Samson
killer goes to jail
Court levies stiff sentence against
admitted poacher
September 27, 1996
By TIM ASBURY
Randal Francis is sitting in the Larimer County Jail today, with 88 more days to go while he thinks about the crime of poaching.
Francis, the admitted killer of the trophy-sized bull elk named Samson at the Estes Park Center of the YMCA of the Rockies, was sentenced to a 90-day jail term Wednesday by Larimer County District Court Judge John-David Sullivan.
Additionally, he will face six years of "intensively supervised" probation, 360 hours of "useful" public service, a $6,000 fine, a $2,220 surcharge assessment, and suspension of Colorado driving privileges for the next two years.
Additionally, he will be prohibited from hunting for at least six years, will be required to maintain employment after his release from jail, and will be prohibited from owning any weapon, "even a pocket knife."
Judge Sullivans harsh sentence followed a two hour hearing in which the 35 year old Lakewood man was taken to task for his crossbow killing of the 7-by-9-point Samson in the twilight hours last Nov. 11.
In a plea agreement approved in July, Francis admitted guilt to willful destruction of big game, a Class 5 felony.
Encouraging the judge in his sentencing decision at Wednesdays hearing were Mike Powell of the Colorado Bowhunters Association, Dal Schaefer of the Colorado Division of Wildlife and Jim Boyd, formerly of the Estes Park Center.
Francis said nothing in his own defense, but his attorney
asked for leniency, claiming that his client had been wrongly
influenced by hunting magazines and the promise of trophy-sized
animals.
Boyd viewpoint important.
DOW area manager Rick Spowart, who led the investigation of the Samson case, said he was particularly heartened by Boyds testimony when he described what it meant to lose the proud animal that was an attraction to a nationwide audience that frequents the YMCA facilities.
Spowart said Boyd did an "excellent job" in representing the views of so many local residents and visitors who found the poaching killing of Samson totally abhorrent.
Although the maximum fine for the poaching could have been as high as $100,000, Spowart said he was satisfied with the financial penalty because, "To him (Francis), it will mean a great deal."
He said Francis was also ordered to surrender the crossbow he used to kill Samson. The crossbow will be destroyed.
Privileges in peril
Apart from Judge Sullivans 6-year prohibition against hunting, the Division of Wildlife will hold a separate hearing to determine whether Francis will ever again be allowed hunting privileges in Colorado.
Spowart said the penalty could be a life suspension of hunting privileges, and added that he would not be surprised if wildlife commissioners impose the lifetime ban.
Spowart said he was favorably impressed with the extent of the courts punishment.
"Oftentimes we dont see this type of sentence in these types of cases," Spowart said. "I felt justice was served."
He added, "Mr. Francis has definitely got his work cut out for him."
The wildlife officer also said he believes the high visibility of the Samson case and the resulting penalties against Francis will translate into a meaningful warning.
"This was not an act done by a hunter, it was a criminal act," he said. "This had nothing to do with hunting."
Spowart said the poaching intent was obvious through Francis use of a crossbow, the "weapon of choice" of poachers because it is quiet and deadly.
"I think it definitely sends a message to poachers," Spowart said.