One of two men found guilty of illegally shooting a mountain lion near Mount Rushmore National Memorial in January 2009 lost his hunting privileges for one year and was fined $750 on Wednesday.
A jury convicted Shannon D. Homan, 40, of Box Elder, last week of unlawful possession of big game.
Homan’s co-defendant Tyler Krebs, 22, was also found guilty, but his sentencing was continued to a later date.
Homan and Krebs are still awaiting trial in federal court for violating the Lacey Act by illegally killing the animal on federal property. A federal jury trial was previously scheduled for August 2010, but the federal case has been waiting for the resolution of the state charges.
Homan and Krebs were charged after authorities determined that the lion they brought in for inspection during the state’s 2009 mountain lion season was actually shot within the boundaries of the memorial.
Homan’s attorney asked for suspended jail time because his client is still facing an additional state charge for driving under the influence and considerable attorney’s fees.
“He’s had no prior hunting violations,” Bryan Andersen said.
At the most, Homan helped load the animal and operated a predator call, Andersen said.
Pennington County deputy state’s attorney Josh Hendrickson reminded the judge that until 2007 a conviction for the unlawful possession of big game included a mandatory three-day jail sentence.
“I think there’s been an extreme lack of acceptance of any responsibility in this case,” Hendrickson said.
Magistrate Judge Scott Bogue did give Homan a 90-day suspended jail sentence for the Class 1 misdemeanor. Homan was also ordered to pay $149.04 in court costs and court-appointed attorney’s fees of more than $800.
Contact Andrea Cook at 394-8423 or andrea.cook@rapidcityjournal.com.
http://www.rapidcityjournal.com/news/article_a0197664-9233-11e0-bee3-001cc4c002e0.html
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