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District attorney responds to game commission
By Mark T. Aaron, District attorney, Clarion County


In the recent WTAE news segment regarding the actions of the Pennsylvania Game Commission in Clarion County, I appeared and stated, “I wish the game commission would take a serious look at is going on here in Clarion County regarding Officer Bimber and the enforcement of the Game Law here in Clarion County.”

As expected, my request fell on deaf ears, as it has been the consistent policy of the game commission to ignore all complaints and to try to shout down anyone who criticizes their officers. 

In attempting to defend the actions of WCO Bimber, Mr. Jerry Feaser (game commission spokesperson) unashamedly exploited the drowning of a young man that took place near the location where an  incident described in the news segment took place.

The drowning was completely unrelated, and took place months after, the infamous “swimmers” incident. This tragic death was clearly exploited to deflect attention from the real issue of the game commission’s tactics in Clarion County .

Exploiting a tragedy is an often used, but nevertheless despicable, tactic.  Tragic deaths as a result of homicide, DUI, and other crimes happen far too often.

Despite the emotion involved in these felony and misdemeanor cases, the law relative to jurisdiction and due process is not suspended due to the fact that a tragedy occurred.

It appears that Mr. Feaser is actually suggesting that the game commission is above the law because of WCO Bimber’s “concern for public safety.”   

Mr. Feaser’s statements regarding the authority of the game commission to enforce the Crimes Code “within the scope of their employment," are misleading.  He attempts to have the reader believe that the game commission has broad powers to enforce the Criminal Code, and quotes the very language of the Game Code that limits their authority.

All criminal statutes regarding jurisdiction, are strictly construed. The language “within the scope of their employment” is language that limits the power of the game commission, not a broad grant of power, as Mr. Feaser would have you believe.

Courts across the commonwealth have consistently construed this provision as a limitation of the game commission’s authority. 

However, in Clarion County in particular, the game commission refuses to accept this limitation upon their law enforcement duties, and on many occasions engages in activities which should be handled by local law enforcement or the State Police.

In fact, HB 1865 has been introduced into the legislature to remove this restriction on the game commission.

This bill would replace the “within the scope of their employment”  language with “in the performance of duty.”

The effect would be to increase the powers of the game commission officers to powers similar to a state trooper. Those concerned about this issue should contact their legislators to express their opinion on this huge expansion of game commission powers. 

I did dismiss citations issued by the game commission for allegedly riding horses on game lands.  This was done because I believed, and still believe, that it was the proper action to take.

The citations were dismissed after consultation with WCO Bimber, interviewing the operator of the horse ride Ray Smith, and speaking with several of the persons cited.

I have also been to the game lands to examine the trails in question. In other words, I investigated both sides of the story.

Somehow I doubt Mr. Feaser’s information came from any source other than WCO Bimber. 

On television, Mr. Feaser indignantly stated that if “the judges and the district attorney do not want to enforce the law, the game commission will not abdicate its duties.”

The problem is that the game commission has been misconstruing the law and its duties for years in this county.

For years I and others have repeatedly attempted to address game commission tactics directly with their officers and representatives.

The comments of the game commission spokesperson reveal the attitude the game commission has displayed every time the issue of abuses in Clarion County comes up.

The game commission steadfastly refuses to engage in any meaningful self-examination of their own actions.

For years, they have consistently blamed the district attorney, the district justices, the judges, and the other “outlaws” that populate Clarion County who “just don’t appreciate what the game commission is trying to do” for us.

Mr. Feaser, I will not abdicate my responsibilities either. I will dispense with my duties as the chief law enforcement officer of Clarion County as I was elected to do.

If citizens are being abused or citations are improper it is well within my right to take appropriate action – end of issue.

However, I believe the people of Clarion County would like an explanation as to just how forcing young women to stand around in their underwear, belittling a cancer victim, and refusing to “verify” any complaints about the game commission from Clarion County, furthers the game commission’s purpose to enforce the game code and “protect resources.”

 

 

 

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Copyright 2001

 



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