Area big-game hunter tries to quash evidence

By Jim Tiffin
Cibola County Bureau

GRANTS — A motion to suppress evidence in a case set for trial on Jan. 7, was filed on behalf of Kirt Darner by Albuquerque attorney Bill Ray Blackburn Wednesday.

Darner was indicted in February 2006 by the 13th Judicial District grand jury on 20 counts relating to receiving stolen property, one each Desert Bighorn sheep and Rocky Mountain sheep skulls; conspiracy to transport livestock; tampering with evidence; transportation of stolen livestock, live bull elks; unlawful possession of big game, live bull elks; failure to submit an invoice for sale of game, live bull elks; and failure to have two forms of identification and health certificate.

If prosecuted on all counts and convicted, Darner faces up to 43 years and 354 days in state prison, up to a fine of $58,000 or both.

Darner will be tried in 13th Judicial District Court in Grants by Judge Camille Martinez-Olguin.

In 2005, Darner informed the state Game and Fish Department he was ending the big game business at his game park and planned to leave New Mexico.

Concern about the disposition of any elk possibly still in the park made the department send a Game and Fish officer to investigate, according to court records.

During subsequent investigations and search warrants, two sheep skulls were found but no elk, which was the original reason stated for a search warrant, according to court records.

In the motion to suppress, Blackburn maintains the skulls were illegally seized and that all information seized and developed as a result of the search warrant is illegal and should not be allowed to be presented by the prosecution.

Four years prior to the incident in 2005, two sheep skulls were found in Darner’s possession by Game and Fish. The skulls were seized and he was asked to sign and agree to state laws regarding the possession of sheep skulls, which he did, court records state.

Game and Fish officers unconstitutionally used the previous information about sheep skulls to “broaden an unrelated search pertaining to elk in an all-out fishing expedition without informing the judge that the issue had been resolved years ago,” Blackburn states in his motion.

Blackburn is saying that if the judge issuing the search warrant had knowledge that the sheep issue was several years old, the judge would not have issued the search warrant.

“Thus, this was a material omission ... Accordingly the evidence should be suppressed,” Blackburn states.

Several out-of-state customers of Darner’s have been subpoenaed and the prosecution also plans to have expert witnesses from Game and Fish and crime labs to testify.

District Attorney Lemuel Martinez said the Game and Fish officers who worked on the case did an outstanding job documenting the case.”

“The prosecution intends to try to win a victory in each count and will ask for the maximum penalty if Darner is convicted,” he said

To contact reporter Jim Tiffin call (505) 287-2197 or e-mail: jtiffin.independent@yahoo.com.