| 5/9/2008 9:08:00 AM | Email this article • Print this article | Texas owner of South Park Ranch faces felony charges
By Mike Potter- The Fairplay Flume
BAILEY - Texas businessman Jeff Hawn was charged Thursday in connection with the March slaying of 32 bison near Hartsel.
Hawn faces one count of Class 3 felony theft, one count of Class 3 felony criminal mischief and 32 counts of aggravated cruelty to animals, each a Class 6 felony.
Investigators determined the bison were killed during the course of several weeks.
Colorado Bureau of Investigation technicians matched an empty cartridge found on U.S. Forest Service land near the dead bison to a 30.06 rifle found in Hawn's home.
Investigators recovered a bullet from a bison carcass similar to a test bullet fired from the Hawn rifle.
Park County Undersheriff Monte Gore commended detectives and animal control officers and said, "They put a lot of time and effort and did a really good job."
Stephen Csajaghy of Denver, attorney for Hawn, wrote in a Jan. 28 letter to Monte Downare, an owner of the animals, that the bison trespassed on Hawn's property for a number of weeks.
Csajaghy wrote, "... as this problem has continued for the last six weeks and you indicated you are unsure if you will be able to resolve the issue yourself, we are considering alternate remedies, such as allowing a hunt of any buffalo that come onto Mr. Hawn's property."
The letter said Csajaghy would rather resolve the situation amicably "without having to resort to such an action."
According to the arrest warrant affidavit, Hawn allowed nine individuals to hunt bison belonging to rancher Monte Downare.
In a Feb. 25 letter addressed to Antonino Salcedo, Hawn gave permission to Salcedo and his "Atzlan Native Community" colleagues, of Gardner, to "remove the buffalo from my ranch.
"You may hunt them and remove them or you may remove them live and take them to the location of your choice," the letter said.
The letter included directions to the Hawn property.
"I ask that you get started as quickly as possible," the letter said.
It is unclear if Salcedo has been charged with anything.
In a civil lawsuit filed in early March, Hawn alleges Downare bison walked all over his property.
"On numerous separate occasions, herds of buffalo have broken through the fence and stampeded onto the property to graze on the grass.
"Damage the defendants' buffalo have caused to the property is staggering. The fences are damaged and/or destroyed in more than 50 locations. Bent poles and broken wire compromised integrity of the entire fence.
"Additionally, the defendants' buffalo have killed hundreds of trees on the property, including many (professionally installed) trees near the home."
The lawsuit alleges bison "knocked the TV and satellite Internet dishes off line" and caused damage to solar panels.
The suit alleges Hawn had a legal fence around his property. Colorado is a "fence out" state, meaning property owners must fence their property to keep livestock out. A rancher isn't required to fence livestock in.
Colorado state law establishes a lawful fence as a "well constructed three-barbed-wired fence with a substantial post set at a distance of approximately 20 feet apart, and sufficient to turn ordinary horses and cattle, with gates equally as good as the fence ... ."
The fence was unable to keep bison off the Hawn property.
Downare told The Flume last month the fence constructed by Hawn wasn't a "legal fence."
He said whenever his bison crossed onto Hawn property, they were recovered quickly.
"Any time a buffalo was on their property and we were called, we definitely went over there and got them off," he said.
In a counterclaim to Hawn's lawsuit filed April 17, the Downares allege Hawn conspired with his lawyer to have the animals killed.
Names of hunters included in the Hawn arrest affidavit are: Antonino Salcedo, Tomas Itsa Shash, Collin Emory Tonozzi, Zachary Richard Rolloff, Mark W. Akins, Russell James Akins, Nathaniel Joel Herbst, Jesus Antonio Cisneros, Mark Dennis Quintana, Jon Lee Duran, Paul Bryan Borquez, Carson Levi Ford, Kenneth Scott Rathbun and Chet Gladstone.
Gore declined comment regarding possible charges against the hunters.
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