Michigan Bear Hunting “Help” Convictions Overturned by Appeals Court

The Michigan Court of Appeals has overturned the convictions of two men who used their dogs to help a hunter take a black bear out of season. In Michigan the punishment for an illegal bear hunt is up to 90 days in jail and up to a $1,000 fine. The court unanimously decided that Russell Lavigne Jr. and William Gerard McNeight were not guilty of a misdemeanor charge.

The charges stemmed from a 2010 incident in which the two men used their hunting dogs to help Todd Yoder, an American Indian, kill a black bear. The kill happened outside of Michigan’s regular Sept. 17-25 season, but because Todd Yoder is an American Indian, treaty obligations allowed him to hunt out of season.

The court ruled that the two men’s convictions should be overturned because according to a Michigan Department of Natural Resources order, out of season bear hunting is only prohibited with a firearm, crossbow, or bow and arrow.

Below is an excerpt from the Court’s opinion, released on Wednesday:

The statutory provision and the DNR order at issue do not prohibit an unarmed individual from assisting someone with the lawful taking of a bear, nor do they prohibit someone from taking a bear without a firearm, crossbow or bow and arrow.

Edward Pierz

I enjoy nearly all types of outdoor activities, especially those which allow me to travel to new and exciting locations. I love power sports whether they are on the water, roads, trails, or simply on untraversed terrain. I also have a particular obsession with anything riding on two wheels. As an avid motorcycle rider I try to spend as much time as possible on my bike, which in turn has allowed me to explore some of Michigan's most enchanting wilderness areas. Additionally, I enjoy and participate in many types of shooting sports, both recreational and competitive. I guess I try to do a little bit of every thing outdoors, and I am constantly searching for new and exciting outdoor activities. Testing.