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Opinions District attorney responds to game commission
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 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 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 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 Mr. Feaser, I will not abdicate my responsibilities either.
I will dispense with my duties as the chief law enforcement officer of 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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