Court sets aside conviction in grizzly shootings
Daily Inter Lake and Associated Press | Hagadone News Network | UPDATED 7 years, 2 months AGO
BILLINGS — A federal appeals court has set aside the conviction of a Ferndale man who shot three grizzly bears that he claimed killed some of his chickens.
A three-judge panel of the 9th U.S. Circuit Court of Appeals ruled Wednesday that a magistrate judge erroneously rejected Dan Calvert Wallen’s contention that he killed the bears out of fear for himself and his family.
Wallen was found guilty in a bench trial by a single judge in May 2015 of killing three grizzly bears a year earlier in the Ferndale area with a .22 rifle. The bears had been getting into his chicken coop. Wallen claimed the bears were 20-30 feet away when he fired the final shots and were a threat.
Under federal law, lone judges can consider misdemeanor cases in federal court in which a defendant faces “petty” consequences, which are defined as a maximum sentence of six months of incarceration and a fine of up to $5,000. Wallen’s attorney argued that he should have been granted a trial by a jury of his peers because his sentence – $15,000 in restitution and three years probation – was beyond the measure of “petty” consequences.
Prosecutors had argued that conflicting statements from Wallen after the killings undermined his claims of self-defense. But the panel said Wallen could make such claims even if his fears were unreasonable.
The decision sends the case back to a lower court for a new trial.
MORE IMPORTED STORIES
ARTICLES BY DAILY INTER LAKE AND ASSOCIATED PRESS
NW Montana Shopko stores to remain open
Though more than 100 Shopko stores across the country are closing after the retailer filed for Chapter 11 bankruptcy protection on Wednesday, the stores in Kalispell, Whitefish and Libby will remain open. The Wolf Point and Plentywood stores are the only Montana locations closing.
Payless closing mall, Shopko shoe stores
Kalispell Center Mall’s Payless ShoeSource is holding a clearance sale for its final weeks of operation.
Nationwide closure to affect local Dressbarn
Kalispell’s Dressbarn store will be among those affected by the announcement last week that the women’s clothing chain expects to close its 650 stores by the end of 2019.