Poacher Sentenced - Does the sentence fit the crime?

September 25, 1996 8:30 PM MST
by Lee Lasson
Estes Park, CO.

Randal Francis, the 35-year-old Lakewood man guilty of poaching Samson, the trophy elk, was sentenced today on the charges of "Willful Destruction of Wildlife" in Larimer County District Court.

Judge John-David Sullivan sentenced Francis:

• 90 continuous days in county jail.
• No work leave allowed.
• $6,000 fine.
• Approximately $2,300 in court costs.
• Six years probation under "Intensive Supervision program (ISP)"
• Sixty hours of community service for the next six years.
• Loss of all hunting privileges for 6 years (and possibly for life).
• Can not have any weapons of any kind. Including pocket knives, bow and arrows. The Judge said "the only knife he can use is a kitchen knife in the kitchen.
• Must maintain minimum employment to meet the conditions of probation and to pay the fines.
• Must attending any counseling required by his probation officer.
• Loss of all driving privledges for the next two years. He can not drive a motor vehicle because a vehicle was used in the poaching.
• Confiscation of the rifle and the crossbow that most likely will be destroyed.

According to Jim Boyd, an area resident and contributor to the Estes Park On-Line Samson Web Tribute addressed the court asking for the maximum sentence. Boyd worked at the YMCA of the Rockies where Samson was a frequent visitor. Boyd explained to the court who Samson was and "Was so trusting of people that he could have walked up to Samson and slit his throat. There was no sport in the killing."

As reported July 17, 1996 in the Trail-Gazette article "Slayer of 'Samson' Enters Guilty Plea" by Jackie Hutchins: "Under the plea bargain agreement, Francis could be ordered to pay a fine of up to $100,000, and sentenced to jail, the Community Correction program or probation. If a jail sentence is ordered, the parties have agreed he can serve it in the county jail, rather than being incarcerated in state prison by the Department of Corrections. However, if Francis violates the law or the court-imposed conditions, a sentence of up to three years in state prison would be available to the sentencing judge."

During the sentencing, Judge Sullivan listed Francis's dozen misdemeanors in five Colorado counties and three Class 4 felonies including burglary and theft.

Jim Boyd said that he was disappointed with the plea bargain but satisfied with the sentence given the constraints of the plea bargain.

Hopefully today's sentence will send a strong message to all poachers that poaching simply isn't worth it.

Join in the discussion and give us your reaction to the sentence