They actually caught an ATV'er where he shouldn't be. Sure the guy was dumb enough to carve the trail to and from his property but the federali's put all the pieces together. I'm amazed and ecstatic about the outcome. Stiffer penalties would be nice but at least it's something.
http://bozemandailychronicle.com/articles/2010/01/16/news/400mclainsentencing.txt
Francis Leroy McLain was sentenced in federal court in Billings Thursday to five months in prison for building an illegal ATV trail in the Gallatin National Forest near Livingston, federal prosecutors said Friday.
U.S. Magistrate Judge Carolyn Ostby also ordered McLain to pay a $2,000 fine and $25,000 in restitution for the misdemeanor crime, according to a statement from the U.S. Attorney?s Office for the Montana District. McLain had earlier pleaded guilty.
?The court's decision was the first step towards restoring the damage caused by Mr. Mclain,? Ron Archuleta, Livingston District Ranger said Friday. ?We have a lot of restorative work ahead of us.?
The illegal trail in the south fork drainage of McDonald Creek in the Paradise Valley was first reported to the U.S. Forest Service in July 2006, according to Gallatin Forest spokeswoman Marna Daley.
A day later, a patrol captain found the mile-long trail and ?observed ATV tracks coming from McLain?s property and continuing along the illegal trail,? the U.S. attorney?s statement said. ?The fence between McLain?s property and Forest Service land had been cut, the wires were pulled back and posts had been pulled out of the ground.?
The patrol captain followed the trail to its end, where he found two chain saws, trail construction tools and ?evidence of recent chain saw work,? according to the statement.
The captain matched the chain saw serial numbers to equipment owned by McClain, saw three ATVs parked on McLain?s property, and saw ATV tracks headed toward the illegal trail leaving McLain?s house.
A neighbor also told investigators he had seen the trail and heard a chain saw the previous November. He also saw a man cutting and clearing trees with the chain saw. The man introduced himself as McLain, and ?told the neighbor that he wanted to build a trail through the forest and across neighboring lands so he could venture into the forest to see more sights, animals, and wildlife,? according to the statement.
The 6-foot-wide trail spanned about a mile to a mile and a half. Adjacent trees had been substantially damaged and downed trees piled up in the area. Forest experts said it would cost $7,627 to get rid of all the ?bucked material? and $25,958 to restore the land and prevent further erosion in the south fork of McDonald Creek.
Daley said McLain ?inflicted serious resource damage? to the area.
?These types of illegal trails are not uncommon on National Forest System lands,? Archuleta said. ?They are usually located in the worst possible sites causing erosion and weed infestations.?
The investigation was conducted by the Forest Service law enforcement division.
http://bozemandailychronicle.com/articles/2010/01/16/news/400mclainsentencing.txt
Francis Leroy McLain was sentenced in federal court in Billings Thursday to five months in prison for building an illegal ATV trail in the Gallatin National Forest near Livingston, federal prosecutors said Friday.
U.S. Magistrate Judge Carolyn Ostby also ordered McLain to pay a $2,000 fine and $25,000 in restitution for the misdemeanor crime, according to a statement from the U.S. Attorney?s Office for the Montana District. McLain had earlier pleaded guilty.
?The court's decision was the first step towards restoring the damage caused by Mr. Mclain,? Ron Archuleta, Livingston District Ranger said Friday. ?We have a lot of restorative work ahead of us.?
The illegal trail in the south fork drainage of McDonald Creek in the Paradise Valley was first reported to the U.S. Forest Service in July 2006, according to Gallatin Forest spokeswoman Marna Daley.
A day later, a patrol captain found the mile-long trail and ?observed ATV tracks coming from McLain?s property and continuing along the illegal trail,? the U.S. attorney?s statement said. ?The fence between McLain?s property and Forest Service land had been cut, the wires were pulled back and posts had been pulled out of the ground.?
The patrol captain followed the trail to its end, where he found two chain saws, trail construction tools and ?evidence of recent chain saw work,? according to the statement.
The captain matched the chain saw serial numbers to equipment owned by McClain, saw three ATVs parked on McLain?s property, and saw ATV tracks headed toward the illegal trail leaving McLain?s house.
A neighbor also told investigators he had seen the trail and heard a chain saw the previous November. He also saw a man cutting and clearing trees with the chain saw. The man introduced himself as McLain, and ?told the neighbor that he wanted to build a trail through the forest and across neighboring lands so he could venture into the forest to see more sights, animals, and wildlife,? according to the statement.
The 6-foot-wide trail spanned about a mile to a mile and a half. Adjacent trees had been substantially damaged and downed trees piled up in the area. Forest experts said it would cost $7,627 to get rid of all the ?bucked material? and $25,958 to restore the land and prevent further erosion in the south fork of McDonald Creek.
Daley said McLain ?inflicted serious resource damage? to the area.
?These types of illegal trails are not uncommon on National Forest System lands,? Archuleta said. ?They are usually located in the worst possible sites causing erosion and weed infestations.?
The investigation was conducted by the Forest Service law enforcement division.
