Trespassing While Hunting Case For State Wildlife Chief Delayed Until June

ROUTT COUNTY, Colo. (CBS4) - There's been another delay in a landowner's legal fight to punish a top government official for trespassing. The case focuses on hunting and Colorado's natural resources executive director.

One of the first rules hunters are taught is to know what property they are on and where they are. It's a rarely prosecuted crime because offenders are rarely caught. But in some hills in Routt County in November of 2013, the state's highest official that oversees the department that investigates those crimes got caught.

"This is a serious matter. Somebody with a deadly weapon, and it's a big backyard, but our backyard, harassing wildlife, is a serious issue," landowner Carl Luppens told CBS4 in March.

Natural Resources Director Michael King is accused of trespassing on Luppens' land while hunting in the remote part of Routt County, but originally the case was thrown out by the district attorney. Luppens kept fighting and earlier this year got the case reopened.

"When that's the top government official and the district attorney is trying to protect them rather than the public, we're taking a stand because we think it's important," Luppens said.

On Tuesday the case was back in Routt County court with King's attorney and a new special prosecutor, Sherry Caloia.

The case was continued until June, and Luppens said the wheels of justice are slow.

"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," he said.

But there's something keeping the case from progressing. The district attorney who refused to prosecute King is also appealing the fact that the case has been reopened.

"It's got to be political. He's trying to protect a fellow Hickenlooper appointee," Luppens said.

If King is found guilty of trespassing while hunting he's facing a fine of a few hundred dollars and the possibility of losing his hunting license.