2015 Dusty Photo. DDH owns the rights.

Bowmars Respond to Lacey Act Allegations

A husband-and-wife bowhunting couple, popular for their online videos and social media pages, are vowing to fight Lacey Act charges against them in connection with alleged hunting violations in six Nebraska counties from 2015 to 2017. This is part of a larger case that netted their former outfitter a 2-1/2-year federal prison sentence.

Josh and Sarah Bowmar have retained the Kline Preston Law Group out of Nashville, Tennessee. In a public statement sent to D&DH yesterday, G. Kline Preston, IV, Esq., wrote: “The Lacey Act is a federal statute that criminalizes even minor violations of state law if one transports any part of an animal, which is the subject of the state hunting violations, across state lines. The Bowmars have pled not guilty and demanded a jury trial. They are innocent until proven otherwise.”

A pretrial motion in this case had been slated for Nov. 2, 2020.

(Update: On Thursday, Oct. 29, the Bowmars were granted an extension to delay the deadline to Thursday, Nov. 12. This is the third extension granted since Sept. 15.)

(Update: On Monday, Nov. 9, the Bowmars were granted another extension to delay the pretrial motions in the is case. The pretrial motions are now set for Thursday, Nov. 19. This is the fourth extension granted since Sept. 15)

READ MORE: GRAND JURY INDICTS POPULAR BOWHUNTING COUPLE

Preston said he is representing the Bowmars in the pending criminal case in the United States District Court of Nebraska.

“This is a fight between ethical hunters, the Bowmars, and the federal government which is using the Lacey Act against them,” Preston wrote. “The Lacey Act is an abusive piece of federal legislation that is used to excessively punish hunters for alleged minor infractions which are the equivalent of a speeding ticket under state law. The Lacey Act makes a traffic-like offense into a serious federal case. It is often abused by forcing honest, ethical hunters to plead guilty in order to avoid the risk of excessive fines and substantial jail time.

“The Bowmars have elected to stand on their rights and fight these charges before a jury rather than accept a deal. The Bowmars are fighting for their rights and those of other ethical hunters as well.”

Grand Jury Indictment

The Grand Jury charges against the Bowmars are lengthy and detailed. The allegations stem from a two-year period from 2015 to 2017, and include multiple charges of illegal baiting, hunting without permits and for transporting harvested game across state lines (from the outfitter’s place in Nebraska to their home in Ohio). The charges stem from incidents taking place in Custer, Blaine, Valley, Gosper and Keith counties.

The Grand Jury also claims the Bowmars exploited for the mutual financial gain of both their business and Hidden Hills Outfitters LLC (HHO), a joint business venture they had with HHO co-owner Jacob Hueftle, for the development, marketing, and sale of a deer feed or supplement that Josh Bowmar was the chief executive officer and co-owner of an associated LLC that was filed with the Nebraska Secretary of State on July 10, 2017. 

When asked if the Bowmars refute claims that they had a vested interested in a commercial deer feed product in conjunction with the HHO co-owner Jacob Hueftle, Preston wrote, “…there was never a viable business for a deer feed product. There was never a product on the market.”

The indictment spans 20 pages. For brevity’s sake, it should be noted that hunting deer and/or turkeys over bait is illegal in Nebraska. Also, the indictment alleges numerous “overt acts” against the Bowmars. In criminal law, an overt act is one that prosecutors believe can be clearly proven by evidence and from which criminal intent can be inferred, as opposed to a mere intention in the mind to commit a crime.

According to the complaint, the Bowmars hunted white-tailed deer almost exclusively within the outfitter’s baited areas, that most of the hunting locations were in plain or direct sight of bait piles, and were monitored by trail cameras that were set up within 35 yards of nearby tree stands or ground blinds. Preston stated the Bowmars have entered a plea of not guilty when asked if they refute the charges that they placed and/or knowingly hunted over bait.

Here is a recap of 11 of the more serious charges against the couple:

Allegations Against Josh Bowmar

Grand Jury Allegation 1: Hunting deer over bait on or about Sept. 16, 2015. During this hunt, Bowmar allegedly complained to HHO owner JH regarding an opening in a fence that allowed nearby livestock to consume feed at a nearby bait site.

Grand Jury Allegation 2: Hunting deer over bait on or about December 2015, for a trophy buck with double corkscrew drop tines within a heavily baited area in Custer County; and also a buck nicknamed “Snowflake” within a baited area in Blaine County; and for two other bucks nicknamed “Head Turner” and “Superman.”

Grand Jury Allegation 3: On or about Oct. 27, 2016, Josh Bowmar knowingly and unlawfully established, utilized or maintained baited areas for the purpose of taking white-tailed deer or mule deer, bowhunted for a specific whitetail nicknamed “Goalpost” within a baited area.

Grand Jury Allegation 4: That on or about Nov. 7, 2016, Josh Bowmar knowingly and unlawfully bowhunted deer within multiple baited areas, including extensively for a whitetail nicknamed “Sandman” in Blaine County. At about 6:23 p.m. that day a deer arrived within the baited area that was within direct sight and within bow range of Bowmar. The complaint said Bowmar was unable to shoot at the deer due to limited visibility and because the deer failed to provide an unobstructed shot opportunity.

Grand Jury Allegation 5: That on or about Dec. 29, 2016, Josh Bowmar killed a targeted buck, a 10-pointer, while within plain sight of and within a baited area. The complaint also states that Bowmar illegally transported the deer or parts thereof out of the state on or about Jan. 1, 2017.

Allegations Against Sarah Bowmar

Grand Jury Allegation 1: On or about Dec. 15, 2015, hunting turkeys in Blaine County while not possessing a valid turkey permit.

Grand Jury Allegation 2: Defendants transported turkeys or parts thereof in interstate commerce on or about Dec. 18, 2015.

Grand Jury Allegation 3: On or about Nov. 1, 2016, Sarah Bowmar bowhunted for deer and turkeys within a baited area without a valid permit at multiple locations in Blaine and Custer counties. At various times that day, including at 4:59 p.m., she was in a tree stand located approximately 15 to 25 yards and in direct sight of bait sites.

Grand Jury Allegation 4: On or about Nov. 8, 2016, Sarah Bowmar killed a wild turkey in Blaine County while from a position upon a roadway and within the county road right-of-way, in violation of Nebraska law. The complaint further states that she illegally transported the turkey or parts thereof, in interstate commerce. Preston stated the Bowmars have entered a plea of not guilty when asked if Sarah Bowmar refutes the charges of illegally hunting turkeys without the proper license/permits.

Grand Jury Allegation 5: On or about Sept. 6, 2017, Sarah Bowmar hunted within a baited area and killed a velvet-clad buck nicknamed “Rookie” in Blaine County, and then transported the deer or parts thereof out of the state on or about Sept. 8.

Grand Jury Allegation 6: The complaint further alleges that both Josh and Sarah Bowmar consented to having their guide carry a suppressed rifle while helping them bloodtrail deer on two separate occasions in 2017. In one of the alleged incidents, the complaint said Josh Bowmar took a long shot at a mule deer with his bow, and wounded the deer. Video of the hunt was later uploaded to YouTube under the title, “Long Shot in Crazy Winds Mule Deer Bowhunting.”

 

Summary

As reported earlier in October, a total of 30 defendants have already pled guilty in the poaching sting and paid $570,453 in fines and restitution, and received 53 years’ worth of hunting and fishing permit revocations.

The HHO sting has been called the largest poaching case in the history of the state of Nebraska. Hueftle was already tried and convicted. He was ordered to serve 30 months in federal prison and was ordered to pay $214,375 in restitution.

There are more allegations contained within the complaint against the Bowmars. Most of them are centered around illegal baiting charges. In Nebraska, it is illegal to establish a baited area from 10 days before the opening of any big-game or turkey season and throughout those entire seasons for the purposes of taking big game or turkeys. It is also illegal to shoot from the right-of-way from any public road, which includes the traveled surface and the right-of-way. According to state statute 72-221.01, the public road right-of-way so dedicated shall be no less than thirty-three feet from the section line, nor less than sixty-six feet through that part of the section where the established road meanders through the described section.

Preston said his clients have elected to meet the legal challenge head on.

“The Lacey Act is draconian in its application and effect on the hunting community,” Preston wrote. “The Lacey Act makes the violation of hunting laws, which might garner a small fine under state law, into the proverbial “federal case” with excessive fines and imprisonment which are out of touch with the nature of the alleged crimes. … the Bowmars are fighting this fight not only for themselves, but also for the hunting community at large because the Lacey Act is used too often against hunters who should not be destroyed by this law for actions which really amount to the equivalent of a speeding ticket.”

UPDATE: THURSDAY, OCT. 29, 2020:

In an almost 5-minute video posted to their Bowmar Bowhunting Instagram page Oct. 28, Josh and Sarah Bowmar further addressed the charges against them.

“First and foremost, we pled not guilty to this. …” Josh Bowmar said.

“These are just charges,” Sarah Bowmar added. “They are not convictions. We have pled not guilty to every single charge that has been brought to light against us.”

Josh Bowmar talks through most of the video. He does not mention specific charges, and only alludes to whitetail hunts the couple took in Nebraska from 2015 to 2017.

“We did hunt at Hidden Hills Outfitters, and yes there were things going on with some clients there that weren’t right, and there were some poaching violations obviously, but that doesn’t mean we were a part of that,” Josh Bowmar said.

“We hunted there for four years and averaged three to four (trips) per year and only have two whitetails to show for that,” he continued. “In four years? Do you guys really think if we were baiting and poaching deer that we would only have two bucks which, by the way, were some of our smallest deer ever. The answer is ‘no.’ We don’t have the success to back up the fact that we were quote, end quote, cheating. We weren’t cheating; we were doing it right. Jacob was doing it right with us. … We can prove our innocence.

“These are Class 3 misdemeanors,” Josh Bowmar said. “Literally, what they’re charging us with is no different than a speeding ticket. It’s the same level of misdemeanor. The only difference is it’s across state lines, and so that’s where things get squirrely with the Lacey Act, because now the Lacey Act is so abusive — and we’re fighting this — because literally … if you guys, and this is a great analogy, if you guys got a speeding ticket in a different state, well, let’s say you got a speeding ticket in your own state — $75 fine, sure — you go across state lines, now it’s a $250,000 fine and it’s a felony,” Josh Bowmar said.

“And five years in prison,” Sarah Bowmar added.

“It’s crazy!” Josh Bowmar continued. “So, this is insane. And we’re not even guilty. But we have to fight it to this level because that’s how ridiculous the Lacey Act is with all of this. So again, guys, we are innocent of these charges. …”

“Prove us guilty … I’ll help you tar and feather us. You know? Because we deserve it then. But, seriously, give us the chance to prove our innocence. … We have done everything right. We really have. I mean, look at our life. I’m not asking you to listen to what we say. Look how we are. We only bowhunt. We always give the animal the greatest chance of escape. I mean, because we literally don’t even gun-hunt. I mean, so if we’re ruthless killers just poachin’ animals, why do we make it harder on ourselves with only bowhunting? That doesn’t make any sense. Like there’s so many things that don’t make any sense. Just think about it. What is our motive to do this … we would cheat and shoot our smallest deer that we’ve ever shot? I mean, why? What’s the point? We don’t need it. It doesn’t make any sense, so please, just look at our lives. We’ve always done everything right; we try to do everything right, and please, just support us until this is over. …”

The Bowmars make no mention in the video of turkey or mule deer hunt allegations, including the hunt for a massive mule deer buck that Josh Bowmar shot while hunting with Hidden Hills Outfitters in 2015. According to the description of that hunt on the Bowmar’s YouTube page, that buck’s rack “grossed 186 nontypical, making him (among the) top 15 bow-kills of all time in the state of Nebraska.” According to the Grand Jury indictment, Bowmar wounded the mule deer with his first archery shot, which was taken at a distance of 95 yards. The indictment goes on to allege that Bowmar knowingly allowed the outfitter to carry a suppressed rifle while they were looking for the buck.

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