Man appeals sentence for selling antlers

[allingeneral]

A Churchville taxidermist has appealed three convictions for illegal sales of “road kill” deer antlers.

http://www.newsvirginian.com/wnv/news/l ... ers/41360/

Last month, an Augusta County judge found Jon Goble, 46, guilty of selling antlers and not guilty in the sale of a mounted black bear to an undercover officer from the Department of Game and Inland Fisheries.

The sale of animal parts is illegal in Virginia unless authorized in state code.

At trial, that law code, more so than facts, kept attorneys at odds before Judge Victor V. Ludwig convicted Goble on two misdemeanors and one felony for antler sales.

Attorneys agreed the code might be imprecise, an argument used by defense attorney Dana Cormier in his motion to reconsider the judgment.

The motion points to another section of code that names deer carcass parts, including antlers, as legal to import and possess. Cormier also argues that antler sales, via eBay, did not occur in Virginia. Ludwig rejected that argument. And Cormier describes a federal case that “noted ambiguity” in the animal parts state code.

Cormier wants the convictions overturned or the felony reduced to a misdemeanor. Assistant Commonwealth’s Attorney Robin Boylan has not filed a response. A July 1 hearing was cancelled, as Ludwig will rule on written arguments alone.

Cormier said at trial that Goble’s business has been destroyed and the man’s hunting license and ability to own a firearm depend on whether he is convicted.

When officials searched Goble’s home, they seized bobcat and coyote pelts, a frozen federally protected barred owl, numerous “road kill” antlers and computer records.

[Fordmechanic]

Guilty until proven innocent