Warden Tales: Spotlighters, Wet Pants and Body Cameras

Throughout my wildlife career I had several concerned citizens who were truly force multipliers.  They were eyes and ears in their communities who would pass along information that made my job easier.  Some were simply busy-bodies who enjoyed telling all they knew about their neighbors.  Others were jealous of those who encroached on their hunting or fishing spots.  An informant's motivations were about as varied as the sources.

The sometimes difficult part of dealing with informants was gauging what information was solid, what was embellished, and what was speculation.  Most people want to help so they have a tendency to fill missing information with speculation.  But, a few gave accurate details and would acknowledge when they didn't know something. 

wikipedia.org

I had a guy in eastern Rutherford County who was the perfect informant.  He didn't care what happened outside his community – that was someone elses’ concern.  There were some illegal activities that didn’t especially bother him.  But he despised spotlighters along his road, hunting “his” deer, who woke him up at night.  Anytime he called, I went running his way.

He called one fall night around midnight and told me that he had heard a shot in the alfalfa field just down the road from his house.  He had looked out his window to see the car drive past his house and then moments later it returned, passing by the field.  He said he would keep a lookout until I arrived and I quickly threw on my uniform.

It took about 20 minutes to get to his house and he met me in the drive behind his house.  He told me the car had driven through again about five minutes earlier but didn’t stop.  As we were talking, the car passed again heading toward the field.  I pulled out to the end of the drive in time to see them shine the field with a spotlight and then pull crossways so that the headlights shined into the field.  I drove toward them quickly, flipped on the bluelight, and pulled the front of my truck near the side of the passenger’s door.

The driver jumped out and yelled across the roof, “I have to piss.”  The passenger looked at me with a blank expression and slowly leaned forward to reach under the seat.  I drew my pistol and ordered the driver to place his hands on top of the car and for the passenger not to move.  The driver once again, with more urgency (probably induced by having a pistol pointed his way) yelled, “I really need to piss.”  I emphasized more strongly for him not to move.  The passenger continued to stare at me as his hands neared the floorboard.

It was a moment where everything became extremely clear and all my senses were accentuated.  I told the passenger that unless he stopped, his hands came up very slowly and he placed them on the dash of the car, I was going to shoot him.  I felt the slack go out of the trigger on my pistol as I pulled the trigger rearward. The driver’s voice, still saying something about pissing, seemed distant and muffled.  The passenger raised up (he still hadn’t spoken a word) and placed his hands on the dash.  I got both out of the car and placed them in handcuffs.  The driver’s pants were soaked.

I secured them and was eager to see what the passenger was so intent on getting his hands on.  I envisioned a pistol or drugs.  It turns out there was nothing under the seat - not as much as a gum wrapper.  I asked him what was he thinking and he dully replied, “I dunno.” 

I thought about that story this week after reading this article from PoliceOne about President Obama’s thoughts on the use of body cameras by law enforcement officers.  The article opens with the statement,

“Requiring police officers to wear body cameras is one potential solution for bridging deep mistrust between law enforcement and the public, the White House said, weighing in on a national debate sparked by the shooting of an unarmed black man last month in Ferguson, Missouri.”

www.digitalallyinc.com

I thought about how close I came to shooting an unarmed teenager and how difficult it would have been to articulate to a non-law enforcement audience why I shot him.  His buddy was yelling, I was yelling – maybe he was confused.  I was in an unmarked vehicle with a dashmounted light, pistol drawn, trying to hide (take cover) behind an open truck door on an isolated country road after midnight – maybe he was scared that I was going to rob them.  The maybe list is long.  A body camera would have shown what I saw and recorded what was said.  Hopefully, it would have given clarity to a chaotic situation.

But what about the guy who pissed in his pants?  He was young and dumb – a situation most of us have passed through.  How long should that recording of his young and dumb moment be stored?  Who should have access to it?  Should he be concerned for the rest of his life that that video may surface at an embarrassing moment?  And would I have possibly shown the video to my informant and coworkers just for laughs and giggles?  Another long list of questions.

Body cameras are a great idea.  But as with any new technology, current policy and procedures can’t adequately address all concerns.  Let the cameras roll but let’s be sure we do it right.

Operation Something Bruin: Winning and Losing

Back in May, I wrote of The Great Diversion.  I attempted to capture how attorneys and family members of some of those charged in Operation Something Bruin (OSB) were attempting to muddy the facts by diverting our attention to a variety of ancillary issues.  In that piece I pointed to the media dog piling with these misrepresentations and outright lies.

It is fascinating how we allow the media to twist the facts to support their viewpoint.  This week wrapped up a week-long trial involving three OSB defendants charged with felony Lacy Act violations.  On Monday 9/8/14, WLOS reporter Mike Mason reported that all three men were "Found not guilty by 11 jurors."  Mason failed to mention that two of the three were found guilty of misdemeanor Lacy Act violations which carries a potential penalty of one year imprisonment, a $100,000 fine, a loss of hunting privileges, and banishment from National Forests.

Geroldo Rivera
www.emmytvledgends.org

We shouldn’t expect much more of Mason.  In “gathering” fodder for a previous report Mason knocked down Sgt. Chad Arnold’s father, leading to assault charges being brought against Mason. Mason in turned alleged that Sgt. Arnold assaulted him though no charges were ever filed.  I suppose he envisions himself as an Asheville version of Geraldo Rivera.

Rusty McLean

Then there is Waynesville attorney Rusty McLean.  McLean has directly or indirectly represented several defendants in this case and other bear hunting incidents.  Most notably, McLean represented defendants in a Hyde County case where he contended that wildlife officers were trespassing on private property while investigating the violation.  The case wound its way through a series of appeals that led to case law clarifying that officers can enter onto property under the open fields and woods doctrine even though there are signs prohibiting trespass. 

From www.grnc.org

Grass Roots North Carolina and its president Paul Valone also joined the party by issuing “alerts” on 2/13/14 (Has Ruby Ridge Come to NC? ) and on 4/26/14 ("Something Bruin" Is Out of Hibernation).  These “alerts” are a call for members to copy and paste a message that was to be emailed to a variety of public officials.  Both contain inflammatory language that appeals to the far right.  Valone describes OSB as, “Heavily armed government agents storming family homes, entrapment, and false charges.”

And preceding all of this on January 18, 2014 was a public forum held at Swain County High School to air grievances about OSB and the manner in which the investigation was conducted.  Attending the meeting were N.C. Sen. Jim Davis, R-Franklin, N.C. Rep Joe Sam Queen, D-Waynesville, and Cherokee Chief Michell Hicks.  All three “pledged to look into the concerns and complaints that they had heard from people.”

The thing that angers (and saddens) me about the folks mentioned above is how it brings to mind accounts of how those in the mountains have been exploited over the years.  The Cherokees were forcibly removed by the government, in part because of gold discovered on their lands in Georgia.  Timber companies from around the world bought thousands of acres in the late 1800s and early 1900s from locals who had little idea of land or timber values.  They stripped the hillsides bare, leading to stream siltation and other environmental concerns before moving on to another location.

I love the people of the southern Appalachians.  They are true to their Scots-Irish/Native American roots – stubborn, fiercely independent, wary of outsiders, and feeling a strong connection to the land where they live.  Yet they are often their own worse enemies with a propensity for self-destruction.  The politicians, reporters, attorneys, rabble rousers and others have taken those sentiments and whipped the people into a frenzy - “The government is out to get you;” “I wouldn’t take that shit from anyone;” “The government stole this land from your people – it and everything on it belongs to you.” 

But this “support” is self-serving.  The politicians want votes.  In mountain counties, a handful of votes can swing an election.  WLOS and Mike Mason want to generate controversy because controversy equates to viewers and viewers bring in advertising revenue.  Paul Valone needs people to donate to the cause so “the cause” has to be put out there often whether it exists or not.  And Rusty McLean files motion after motion because billable hours puts money in his pocket.

In many ways, the officers most closely involved in this case and the defendants are cut from the same cloth – stubborn, a refusal to back down, and a passion for the resources.  While they may disagree on points of law, they are part of the same community.  Their kids go to school together and play on the same sports teams.  I recall an old logger talking about “fureigners to these mountains.”  I thought he was talking about someone from another country.  He meant anyone that wasn’t from right there in the mountains (including me).  His point was people from outside that community (or those with desires outside the community) change everything.

As I have mulled over the most recent events of OSB, I thought back to a conversation I had with a wildlife violator from Graham County in the early days my career.  I charged him under similar circumstances two years in a row for taking deer during the closed season.  While at the magistrate’s office he told me, “This is all just a game.  I play half and you play half.  Sometimes I win – sometimes you do.  It ain’t nothing personal.”  The thing I remember most about that conversation is how he wasn’t upset that he was charged.  He wasn’t even upset with me.  Sometimes you win and sometimes you lose. 

It is often said that there are no winners or losers in these situations.  In Operation Something Bruin that is not exactly true.  In this case those profiting are obvious.  They are reporting the news, being quoted in newspaper articles, lining their pockets with cash and turning a bear hunting investigation into a gun rights issue.

Conservation of our natural resources goes beyond winning or losing.  It boils down to an issue of stewardship.  I am proud to be associated with the officers in this case.  They are true stewards.

Warden Tales: Robert B. Hazel - Biologist/LE Chief/Executive Director

“And I heard the voice of the Lord saying, “Whom shall I send, and who will go for us?” Then I said, “Here I am! Send me.” Isaiah 6:8 ESV

It seems that each writer on the subject has their own definition of leadership.  One of my favorites is by John Maxwell who says, “Leadership is influence: nothing more and nothing less.”   Organizational consultant, Warren Bennis says “Leadership is the capacity to translate vision into reality.”  Another common theme of leadership is inspiration.  As is often the case with many aspects of life, it is sometimes easier to recognize one who exercises leadership, than it is to define the activity.

Robert Boyd Hazel

Robert Boyd Hazel was born on a small dairy farm in Madisonburg, PA on June 5, 1922 .  After two years of studies at Penn State University, he enlisted in the Army Air Corp in 1942.  He was commissioned as a 2nd Lieutenant in 1944 and served with the 386th Bomb Group, 9th Air Force, flying a total of 37 missions in Europe at the controls of a B-26 Marauder and an A-26 Invader.  After his military service, Hazel returned to Penn State, completing his undergraduate work and then obtaining his graduate degree.

Hazel moved south and went to work with the North Carolina Wildlife Resources Commission (NCWRC) in 1950.  He worked as wildlife biologist in Kinston and Morganton before assuming leadership of the NCWRC’s small game restoration efforts.

In 1956, Bob Hazel, became the assistant chief of the NCWRC’s Protection Division.  He flew as part of the law enforcement operations.  In 1959, with three years of law enforcement experience, Hazel, age 37,  was promoted to chief of the Division.  D-8 supervisor Don Curtis was promoted as his replacement as assistant chief.  Over the next ten years, Hazel penned numerous articles for Wildlife in North Carolina.

Hazel and former chief, Ben James - 1959
from Wildlife in North Carolina

New Assistant Chief, Donald E. Curtis
from Wildlife in North Carolina

A new position was formed in 1969 - assistant director in charge of all NCWRC field operations.  Hazel was selected to fill this position.  Retired chief of the Division of Wildlife Management, Hal Atkinson, recalls Hazel being well suited for this role.  Atkinson said that Hazel’s biological background, coupled with his law enforcement experience gave him a unique skill set that understood the intricacies of wildlife management and the practical implications, and applications, of the laws needed to implement those management plans.

Hazel was promoted to executive director of the NCWRC in 1976, replacing Clyde Patton who served in that role since 1947.  Hazel was quoted in a 1976 issue of the Burlington Daily Times; “My hope is to not only continue the outstanding wildlife conservation program built by Clyde Patton, but to work cooperatively with the sportsmen and other interested citizens…to meet the broadening needs of wildlife conservation in the years ahead.”  Hazel saw the need for broadening the constituency base and recognized that a successful wildlife conservation program required constant adaptation.

Burlington Daily Times
November 7, 1976

Hazel served as executive director for four years.  Retired wildlife officer Fred Weisbecker described Hazel as “a class act” and as “a leader who communicated well and connected with field staff.”  Atkinson said that in the end politics got the best of Hazel.  Hazel went on to join the faculty of the N.C. State University College of Natural Resources and served as an adjunct professor at Duke University.  He maintained his love of flying his entire life and flew until he was 80 years old.

Bob Hazel exhibited the qualities we instinctually look for in a leader.  He was a visionary with great influence.  His story is inspiring.  But, the trait that may be most striking was his willingness to take risks and step outside those areas where he may have been most comfortable.  I imagine the cockpit of a B-26 Marauder was much more stress filled than his dorm back at Penn State.  It may have been much more comfortable to remain with the small game program instead of shifting directions and stepping into a high level law enforcement position with no law enforcement background.  And after seeing Mr. Patton lose his battle with politicians, it would have been much easier to stay safely in the assistant director's chair.

Comfort may be the biggest obstacle for potential leaders to overcome.  It is easy to get sucked into staying safely where we know the job before us and what to expect each day when we go to work.  But, leaders, true leaders, have no qualms in raising their hands and saying, “I will do it.  Send me”


Sources:
Wildlife in North Carolina
Burlington Daily Times
Montlawn Funeral and Cremations Obituary retrieved from www.montlawn.com