Afield: Elk hunter and guides found guilty on most charges in Clearfield County

A two-hour-long hearing resulted in an elk hunter and two guides being found guilty by District Judge Jerome Nevling for multiple violations of the Pennsylvania wildlife code. The hearing, originally scheduled for May 15 but postponed because of the coronavirus pandemic, was held in Clearfield County District Court on June 12.

The hearing was a result of a four-month-long investigation and subsequent charges that had been filed by the Pennsylvania Game Commission against hunter Richard Prentiss and Elk County Outfitters’ guides Gary Couteret, of Frenchville, and Kim Rensel, from Butler.

Lycoming County hunter Prentiss was the winner of the Keystone Elk Country Alliance elk raffle last August. The winning ticket gave Prentiss a license to hunt a bull elk in any elk hunt zone ahead of the regularly scheduled elk seasons. It also included six days of donated guiding service from Elk County Outfitters and a video record of the hunt filmed by TomBob Outdoors. As it turned out, the video of the hunt became important evidence in the hearing, with both sides claiming that it proved their point.

The multiple charges stemming from the investigation of the Sept. 13 hunt in Karthaus Township, Clearfield County, included “unlawful devices and methods” (using a motor vehicle to locate elk), “shooting on or across highways” (shooting at the elk after alighting from a vehicle while being within 25 yards of the traveled portion of the roadway) and “unlawful taking of game.” A $5000 replacement cost for the trophy elk accompanies the unlawful taking charge. In addition, Couteret was charged with “making false or fraudulent statements” when he allegedly lied about his involvement with the Prentiss elk hunt.

Commonwealth attorney Roy Cross called four witnesses, and defense attorney Blair Hindman called three. Each witness was cross-examined.

The first witness for the prosecution was Ben Gnan, videographer for TomBob Outdoors. Part of the video that he recorded of the hunt was introduced as evidence and shown in court. In the video, guide Couteret was seen driving away after talking with guide Rensel and Prentiss. Even though they claimed that they did not know the large bull was close, they were whispering as they exited the vehicle. Within seconds, a group of cow elk crossed the road, followed by the trophy bull.

Prentiss readied to shoot, but was advised by guide Rensel that he was not permitted to shoot across the road. Prentiss crossed the highway and fired his first shot within 10 feet of the road. The video showed that one minute and 40 seconds elapsed between the time the men exited the pickup and the first shot was fired.

Clearfield County Game Warden Mark Gritzer was the next witness. Gritzer testified that he was on the scene about 10 minutes after the shots were fired. He explained which laws he believed were violated. Gritzer’s body cam footage of a Dec. 13 field interview with Couteret was entered as evidence and shown in court. In the video, Couteret denied involvement in the hunt and said that he was not guiding Prentiss. Couteret accused Gritzer of harassing him.

Game Commission Northcentral Director Dave Mitchell, the third witness, testified that he was a certified Boone and Crockett scorer and that the elk’s antlers scored 422-1/8 inches as a non-typical elk. That score put the elk in the trophy category.

Next on the stand, Conservation Administration Supervisor Kristoffer Krebs testified about the interview that he conducted with Prentiss on Nov. 20. During the interview, Prentiss referred to “the guide in the red bandanna” (Couteret) as being associated with the hunt, according to Krebs. From the statement, he quoted Prentiss as saying, “The guide in the red bandanna had been assigned to drive around looking for elk.” The signed interview was entered as evidence.

Attorney Hindman called the accused — Rensel, Prentiss and Couteret — as witnesses.

Rensel, an elk guide for the past nine years, testified, “I was going to park there anyway (regardless of his conversation with Couteret).” Rensel said that he did not see anything unsafe with how the shots were taken.

Couteret denied participating in the hunt. When asked if he was just driving around looking for elk for the fun of it, he answered, “Yes.”

“I was not a paid guide that day,” Couteret said.

Both attorneys gave their closing arguments and Nevling retired to his chambers to review the testimony. He returned about 40 minutes later to render his verdicts.

Prentiss was found not guilty on the use of unlawful devices charge because, according to Nevling, he was following the advice of his guides. He was found guilty on the charges of “unlawful taking of game” and “shooting at the elk after alighting from a vehicle.”

“You seemed rushed and under pressure,” Nevling said. “I was a hunter and I know that that can lead to bad consequences.”

The judge ruled Elk County Outfitters’ guides Rensel and Couteret guilty on all three charges, but found Couteret not guilty on the charge of “making false or fraudulent statements.” Since only one elk had been shot, Nevling ordered the three defendants to split the restitution cost of $5,000.

Jack Manack, owner of Elk County Outfitters, was disappointed with the judge’s ruling.

“We have‎ game‎ laws‎ for‎ the‎ same‎ reason‎ we‎ have‎ any‎ other‎ law‎ in‎ this‎ country,‎ so‎ there‎ is‎ a‎ definitive‎ line‎ between‎ right‎ and‎ wrong,” Manack said a few days after the hearing.‎ “This ruling was based solely upon opinion, not by the definition of the law.”

With the court verdict, Elk County Outfitters is seeing other repercussions.

“I appreciate everything that Elk County Outfitters has done over the years. They have been good and generous to us,” said Rawley Cogan, President and CEO of the Keystone Elk Country Alliance. “However, given everything that happened, KECA has severed ties with Elk County Outfitters. That hunt doesn’t represent who we are and what we stand for. It was unethical at best and now ruled illegal.”

According to Cogan, the Alliance board is meeting in late June to decide the organization’s next step. They will likely be looking for another outfitter who would be willing to donate a guided elk hunt.

“We will vet the next outfitter,” Cogan said. “The last thing that we would want is a repeat of this unfortunate situation.”

This story was originally published June 20, 2020 at 11:05 AM.