing Rock Sioux Reservations and were guided by Brent Barton through his business.

Brent Barton pleaded guilty to a felony conspiracy Lacey Act violation and Dawn Barton pleaded guilty to a misdemeanor Lacey Act violation.

Four others, Frankie and Kirk Johnson of Standing Rock, Dan Haakenson of Bismarck and Connie Frailing of Mobridge, were charged in the investigation. All have been sentenced for their part in the scheme accept Frailing.

This case was investigated by the U.S. Fish and Wildlife Services, with assistance from the South Dakota Game, Fish and Parks Department; and the Standing Rock and Cheyenne River Sioux Fish and Game Departments.

Brent Barton was immediately turned over to the custody of the US Marshal to begin serving his sentence.

--Katie Zerr

IMO.......Yes.


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## southdakbearfan (Oct 11, 2004)

Absolutely


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## KurtR (May 3, 2008)

You must really have a boner for this guy 3 web sites and the same thing on all 3.


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## taddy1340 (Dec 10, 2004)

Thanks for sharing. Nice to see some jail time for once.

Mike


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## rowdie (Jan 19, 2005)

KurtR said:


> You must really have a boner for this guy 3 web sites and the same thing on all 3.


I want to get the FACTS out, and let people know.

And YES, anyone coming to rez doing what he is doing, I have a "BONER FOR"!! Guys comeing from Aberdeen/Mina, and setting up shop in Mobridge, and then guiding hunts like this on the rez, where I hunt??? Yeah I have a problem with him. A big problem! I'm glad he got caught. I'll bet this wasn't the first time he ever done it.

Question Kurt, why do you care if I posted this on 3 sites?? Its been in the papers, why aren't you writing letters to the editors complaing about their reporting. THIS IS NEWS! I'm curious to see if other thought the sentence was fair. So was it??


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## KurtR (May 3, 2008)

Fair is the judges job to decide. But if you are so worried about cleaning up the hunting on the rez maybe get the residents to follow the laws would be a start. Brings a new meaning to run and gun on opening day of standing rocks season.


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## rowdie (Jan 19, 2005)

So thats what we need, MORE out of staters and guides abusing the system, that will help the situation. Yeah, I think we need more guys like Barton taking up the time and money of game & fish. The SR G&F has come a long ways. It has enough problems without these guys coming in and making their living off of game illegally. So when the major bust comes down, and sentences are handed out, I post them. I want people to know that there is some law and ENFORCEMENT around here. WHY DO YOU HAVE A PROBLEM WITH THAT? Do you want it swept under the rug all hush hush??

BTW, I've hunted east river SD, and the flat terrain and shorter season causes more run and gun on opening day than I've ever seen over here.

There really is no opening day for members of the rez. The tribal game & fish tries to put dates and sell tags to their members, but the old guys that know their TREATY RIGHTS, get all charges dropped. These guys hunt whenever they want. Plus, for all of us who buy tags and follow the seasons, they stagger the starting dates for members, resident, and non resident. So which opening day are you talking about?? SD and ND also run State seasons on Standing Rock, and they are different dates too. ND starts on a Friday at noon. So there are bout 5 different opening days on Standing Rock depending on your tag status and location.

I sure can't defend some of the methods they use, but I've seen the same on the east side of the river.

Remember.... Before you trash talk members and hunting, Tribal Members were given the RIGHT to hunt by TREATY!


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## Dak (Feb 28, 2005)

Rowdie,

Thanks for the info. Seems like a good sentence to me! I am in favor of stiff sentences for poachers like this no matter where it is going on. This is different than somebody accidentally shooting a hen pheasant. Love to seethe jail time.

:beer:


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## KurtR (May 3, 2008)

So what your saying is if a tribal member does the same thing as a barton did it is ok because they have a treaty? What he did was wrong i never said it was not. But from a management stand point i dont care what the treaty says the g&f will do a better job with more resources and experience then the tribe will. So till they can police the poachers from the tribe nothing will change.


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## swift (Jun 4, 2004)

KurtR this is the reference I was making on the other thread. You are something defending him and screaming about the warden that got the DUI. It seems that birds of a feather flock together. I guess we know which flock your in.

FYI the G&F have no jurisdiction on the reservation. The reservations have their own departments. And they have to answer to the Federal FWS which was likely the agency taking on this case.

This is way more newsworthy than a 60 something guy getting a DUI. That happens almost everyday.


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## jonesy12 (Apr 1, 2008)

Thanks for the info. I'm glad to hear that he got caught and is being punished for his crimes! Some people just can't follow the rules like everyone else and it ruining it for all of us due to their selfishness! :******:


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## KurtR (May 3, 2008)

Swift are you a ******? i never defended him once. I wrote" what he did was wrong i never said it was not". So it is OK to post if some one poaches (which is wrong and they should pay fines) but if a law enforcement officer gets a dui it is not news. Hey dont throw stones you know if you live in a glass house. I have never poached and never done anything illegal while hunting or fishing. And i have NEVER and i mean never drove after i have drank. So you can take the feathers and shove them up your A$$.


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## jonesy12 (Apr 1, 2008)

WOW!!!!!!!!!


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## Plainsman (Jul 30, 2003)

Lets back away from the personal attacks.

This is 2009 and I don't think subsistence hunting should exist anymore, but the answer is to change it, not be ticked at people because they live in the area where it's legal.

I grew up on the Spirit Lake Nation. Back in the 1950's people ate the deer they shot. There was no food stamps, but there was free food every I think it was first Wednesday and third Wednesday of the month. Then when food stamps arrived the killing kept on but they tried to sell the deer. Today there is no reason for subsistence hunting to continue. The way to get rid of it is let people make their choice, food stamps or subsistence. We are not in the 1800's anymore.

So it isn't the fault of the people who live on the reservation it's the fault of all of us. I'm happy that the reservation and the Fish and Wildlife cooperated to bring a halt to this travesty. I'm happy the judge sentenced them in a fashion consistent with their crime. All is good, lighten up.


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## swift (Jun 4, 2004)

Plainsman, the natives in Alaska survive on subsistence hunting. I think it would be tough to tell some native american tribes they can continue and some they can not based on their geographical area. Afterall the reservation are "soverign nations" so they should have their own Game and Fish agencies or contract with the state agencies to manage their hunting.

KurtR here are your own words.
you mean like guides and outfitters. if they make a mistake hang them. But if some guy is drunk driving puting peoples lives at risk it is just a error in judgement.

KurtR | Feb 3, 2009 2:12PM

KurtR Posted: Sat Feb 07, 2009 9:47 pm Post subject:

--------------------------------------------------------------------------------

You must really have a boner for this guy 3 web sites and the same thing on all 3.

KurtR Posted: Sat Feb 07, 2009 11:41 pm Post subject:

--------------------------------------------------------------------------------

Fair is the judges job to decide. But if you are so worried about cleaning up the hunting on the rez maybe get the residents to follow the laws would be a start. Brings a new meaning to run and gun on opening day of standing rocks season.

There are a lot BUT's in your posts. I just call them like I see them.


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## Plainsman (Jul 30, 2003)

> Plainsman, the natives in Alaska survive on subsistence hunting. I think it would be tough to tell some native american tribes they can continue and some they can not based on their geographical area. Afterall the reservation are "soverign nations" so they should have their own Game and Fish agencies or contract with the state agencies to manage their hunting.


That's what we think down here because we watch and believe the good old television. I have discussed wildlife with biologists and adminstrators from Alaska, Australia, and other nations and reality and what we see on the old tube are often very different. I find that ten miles off the Spirit Lake Nation and people have no idea of the reality of the reservation. Have you been up to Alaska? Do you know they gather goose down for sale. At the same time they gather tens of thousands of goose eggs. Mostly they feed their dogs with it. They are endangering some species on some breeding grounds. I have seen 18 foot lunds with 20 five gallon buckets all full of goose eggs. No with the current food stamp program their is little need for subsistence hunting. If there are areas that truly rely on it then let them have it. That isn't tough since every reservation has their own treaty. Like I said let them choose. The treaty doesn't say anything about food stamps. Food stamps or subsistence take your pick. The treaty doesn't even have to be addressed. We don't need to renege on the treaty let them decide if they want to change it.


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## swift (Jun 4, 2004)

Plainsman I have to respectfully disagree about the villages in remote Alaska. I have friends that practice on Gamble island. Subsistance hunting is very real there. As it is around Bethel and many more remote areas of the state. I'm sure there are abuses that go on as they do anywhere.

I am from Devils Lake and my brother lives with his wife whom is an enrolled member on Spirit Lake reservation. Subsistance hunting on Spirit Lake, Ft Yates and New town reservations is virtually nil compared to 20 years ago. The reservations have figured out hunting is a commodity they can sell to the white man. They have all developed fish and game departments, require licenses for tribal and non tribal hunters and have hunting seasons. I don't know much about Turtle Mtn reservation and hunting. I do know that the legend of shooting everything that moves on a reservation is far more blown out of proportion than it truely is nowadays.


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## popo (Jul 20, 2003)

Plainsman, If the eggs are snow goose eggs, they haven't put a dent
in the population the last few years.


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## Plainsman (Jul 30, 2003)

popo said:


> Plainsman, If the eggs are snow goose eggs, they haven't put a dent
> in the population the last few years.


So popo since I am a retired federal biologist do you really think it was snow geese I had in mind? :eyeroll:



> I am from Devils Lake and my brother lives with his wife whom is an enrolled member on Spirit Lake reservation. Subsistance hunting on Spirit Lake, Ft Yates and New town reservations is virtually nil compared to 20 years ago.


Well Devils Lake is close, but my relatives are still on the Spirit Lake Nation. We may know some of the same people. I went to country school with Miller, Iron Heart, Grey Feather, Little Ghost etc. Near my home farm one spring a car was driving down the road with two hunters on the hood and a case of beer in between them. The road passed between two wetlands and about 30 ducks were floating in the water. Most were canvasback, and non were recovered. It was legal. Hunting is virtually nil because they have killed all the resident wildlife.

At one meeting they were showing aerial photoes and telling the people only a few deer were found on the count at pointX. There were approximately 70 people hunting that area the next day. It is ironic that when you stand in line at the grocery store the carts are pilled high with convienience food while those who have to purchase their own buy much less. My relatives not only live on the reservation they work with it. I have been called to the reservation in consulting capacity. In light of all this I will also respectfully disagree with you.

You don't often hear the truth about these things because people are afraid of the truth. That and someone knows someone who knows someone who knows all about it. That and a large segment of our society now wants to claim they are part Native American and want to tell you all about their way of life. The biggest rip off to the true Native Americans at this time are the white people on the reservation claiming to be Native American so they can get the benefits. Blond haired, blue eyed Native Americans all over the place. I would venture to say perhaps 1/3 of their benefits are being taken from them by imposters.


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## Plainsman (Jul 30, 2003)

I see some time has gone by. It was not my intention to side-rail this thread or stiffel conversation. It looks like I did however, please carry on.


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## KurtR (May 3, 2008)

swift said:


> Plainsman, the natives in Alaska survive on subsistence hunting. I think it would be tough to tell some native american tribes they can continue and some they can not based on their geographical area. Afterall the reservation are "soverign nations" so they should have their own Game and Fish agencies or contract with the state agencies to manage their hunting.
> 
> KurtR here are your own words.
> you mean like guides and outfitters. if they make a mistake hang them. But if some guy is drunk driving puting peoples lives at risk it is just a error in judgement.
> ...


I count once guess i dont see that as alot.


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## swift (Jun 4, 2004)

count again, twice in three statements you made.

KurtR here are your own words. 
you mean like guides and outfitters. if they make a mistake hang them. *But* if some guy is drunk driving puting peoples lives at risk it is just a error in judgement.

Fair is the judges job to decide. *But* if you are so worried about cleaning up the hunting on the rez maybe get the residents to follow the laws would be a start. Brings a new meaning to run and gun on opening day of standing rocks season.

KurtR do you remember this topic you quickly posted on?

Bartons plead guilty to Lacey Act violations

By Katie Zerr
Wednesday, October 22, 2008 3:39 PM CDT

Why is everybody all about giving the game warden a second chance when he was driving state property and drinking puting peoples lives at risk. But anybody else does something wrong they are scum bags?

KurtR | Oct 29, 2008 5:57AM

I* am all for catching the bad outfitters it makes it easier for the ones that do things right to operate. But is it worth ruining some ones life.* For all the bad people say about outfitters i know a few that are keeping alot of crp from being plowed up by taking ever rent payments that the govt are not making anymore and that does alot for the wildlife

KurtR | Oct 29, 2008 7:33AM

Another chance to bash a warden when the topic has to do with an illegal guide operation. Also I dont care if you have never broke a law while hunting. Its so easy when I don't even have to think this stuff up, I just use your own words.


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## KurtR (May 3, 2008)

Swifty Wow you need to get a job way to much free time on your hands. I bet you can find where i have said but even more times if you keep searching farther back. You remind of the the guy from billy madison did i make fun of you in high school or some thing is my name on your list. Well i will let you get back to puting on some lip stick and searching through my old posts have fun.


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## MSG Rude (Oct 6, 2003)

...and with that it is done.....remember the TOS. This thred is way off topic and personal.


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