Charges are expected to be filed Friday against the suspected poacher of Samson the elk at the Estes Park Center of the YMCA of the Rockies.
Randal Francis, 35, of Lakewood, was arrested last Friday on suspicion of two felonies related to the Nov. 11 incident that has fanned community anger at the loss of the human-habituated, trophy-sized animal.
Deputy District Attorney Jolene Blair said Tuesday that Francis faces the possibility of two Class 5 felonies: willful destruction of wildlife with the intent of removing a trophy, and possession of a deadly weapon as a felon.
A .30-06-caliber rifle was found in Francis' truck, which was impounded shortly after he is accused of shooting Samson with a crossbow.
Francis, who was still being held in Larimer County Jail after failing to meet a $10,000 bond set by Judge Ronald Schultz Monday, has a lengthy criminal record.
He was arrested on second-degree burglary charges in Jefferson County in 1981 and Grand County in 1987, and also has a conviction for theft by receiving stolen property.
He has spent time in the prison at Canon City, and could face a return visit if convicted on the poaching charges.
The felony charges carry maximum penalties of a $100,000 fine and up to three years in jail.
Additional charges?
Rick Spowart, area manager for the Division of Wildlife, said he has also asked the District Attorney's Office to consider a variety of misdemeanor charges in addition to the felony counts.
Spowart is seeking counts of unlawfully taking wildlife, bunting big game without a license and hunting on private property without permission.
Spowart said that in the aftermath of the Samson shooting, he has been besieged by calls from throughout Colorado and the Midwest.
"People are outraged about this, and I think rightfully so," he said. "He (Francis) couldn't have picked a worse elk in the country."
Spowart earlier suggested that Samson may well have been the largest elk in the Estes Valley.
Blair said the District Attorney's Office has also been receiving numerous telephone messages from the Estes Park area seeking maximum prosecution against the suspect.
However, she said the callers are essentially wasting their time because prosecutors should be ethical enough to judge the case and the potential charges on their merits, instead of being swayed by public opinion.
Substandard investigation
Blair said her office has been handicapped by a scarcity of evidence generated by DOW investigators, who hadn't even filed reports of the case as of Monday.
Blair said her decision on what charges can be filed Friday will depend on the credibility of the evidence produced by DOW.
"Ethically, we have to look at the evidence and think with our heads rather than our hearts," she said.
She noted Francis' prior criminal record is not a factor in the prosecution case, and can be considered only during a sentencing phase if Francis is ultimately convicted.
If charges are not filed by Friday, she said the case against Francis will be dropped.
Spowart said the DOW's investigation of Francis is continuing.
When the suspect's truck was impounded, officers also found a game saw in the vehicle, leading to speculation that Francis may have been involved in previous poaching-for-trophy situations.
Spowart said DOW officials are trying to link Francis to other poaching cases apart from the Estes Park incident.