A light case turned heavy

A court case wending its way through the Mahoning County court system is an excellent primer on how to take a likely misdemeanor and blow it into a felony.
On the opening day of the deer gun season Nov. 29 last year, the Ohio Department of Natural Resources Division of Wildlife targeted the Northeast Ohio area for enhanced enforcement of hunting regulations.
A cadre of wildlife officers fanned out across the region, aided by a DOW helicopter, radios and computer access and commenced checking hunters for proper licensing, bag limits, prior approval to hunt private property, proper firearms handling and other issues.
Some violators
There were some violations to be sure. When you have thousands of hunters in the woods, there are sure to be some who forgot to wear hunter orange, or who didn't plug their shotguns or who were carrying a loaded firearm along a public highway -- all game law violations.
However, for the most part, these types of violations are misdemeanors and would get the violator a minor fine, if that.
In the case mentioned above, the Lanterman brothers, all from Mahoning County, likely would have faced such violations. However, the state is alleging that the men -- Jack, 71, Charles, 66, and William, 62, -- turned their probable misdemeanors into felonies because of several key factors.
Preliminary hearing
At a preliminary hearing Friday in Mahoning County Court in Canfield, before Judge Scott D. Hunter, Prosecutor Edward F. Sturgeon outlined the cases against the three men with the help of Division of Wildlife officers.
The story, as told by the officers during Sturgeon's questioning, happened basically as follows:
A DOW chopper was on scouting duty in the area west of Canfield when three men, later identified as the Lantermans, were spotted exiting woods near Crory Road.
Wildlife officers said they drove to the area, saw the men near a gas well right-of-way, stopped and then tried to approach them.
The case turned
Here's where the case turned from one that might have never gotten more than a cursory note to one that involves multiple felony charges.
The wildlife officers said they identified themselves, and then the three brothers turned and walked quickly back into the woods.
At this point wildlife officers took chase. Officers testified that the three men split up eventually.
The officers said the three were eventually corralled but not before one man leveled his shotgun at one of officers, forcing that officer to draw his own service revolver. The officers also said the men swore and shouted at them during the chase and arrests.
All these details and more came out Friday at the preliminary hearing. Defense attorneys Paul Conn, Ron Yarwood and James Lanzo cross-examined the officers.
What the judge did
Judge Hunter later took the case under advisement and is expected to rule Monday whether there was probable cause for the arrests. If he finds yes, the three automatically will be bound over to a grand jury, which will meet in April, said Sturgeon.
If the case proceeds this way and since all three face felony charges, they could ultimately face large fines, loss of hunting rights and even possible prison time, Sturgeon said.
It is also possible, he explained, that the grand jury could decide not to indict them or change the level of the case to misdemeanors.
What not to do
The bottom line here for ALL hunters who find themselves facing a wildlife officer, no matter what state, is to follow what they tell you to do. There is a reason for their request. They are usually facing someone carrying a gun, and they have to go on the assumption that the weapon is loaded.
There is no justifiable reason to disobey a wildlife officer's direct order, especially if you have done nothing wrong. What will happen if you don't is a whole lot of trouble for you.
braun@vindy.com