Otsego County to drop deer-baiting charge

Region

October 30, 2010

BY ALEX PIAZZA apiazza@record-eagle.com The Record Eagle Sat Oct 30, 2010, 07:14 AM EDT

GAYLORD — Authorities plan to dismiss charges against a man accused of illegally baiting deer with his bird feeders, a decision that came days after an Otsego County judge overturned a lower court's ruling that would have scrapped Michigan's deer-baiting ban.

Otsego County prosecutors on Friday decided to dismiss feeding ban charges against Ken Borton, of Gaylord, Borton's attorney said.

Borton was accused of illegally feeding deer from multiple bird feeders in his yard.

Borton expressed relief, but fears the case might not be complete.

"I don't know where we're going to go from here, but I don't think this is entirely over," he said. "I've had this feeling before. I'm hoping now this is officially done."

In April, 87th District Judge Patricia Morse threw out charges against Borton, and ruled the state's ban on feeding deer was "unconstitutionally vague."

But state natural resources officials appealed, and 46th Circuit Court Judge Dennis Murphy this week overturned Morse and sent the case back to district court for further review.

"(Morse) essentially considered the application of the statute in a hypothetical scenario, rather than first considering the claim as to defendant Borton when rendering (her) opinion," Murphy wrote in his circuit court opinion. "Unfortunately, fact findings from either a testimonial record or a stipulated set of facts are required prior to a ruling on the law."

Otsego County Prosecutor Kyle Legel was out of the office Friday and could not be reached for comment.

"Once more of the facts came to light, I think he realized it wasn't worth investing the resources," said Paul Slough, Borton's attorney.

The case began after viewers of Borton's website, www.snowmancam.com, reported to the Michigan Department of Natural Resources and Environment they saw deer eat around his bird feeders. State officials then cited Borton for violating the feeding ban, instituted two years ago after chronic wasting disease was found in a deer in Kent County.

DNRE spokeswoman Debbie Munson Badini said the department is "pleased to hear" the case was sent back to district court.

If Otsego County prosecutors follow through and drop charges against Borton, "we would review our options to decide how to proceed," she said, declining to offer specifics. "We do not feel that that decision affects the baiting and feeding ban in the Lower Peninsula at all."

Borton contends he never intended to bait deer, but just wanted to feed birds. Deer were hungry after a long winter, entered Borton's yard and attempted to eat his bird feed, he said.

"Unfortunately for the DNRE, I don't think anybody realizes this stuff is being taped live," he said. "I've been a very pro-law enforcement person and this has opened my eyes completely. I've lost a lot of faith and trust in the DNRE."

-- Staff writer Lindsay VanHulle contributed to this report.