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....... _- <br />-Filed for Record 10/13/2017 02:21:20 PM - Kittitas County, WA Auditor - 201710130040 Page 6 of 8 <br />1 <br />3.11 Plaintiff did not retrieve the game at that time but rather then left the area, retrieved <br />2 <br />3 his vehicle, drove on public roads to where the gravel road intersected with the public road and <br />4 began to call the telephone number on the gate that separated the gravel road from the public road <br />5 with the intent to contact the landowner to ask if he could open the gate and allow the plaintiff to <br />use the gravel road to retrieve his deer. <br />6 <br />7 3.12 A private individual who refused to identify himself then approached the plaintiff to <br />ask what he was doing outside the gate. The plaintiff replied he was calling the landowner to ask if <br />8 <br />9 he would open the gate to allow access to the deer. The private individual then told the plaintiff to <br />10 wait. The private individual then apparently called the Kittitas County Sheriff s office. <br />11 3.13 The Kittitas County Sheriff, accompanied by personnel from Washington Fish and <br />12 Game, and a prosecutor, all acting under color of law, arrived and proceeded to state the gravel road <br />was private property and called the alleged land owner, Springfield Ranch. <br />13 <br />14 3.14 Springfield Ranch is alleged to be the largest landowner in Kittitas County. <br />15 3.15 The Kittitas County Sheriff, accompanied by personnel from Washington Fish and <br />16 Game, and a prosecutor, all acting under color of law, proceeded to call the plaintiff a "poacher" <br />which was false and libelous and defamatory. <br />17 <br />18 3.16 The Kittitas County Sheriff, accompanied by personnel from Washington Fish and <br />Game, and a prosecutor, all acting under color of law, proceeded to take the deer. <br />19 <br />3.17 Defendants never contacted plaintiff again. <br />20 <br />3.18 Plaintiff was engaged in the lawful pursuit and taking of game while the defendants <br />21 <br />unlawfully interfered with that activity. <br />22 <br />3.19 RCW 77.15.170 mandates a hunter not waste game. <br />23 <br />24 3.20 RCW 77.15.435 (2) a -d states in any prosecution for unlawfully hunting on the <br />25 premises of another it is a defense that the actor reasonably believed the owner of the property <br />26 would have licensed him to enter or remain on the property for the purposes of retrieving game. <br />3.21 RCW 77.15.210 states a person is guilty of obstructing the taking of wildlife if the <br />27 <br />The Lew Firm or <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 />