Illegal Hunting Case Involving Natural Resources Executive Director Reopened

ROUTT COUNTY, Colo. (CBS4) - He's a high-ranking executive in the state government and even oversaw the creation of Colorado Parks and Wildlife, but now Mike King is under fire because a case of illegal hunting is being reopened.

The case goes back to November of 2013 when the case was dismissed by the Routt County District Attorney. Now a judge has agreed with the landowner and a special prosecutor will now look at the case again.

"Sometimes citizens just need to stand up," Carl Luppens said.

It's been more than a year, but Luppens isn't giving up his fight. He says he witnessed Natural Resources Executive Director Mike King trespass onto his ranch in Routt County.

"Drove right into my line of fire, circled behind the elk and drove them off of our ranch onto the adjacent ranch where he had permission to hunt," Luppens said.

Luppens says it's Hunting 101 for a hunter to know what property they are on.

"The Division of Wildlife officer said, 'You have to enforce this.' Because they catch people so rarely they need to make an example -- because it is a big safety thing and a big wildlife protection," Luppens said.

Luppens says he could tell officers had a hard time citing their top boss, but King was still written a citation for trespassing.

"He knew, the way he behaved, I know he knew the boundary, and he knew he was sneaking on to push the elk off," he said.

District Attorney Brett Barkey of the 14th District dropped the case last February saying his office couldn't prove the case beyond a reasonable doubt. Luppens appealed and asked for a special prosecutor to be appointed. Last month the chief judge in Routt County agreed, writing, "The decision to dismiss those charges were arbitrary and capricious. The basis for that decision are not supported by Colorado law."

RELATED: Trespassing While Hunting Citation Dropped For State Wildlife Chief 

Barkey wouldn't talk to CBS4 on camera, but has filed a Court of Appeals case asking for the special prosecution to be stopped.

"It's got to be political. He's trying to protect a fellow Hickenlooper appointee," Luppens said. "If we had a trial on this it would probably last an hour. There'd be two witnesses, Mike King and me. It's a simple matter."

The case is now being reviewed by the 9th judicial district attorney, but no hearings have been set.

Mike King did not respond to CBS4's request for an interview.

By all indications, if found guilty King would pay a small fine and have his hunting license suspended.