Caribou hunters' traditional practice violated state law, judge rules

Published on February 4th, 2010

By VICTORIA BARBER

POINT HOPE - After three days in court, a year under charges and a year and half living in a village shadowed by a statewide scandal, Aqquilluk Hank, Chester Koonuk and Roy Miller were found guilty of failure to salvage in the conclusion of the Point Hope caribou trial Thursday.

In his concluding remarks Judge Richard Erlich took pains to honor the three men who, out of eight charged for the caribou waste in 2008, were the only ones to go to trial.

"I hold you in the highest esteem," said Erlich to the defendants. "You didn't take the (plea) deal. This is a nominal charge, it's a violation, we've been here three days and we've spent a ton of money. This is a big deal and it affects your life and future but it affects your honor, and that's why we are here."

The trial was about whether the three hunters wasted edible meat when they left two caribou in the field in July 2008. One caribou had a lump on its liver and the other had already been shot multiple times in the hindquarters and gut by a low-caliber rifle when it was killed. Both caribou were killed by Hank, but Koonuk and Miller were charged as accomplices.

Erlich said in the case of the first caribou, the sick-looking one, the men had clearly acted on the reasonable belief that they were doing right by their people. It was a belief supported by the Wednesday testimony of several Point Hope elders who said that leaving behind sick animals has been traditional practice for their community since time immemorial, a practice passed down through generations in order to protect the community from disease.

A hunter like Hank has no FDA to check the safety of his meat, defense attorney Jon Buchholdt said several times, he has to be his own FDA.

Also the defendants, and many other hunters called to testify, said they never knew hunters were required by law to take sick animals from the field until the charges were laid against Point Hope hunters.

State law violation

But while the hunters acted according to their traditional practice, Erlich said they still violated state law. He noted that the hunters could have gone back for the sick caribou in order to consult with elders and biologists.

"I think the Inupiaq value is - I go back and bring it back, not to eat, but bring it back and maybe the elders will talk about what that is," Erlich said.

In the case of the second caribou, which defendants said was shot all over the side, there was no testimony indicated the backstrap could not have been harvested, Erlich said.

However, he handed the hunters no fines, community service, or education.

That was a departure from the sentencing of the four other men Thursday, who had previously pleaded guilty. Under the plea bargain agreement that Lazarus Killigvuk, Randy Oktollik, Brett Oktollik and Koomalook Stone struck with the state, the five men were ordered to pay restitution from $500 to $1,700, perform 50 to 120 hours of community service and view materials on the proper salvage of game, and participate in game handling education.

At the end of the trial Hank read a statement: "I wanted everyone to understand that I was never informed about these laws against my traditional practices, but I hunted the only way I was taught. The state took it upon itself to prosecute my two companions as well as myself with only the evidence of testimony. That is all, no pictures not caribou no empty cartridges, no location. For all the state knows we could have made up the whole case."

Erlich said that he wanted to make clear that the three men who stood trial were not responsible for the "carnage" that was found that same summer. Their case was one of subsistence traditions' conflict with state law, an issue Erlich said was outside his realm to address.

"I think you guys are going to be really involved with what happens in this issue. Your lives have been changed by it," Erlich said.

Many of the 25 or so people gathered wiped tears away in silence as the trial concluded, and family members swept up the defendants into enormous hugs. Within moments State Troopers and the prosecution approached the hunters to pay their respects, and officers requested the men's help in working better with village hunters.

As to the Point Hope caribou slaughter case, about two-thirds of the wasted animals were never connected to a hunter or group of hunters. The case is open, but cold, barring new leads.