# Game Warden at his best!



## walleyesandwings (Sep 12, 2005)

Joe Duggan: Deer case touches off controversy in Gage County

Talk about a deer fight. This one started when two nice bucks clashed somewhere in rural Gage County. As the bucks tangled, so did their antlers.

Conservation Officer Jeremy Ten Kley of Beatrice got a call about the deer locked in a death struggle. When he found them on private land near Odell, one of the bucks was dead and the other was exhausted and highly stressed.

What happened next ignited a fight of a different sort, a war of opinion between those who felt the conservation officer simply did his duty and those who question whether he acted unethically, perhaps even illegally. Mixed in with the differing views is a lot of rumor and emotion.

Ten Kley decided to kill the surviing deer to end its suffering. Then he removed the heads of both animals and left the carcasses where they lay in a harvested cornfield.

When Fred Wright, the property owner, discovered the carcasses on Nov. 9, he assumed they had been killed by a poacher who wasted the meat in an effort make a quick escape with the antlers. Wright returned home and called Ten Kley to report the incident.

Ten Kley, in turn, told Wright what had happened. The landowner said he was perplexed then, and to some degree, he still is.

"I think he should have contacted us first," Wright said. "None of this would have happened if he would have done that."

What happened was that rumors went wilder than a buck in rut. According to some, Ten Kley sold the heads for personal profit. Others posted messages on the Nebraska Game and Parks Commission online forum saying the conservation officer trespassed on private property to kill the deer. Others said he should have tranquilized the live deer so it could be freed and released.

On Friday, Craig Stover, assistant law enforcement administrator for the commission, attempted to put some of the rumors out of their misery.

The officer removed the heads because they represented something unique that could be displayed in public or used for educational purposes, Stover said. The heads are being stored at commission headquarters in Lincoln and may well go on public display some day.

Nor did the officer trespass on private property. The "open fields" doctrine gives conservation officers authority to pursue investigations, reports or complaints when they occur in the open on private land, Stover said.

The decision to euthanize the surviving deer was a judgment call. An officer must decide whether the animal has a chance to free itself or whether it would be more humane to end the struggle. He must factor in his own safety as well as the safety of motorists and others.

On Friday, the Beatrice Daily Sun published a submission from Ten Kley that stated he wanted to set the record straight. In the piece, he described his actions and the legal basis behind them. He also indicated that while conservation officers aren't required to contact landowners in these situations, he had intended to do so.

But he didn't.

"Nonetheless, the landowners were frustrated since I had not contacted them immediately about the deer found on their property," Ten Kley wrote. "I discussed the issues with the landowners and provided information about the Game and Parks Commission's authority to conduct official business on their property. In the end, we all agreed the issue could have been resolved before it happened if I had followed through on my intention to contact them immediately after the incident."

In other words, Ten Kley could have dispatched some rumors with a courtesy visit to the landowners.

After having met face-to-face with Ten Kley and his supervisor, Wright said the matter has been put to rest. At the landowner's request, Ten Kley removed the carcasses


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## walleyesandwings (Sep 12, 2005)

Sure smells like Wanton Waste to me.


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## Bob Kellam (Apr 8, 2004)

So you are trying to make the case that Todd was not any more guilty than the CO that busted him?

Until I see an official news release I am not going to put much stock into this story. BTW is Todd still guiding?

Bob


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## walleyesandwings (Sep 12, 2005)

Here is the link to the Lincoln newspaper.....

http://www.journalstar.com/articles/200 ... 675974.txt

Bob, what does this have to with Todd. This is just a story that one of my buddies sent me today. I thought that I would share it with you guys. Since you seem so interested in all of the poaching cases, you should be extremely interested in this one.


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## Bob Kellam (Apr 8, 2004)

Walleyesandwings

Thanks for the link.

I just thought is was a little strange that in prior posts you said



> I know Mr. Siemers and just wanted to let everyone know what exactly went on here. Because most of you really do not have a clue as to what did...but seem to think that you do. I just want to set everyone straight here. This was not a want and waste issue. *It was strictly a warden tring to get a promotion issue. *


and now you post an article about the same warden that busted Todd. Not defending the warden he made a bad choice. He grew a pair and admitted it was not handled correctly. I am sure there will be consequences for him within his department.

Todd made a bad choice as well and his consequences will be determined.



> Since you seem so interested in all of the poaching cases, you should be extremely interested in this one.


Who was poaching in this case?

Take care

Bob


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## walleyesandwings (Sep 12, 2005)

Well, I would call it poaching. From the things that I read, he shot the deer that was alive and then cut the heads off from the two deer and left the carcasses to rot. He never contacted the land owner. But after several days the landowner contacted him, so Ten Kley confessed to shooting the deer. Sounds like a poaching case to me.


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## Bob Kellam (Apr 8, 2004)

poach2 ( P ) Pronunciation Key (pch)
v. poached, poach·ing, poach·es 
v. intr.
To trespass on another's property in order to take fish or game. 
To take fish or game in a forbidden area. 
To become muddy or broken up from being trampled. Used of land. 
To sink into soft earth when walking.

To take or appropriate unfairly or illegally. 
Sports. To play (a ball) out of turn or in another's territory.

Did he trespass? Did he shoot the deer in a forbidden area? Did he shoot the deer or take the heads unfairly? Did he shoot the remaining deer illegally? or was he doing his job?

Sorry I don't see any poaching here. If laws were broken there would have been charges filed. Right? Bad judgement yes, as I said in a previous post.

What should he have done? left them to die naturally? Should he have picked them up? Yes, I think he should have. Would the meat have been fit for human consumption, doubt it!

If you feel it is poaching I would ask you to call the Nebraska Authorities and express your opinion. Dragging this event down to the level of Todds Offences is accomplishing nothing. Apples and oranges.

Take care

Bob


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## jhegg (May 29, 2004)

Thanks for the "interpretation" on this case Bob. I wasn't too sure where it was going until I read your comments.
Jim


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## Ron Gilmore (Jan 7, 2003)

Walleye first off poaching is taking of game illegally, in the posting that you provided it states that GW have the discretion to dispatch an animal is granted to the warden. So it is not poaching nor should you or anyone insinuate that it is.

In regards to the quotes that Bob brought up from another thread, I also have knowledge of what went down. I hunted with a person that was there the day Todd got busted. He does some guiding for one another Outfitter in NB. They where all checked and Todd had been warned to get his things in order. He was not singled out, he just disregarded Fed and State laws!!!!!!!!!!! You cannot spin that fact away. Nor could Todd!


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## Ron Gilmore (Jan 7, 2003)

Sorry about the double up Bob, you got your in before I had finished!


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## Draker16 (Nov 23, 2004)

He should have just cut the antlers off and let the buck go, i wasn't their but from what i've read it seems that he should have given the living buck more of a chance, i saw this happen on an eastman outdoors video and the same thing happened, one buck was dead and the other was completely exausted they cut the antlers free and the buck ran off exhausted but lived. Like i said i wasn't their and while i believe he should have cut the antlers free and then made a decision to shoot the buck if it clearly couldn't get up you would think that the buck would be able to recover on his own.


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## walleyesandwings (Sep 12, 2005)

You guys are missing the whole point here. As a land owner and farmer I would be extremely upset with the warden if he would have did this on my land or in my area.

Point 1 - He did not ask the landowner to help him load the deer or have another game and parks official come out to help.

Point 2 - He cut the heads off of both deer and left the carcasses. Was the meat edible. Who knows. But he did not even check to see if it was still edible. He just seemed interested in taking the two big racks. They are big too. I saw photos from the NE G and P website. Very unprofessional in my opinion. The farmer would have had to remove the deer in the spring himself in order to be able to put a crop in where they were laying.

Point 3 - As a game warden you should always check in with the land owner if there is a problem or situation. He never called the farmer. Why do you think that he didn't call him. Probably because he was more interested in keeping the antlers for himself than filing a report with the G and P. He surely had NO INTEREST in utilizing the meat!

I feel very strongly that this warden was not doing his job correctly. I have talked to alot of landowners in the Gage County area and they are not happy about what has taken place. I think that he took advantage of the situation abused his rights as a game warden. I feel strongly that he needs to be charged just as any one of us normal hunters would be if we would have done the same thing. Plain and simple --- he committed a game violation and needs to be punished. It is called WANTON WASTE!!!


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## always_outdoors (Dec 17, 2002)

I hate to be the bearer of bad news for you walleyesandwings, but a local game warden here did the same thing with a moose my friend found that had been hit by a car. Seems to me that this is called....procedure.

My buddy saw what appeared to be a moose struggling in the field. He called the warden who showed up and they walked to the field and sure enough it was a small male moose. Seeing it was suffering, the warden put a bullet it in, cut off the head and took it with him.

I cannot say for sure, but my buddy says no talk about contacting the landowner was even spoken about.

I believe they did speak about running some blood samples and other "research" that would probably done on the head.

With CWD and other diseases out there, whether the rack was big or small, I could see how the warden would want to take the heads.

On top of that, many wardens pick up antlers to be used when they go into classrooms. Maybe he had intended to use these antlers in an educational setting to show what happens when deer horns become entangled.

I could be totally wrong on your post. Maybe this CO is a jerk who needs to be strung up by his feet because he obviously has issues being a CO. Still doesn't mean he wasn't doing his job when Todd was caught with all the birds he was caught with. I know Todd too. Been playing basketball with AND against him since we were both 8th graders. I think we have even been in the same tavern a time or two. Not friends, just aquaintences.


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## Ron Gilmore (Jan 7, 2003)

Walleye, I do not disagree with the premise that the situation could have and probably should have been handled differently. However you continue to make allegations that he did this for personal gain. I just made a call to the NB Game and Parks Division and inquired about this! I was transfered to the enforcement division. The person who I spoke with said that the heads in question where entered into the possession logs the same day the GW dispatched the animals. That blows your theory of personal gain right out the window!!!!!

He then refereed me to the news release for further information. Now the entire enforcement department must be in on this or your assumptions are full of BS!!!!!!!!!!!!!!!


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## jhegg (May 29, 2004)

Ron,
I certainly admire your tact and gentelness in discussing this issue  8)


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## zogman (Mar 20, 2002)

I think both Ron and Bob get an A+ in diplomacy :beer:


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## NDTerminator (Aug 20, 2003)

A LEO's actions, no matter what area of the profession they are in, are guided by policy & procedure. As an example, my agency's written policy manual is over 600 pages. It covers everything from how to wear the uniform to how to conduct a felony investigation, to how to conduct a grade school information talk. Rest assured a state agency's manual is even more extensive. I have no question that this CO's actions were dictated by & fell within his departmental policy.

What this particular situation has to do with Siemers is unclear to me, but as it was brought up, I will add this. Since the infamous Nebraska Snow Goose Bust, he has been pinched twice more in ND for G&F violations (falsifying a deer license app and guiding w/o a license). If anyone doubts this, it's easily verified by researching court records.

One time might be a mistake, three times sure isn't. In my book, this makes him a plain & simple outlaw. The notion he's a good guy being picked on by biased G&F officers from multiple states doesn't hold water. Siemers is well on his way to being on the same level of ND G&F outlaw as Schlect. A dubious honor, to be sure...


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## gaddyshooter (Oct 12, 2003)

Doesn't look like to me he did anything illegal. He received a complaint and went to investigate it, which gives him permission to be on the private property, with or without the permission of the land owner.
It says that one deer was already dead, indicating that the struggle must have been going on for quite some time, and it says the other one was quite stressed and exhausted. Officer discretion. 
As far as removing and keeping the heads of the deer, as long as he is using them for the use of the department he works for an not for his own personal use,, I see no problem with this. As far as wanton waste, I believe if the meat was usable, he should have at least made an attempt to find someone who wanted it. Who says that he didn't?? Doesn't say in the article. I work for a police department. When we have an accident involving a deer, we have a few names in our computer to call and if none of them want the deer, it lays there until the highway department comes and disposes of it. Wanton waste? No. A shame that deer get hit by vehicles on a regular basis. Yes. Same situation to me. Working for a game and fish dept, he probably deals with a lot of situations where deer or other animals are killed and the meat is not consumed. It is not the officer's responsibility to make sure that every animal he deals with is used or consumed by someone. He did his job in this incident.


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## Mr. Lee (Oct 12, 2002)

It would appear to me....that some will exonerate any officer of the law......no matter how poor his judgement is. We all know that....with any profession.....there will be a few bad apples.

This is the second time he has made extremely poor judgements. How many other poor judgements has he made? Maybe it will be his last poor judgement....but then again....who knows what he will do next?

He could make a poor judgement against each and everyone of us.....even if we are doing nothing wrong. Who knows.

I refuse to believe all of those who carry the badge are worthy of it. Most are...but this guy is getting a track record that makes me wonder.


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## gaddyshooter (Oct 12, 2003)

It seems that not all people believe that he made any "bad judgements". He is justified in doing everything that he did in this case. You don't have to agree with or even like it.


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## Ron Gilmore (Jan 7, 2003)

Mr. Lee in regards to the NB bust of your buddy. He checked other G/O who where using the same storage building. But none of them where sited because they followed the law!!!!!!

THE ONLY POOR JUDGMENT I HAVE HEARD OF IS THAT OF TODD! And that of his defender trying to make it appear the CO was over zealous in his duty!

I will take the word of a person who was there, who was also checked, and who had warned Todd of his actions and practices a week prior and a day prior. The more I have found out about that whole deal the more disgusted I become.

We have discussed the issue of Todd on other forums, I will give you a little advice. Few hear share the same view that you have portrayed. Ethics is high on this site. By the way how are you coming on your goal of shooting 1500 birds this year!


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## hothonkers (Sep 13, 2005)

It really doesn't matter what game wardens and CO's do, there are people on here who will defend them to their death. When they are in the wrong, say they are in the wrong.

I'm not sure what this story has to do with Mr. Siemers.


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## Ron Gilmore (Jan 7, 2003)

Hot honkers, what this has to do with Todd is that Walleye came on and defended Todd after he had plead guilty and was guilty of the charges in NB. The warden that wrote that ticket is the same warden in this case. It is Walleyes attempt to discredit the Warden.

So when I simply made a phone call I got the info on the situation and if you notice we have heard nothing since from him on this issue. That does not mean we will not.

Mr Lee is new to this site, he was also a defender of the actions of Todd on other sites. Now I have asked where those defenders there? Having hunted with someone who was I got a lot different overview of the situation.

CO can and do make mistakes, they are human. Walleye kept saying that the warden broke laws. Those of us defending the warden are pointing out that from the info we have no laws where broken. Could better handling occurred? I and others have pointed we thought maybe so.

I lived in WI and fully understand over the top Game Wardens but the fact remained the law is the law. If I do not like the law I need to follow the process and get it changed if I can. In the meantime I must follow them.

Yes you are right some will defend law enforcement even when they are wrong, but some seem to defend every game breaker the same way. Heck we even have a lurker that pops in and defends Sheldon as being a stand up guy now and again!


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## Mr. Lee (Oct 12, 2002)

For starters....I do not know Todd.

I do not defend most lawbreakers as most deserve what they were charged with.

But this guy from Nebraska seems to be making the news to much for me to feel confident that he is a stand up guy. Maybe his....and time will tell.

I have ran into my fair share of Cos and Police officers in my time. I hunt alot and get checked alot. I also speed almost everywhere I go...and get pulled over often. Only once has the officer been unworthy of his badge. This guy was looking for someone to beat up and kept trying to egg me on so he could lay some hurt on me. Totally uncalled for and a disgrace to his profession.

Thats all. Oh....almost forgot...we are about halfway to our 1,500 bird total. Looks like we will need to put the smackdown on the snows this spring bigtime!


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## ND decoy (Feb 1, 2003)

It looks to me that the warden made a judgement call, and like most judgement calls some body didn't agree with it. Could he have handled it better? Maybe, I don't know I wasn't there. But lets remember that this guy has made a career out of protecting our sport so maybe he deserves the benefit of the doubt.

I don't think the case against Siemers was a judgement call and they don't have any thing to do with each other.


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## orionthehunter (Dec 15, 2005)

I have read through this and alls I have to ask what would the gamewarden do do you if you did the same thing


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## curty (Sep 18, 2003)

orionthehunter said:


> I have read through this and alls I have to ask what would the gamewarden do do you if you did the same thing


We would be breaking the law if we did the same thing. Thats why you are supposed to call them if you run into the situation. Its thier decision as to what to do at the time.Thats one of the things they are paid to do make judgement calls at the moment.
Were the deer near death already?
Would cutting them apart be a safe to do alone?
Were they already injured?

For the most part we have to rely on the common sense of the Officer and hopes he or she makes the right decision.


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## jonesy634 (Dec 19, 2005)

Hello all,

I am the granddaughter of the land owner in this case. After doing a search on Jeremy Ten Kley, I found this and thought it was interesting that this case is of interest to so many people.

The problem with what Mr. Ten Kley has done is that he didn't contact my grandpa (or uncle.... my uncle is Fred Wright, who owns the property with my grandpa) and left the carcasses to rot. After they found the carcasses, they called Mr. Ten Kley to report the issue. He admitted that he was the one who did it and when my grandpa asked "Why wasn't I (the landowner) notified of this?" his response was "I didnt know who owned the property." Now that is a load of crap, because as a game warden he has immediate access to that information. He apologized for not removing the carcasses and then later that afternoon went out and removed them.

Anyway, I just thought it was interesting that you guys were discussing this and wanted to share my bit.


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## always_outdoors (Dec 17, 2002)

jonesy: How did you come about to learning that we were talking about this??


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## jonesy634 (Dec 19, 2005)

I google searched "Jeremy Ten Kley" and this thread was the first result.


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## walleyesandwings (Sep 12, 2005)

Thank you for the response Jonesy. So what do you think about the situation? Is Ten Kley going to get into any trouble over this? Or is your grandfather just going to let it go? I am glad that we agree on the topic though.


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## djleye (Nov 14, 2002)

I would love to see the numbers of the above two. I bet they are the same!!!!


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## always_outdoors (Dec 17, 2002)

That is funny. I typed in "Jeremy Ten Kley" and the first one I saw was his bio at the Nebraska Game and Fish. The second one was a post on some biggame website siting his arrest of Todd Seimers.

:gag:


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## g/o (Jul 13, 2004)

I did a Google search and this thread was number one. As a landowner I would be upset if I found something like that also. I think the officer out of common curtisy should have contacted the landowner.


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