ATV riders convicted for crimininal trespass following OSP investigation

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Written by The Democrat-Herald   
Tuesday, February 09, 2010

Seven people who were found illegally operating their All Terrain Vehicles (ATVs) on Longview Timber Company during archery season near Silverton in September 2009 have pleaded guilty in Marion County Justice Court.

In September 2009 an Oregon State Police (OSP) Fish & Wildlife Division trooper responded to complaints from archery hunters regarding a group of five people operating ATVs on Longview Timber property.

The operation of ATVs on Longview Timber property is prohibited year round. The complainant confronted the riders and told them they were not allowed to ride their ATVs on the property.

The five people ignored the warning and continued on their way.  The trooper located the group approximately seven miles from the nearest locked gate.

There were signs outlining the restrictions that the riders had driven past.  The group had driven around a locked gate.  Members of the group indicated that they didn't think it was a big deal because they were on gravel roads.

The following five defendants pleaded guilty to second-degree criminal trespass: James Culver, 49, Stayton;

Richard Freres, 32, Stayton; Chad Hafner, 33, Stayton; Theodore Hafner, 56, Stayton; and Jacob Toepfer, 32, Sublimity.

Each of the defendants was ordered to pay $167 in court fees, $250 in fines and $500 in restitution to Longview Timber.

Personnel from Longview Timber Company were at the court appearance.  They served the five defendants with notice that they are not allowed on Longview Timber Company property for five years.

Six days after the first incident, the trooper was patrolling the same area.  The trooper heard ATVs approaching his location.  He waited and then observed two ATV's.

The riders told the trooper that a contractor had opened the gate and let them into the property.  The trooper located the contractor, who told the trooper a totally different story.

The contractor was leaving the property and met the riders at the gate.  He had told the two riders that they were not allowed to ride their ATVs on the property.  When the contractor opened the gate to leave, the two riders squeezed by him through the gate, and continued on.

Chris Schumacher, 53, of Aumsville, and Sheila Rogers, 46, of Silverton pleaded guilty to second-degree criminal trespass. They were ordered to pay the same fees and fines as the previous seven who were convicted. They are forbidden from every returning to the Longview Timber property.

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Source: http://www.democratherald.com/news/local/article_0f9257a8-15a9-11df-aab9-001cc4c03286.html



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Community Voices

"Nevada Sheriffs' and Chiefs' Association worked closely with the Nevada OHV community to develop our current law and we believe that when fully implemented it will be very helpful in dealing with the problems of theft of OHVs and it will go a long way in identifying those who participate in destructive acts on or off public lands."

- Frank Adams of the Nevada Sheriffs’ and Chiefs’ Association