A Montana resident, Earl Russell Benes, has received a 10-year hunting ban after openly confessing to "emptying a pistol into a herd of elk." His sentencing follows a widely publicized trial where he faced accusations of poaching three elk, ultimately resulting in a conviction for the illegal taking of one elk.
In a prolonged and widely watched poaching case, 27-year-old Earl Russell Benes of Montana recently faced sentencing on December 18, 2023, following a trial that captured significant attention. District Court Judge Randal Spaulding in Musselshell County imposed penalties that included an $8,200 fine, 28 days of incarceration, and a 10-year hunting ban. Notably, these punishments were less severe than what prosecutors initially pursued.
This conclusion marks the end of a protracted legal battle that traces back to 2019. According to court documents reported by the Helena Independent Record, Benes admitted to unlawfully shooting three elk from a vehicle over several days, specifically confessing to emptying a pistol into the elk herd while returning from a party with the intention of making them move.
Facing two dozen charges, including eight felonies, Benes could have been subject to fines totaling up to $278,500 and a maximum prison sentence of 83 years if convicted on all counts. Additionally, Benes had his hunting privileges revoked before the 2019 incident due to a previous antelope poaching violation.
Despite his admission to shooting multiple elk out of season, Benes was only convicted in 2021 by a jury on five charges related to poaching one elk. These charges included hunting without a license, waste of a game animal, hunting during a closed season, hunting over the limit, and hunting while suspended.
A former county attorney expressed suspicion to the Helena Independent, suggesting that the difficulty in locating the handgun Benes used may have contributed to the acquittal on charges related to two of the elk. In Montana, unanimous jury agreement is required for criminal verdicts, meaning a single dissenter can lead to a failed conviction.
Prosecutors had sought a lifetime revocation of Benes's hunting privileges, a request justified by his history of wildlife infractions. Benes is required to serve his 28-day jail term within the next six months.