Game park owner faces Oct. 14 sentencing

Copyright © 2008
Gallup Independent
By Jim Tiffin
Cibola County Bureau

GRANTS — Former big game park owner Kirt Darner, of Grants, will be sentenced Oct. 14 by 13th Judicial District Judge Camille Martinez-Olguin, in a case that lasted more than two years with trial dates being postponed and reset at least five times.

Darner was initially charged in connection with 20 felonies and misdemeanors in a case where he allegedly illegally possessed big game sheep heads and transported and possessed elk in his park, which were unaccounted for on Mount Taylor.

Darner pleaded guilty to a deal with the district attorney’s office on June 23, resulting in being charged with one count each of possession of stolen elk, illegal transportation of stolen elk and one misdemeanor of no bill of sale.

The amount of time Darner could serve is up to in 4.5 years in state prison, as well as a major fine of up to $10,000 in addition to any fine the court imposes.

“This case shows that my office is committed to prosecuting any case involving illegal possession or transportation of wildlife, not only in New Mexico, but the region,” District Attorney Lemuel Martinez said.

Part of the case involved the theft of two big game sheep heads from a taxidermist in Colorado, which wound up in his possession in Grants, he said.

“The plea agreement, which Mr. Darner agreed to (June 23), was the original agreement offered within six months of his indictment in 2006,” Martinez said.

Darner’s Albuquerque attorney, Billy Ray Blackburn, who filed a number of motions in court, including motions to suppress evidence, keep expert witnesses from testifying and to dismiss the case, as well as Darner’s medical problems, held the case up until this summer.

Martinez-Olguin ruled at the end of May that Game and Fish agents could sit at the prosecution’s table while court was in session and denied the defense’s motions to dismiss the case and suppress evidence.

The original indictment included the following charges: Receiving stolen property (one each Rocky Mountain and Desert Bighorn sheep skulls), unlawful possession of big game (elk), transportation of stolen livestock (elk), conspiracy to transport livestock (elk), failure to submit an invoice for sale of big game (elk), failure to have two forms of identification (elk), and having no health certificates (elk).

The plea deal includes a $10,000 fine, over and above any fine levied by the court from the two felonies and Darner may not be allowed to hunt, guide or act as an outfitter, depending on the sentence.

“We intend to ask the judge for the full prison time,” Martinez said.

If Darner had been convicted on all the original charges he could have served a maximum penalty of nine days short of 44 years in state prison, a fine up to $58,000, or both.