A 47-year-old Garrett man was prohibited from hunting for five years after being sentenced Wednesday for poaching deer.
Timothy Allen Sutton Sr., 47, Petenbrink Road, Garrett, and co-defendant Daniel Richard Horning, 27, Mason Dixon Highway, Meyersdale, were accused by the state Game Commission of killing deer out of season. Horning is awaiting trial on five counts of unlawful killing or taking of big game during a closed season.
President Judge John M. Cascio told Sutton that he is not allowed to own ammunition during the five years his hunting license is suspended. The judge ordered Sutton to pay court costs, a supervisory fee and $2,000 in fines. Sutton must perform 100 hours of community service.
The sentence “should address the issues that brought you here,” Cascio said.
On Nov. 28 the Game Commission received word that Sutton and Horning had several deer hanging from rafters in a Summit Township building, according to a probable-cause affidavit. When conservation officers and Meyersdale police officers arrived, they saw Horning exit a side door with what appeared to be deer hair and blood on his hands. Sutton was inside the building. He also had what appeared to be blood on his hands and clothing, according to the affidavit.
Conservation officers found four deer hanging from the rafters, remains from protected antlered whitetail deer on the floor and trash bags containing deer body parts, according to the affidavit. On Nov. 28 only antlered deer, or bucks, were in season. Antlerless deer were not in season until Dec. 1.
Sutton’s attorney, Michael Kuhn of Somerset, said his client was guilty by association.
“There were four deer in the garage,” he said. “He admitted to one deer. He has to pay $500 per deer in fines.”
Kuhn said the state game laws have stiffened substantially over the past few years.
“If he gets nailed again, he is looking at significant jail time,” Kuhn said.
District Attorney Lisa Lazzari-Strasiser presented the facts of the case at Sutton’s sentencing. Sutton pleaded guilty April 15.
Horning’s attorney is Tiffany Stanley of Somerset.