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Filed for Record 10/13/2017 02:21:20 PM - Kittitas County, WA Auditor - 201710130040 Page 5 of 8 <br />` 1 <br />2 2.1 All acts hereinafter alleged occurred in Kittitas County, Washington. <br />2.2 This court has jurisdiction and venue over this cause. <br />3 <br />III. FACTS <br />4 <br />5 3.1 On October 17, 2015 plaintiff Richard Cole possessed the required licenses to <br />lawfully hunt deer in the State of Washington. <br />6 <br />3.2 Said license were sold to him by the State of Washington via Washington's <br />7 <br />Department of Fish and Game. <br />8 <br />9 3.2 On the opening day of the deer season 2015 (ie October 17, 2015), during daylight <br />10 hours, plaintiff followed all applicable rules, regulations and laws governing hunting in the State of <br />11 Washington did legally kill and properly "tag" a male deer exceeding the 3 point minimum. <br />3.3 Such deer was shot and mortally wounded on public State land. <br />12 <br />13 3.4 Such deer then stumbled approximately 10 yards up a bank and died on a gravel <br />road next to an irrigation ditch. <br />14 <br />15 3.5 Such gravel road was littered with old spent shells from previous hunters. <br />16 3.6 The gravel road had no signs whatsoever stating "no trespassing" or "no hunting" or <br />"posted." <br />17 <br />3.7 There was no fence or barrier or any indication whatsoever such land was private or <br />18 <br />the owner of such land would prohibit someone from entering the land to retrieve game. <br />19 <br />3.8 Rather, on the far side of the gravel away from the area the plaintiff had shot the <br />20 <br />21 deer was a fenced area marked property of the US government and prohibiting trespassing behind <br />the sign and within the fenced area. <br />22 <br />3.9 Plaintiff did not know, and had no reason to know, the gravel road was private <br />23 <br />property. <br />24 <br />25 3.10 Plaintiff believed, and had reason to believe, the gravel road was either public <br />property or if it was private property the owner permitted hunting and the retrieval of game from the <br />26 <br />road. <br />27 <br />The Law Firm of <br />28 RICHARD A. COLE P.S. <br />1001 Fourth Avenue Plaza, Suite 4400 <br />Seattle, WA 98154 <br />Tel:(206) 389-1681 Fax:(206)389-1708 <br />