The grand jury charges against the Bowmars are long and detailed. The allegations cover a two-year period, from 2015 to 2017, and include several charges of illegal baiting, unlicensed hunting, and transporting harvested game across state borders (from the Nebraska equipment supplier to his home in Ohio). The allegations stem from incidents in Custer, Blaine, Valley, Gosper and Keith counties. The indictment is 20 pages long. For the sake of brevity, it should be noted that hunting deer and/or turkey using bait is illegal in Nebraska. In addition, the indictment alleges numerous « open acts » against the Bowmars. In criminal law, an open act is one that prosecutors believe can be clearly proven by evidence and from which criminal intent can be derived, as opposed to a simple intention in the mind of committing a crime. But they are now ready to go to federal court. Together, they are charged, among other things, with hunting turkeys without a valid license, illegally transporting game across state borders, and illegal baiting wild animals. Their story begins with the Bowmars legitimately leaving a Nebraska Walmart in their 2016 Gray Toyota Tundra pickup truck as they pulled a toy RV en route to a prepaid hunt in Kansas.
During this peaceful and legal walk, the Bowmars were arrested by the U.S. Fish & Wildlife Agency in an unusual manner. More than 30 defendants pleaded guilty in this case, resulting in fines of more than $500,000 and 53 years of revocation of hunting and fishing privileges. A total of 97 animals were illegally captured. HHO has also regularly killed non-wild migratory birds, i.e. birds such as red-tailed falcons and American kestrels. The latter is a violation of the Federal Migratory Birds Act. While Bowmar was not charged with wrongdoing at the time, Alberta amended its hunting laws in 2018 due to the outcry over banning spears as a legal method of ingestion. The penalty for hunting with a prohibited firearm in Alberta is now a maximum fine of $50,000 and up to one year in prison.
Grand Jury Allegation 4: On or about November 8, 2016, Sarah Bowmar killed a wild turkey in Blaine County while emanating from a position on a road and in the county`s right-of-way, in violation of Nebraska law. The complaint goes on to say that it illegally transported Turkey or parts of it in interstate trade. Preston explained that the Bowmars pleaded not guilty when asked if Sarah Bowmar denied the allegations of illegal turkey hunting without the proper license. The lawyer for a couple of Ohio bow hunters popular for their hunting and fitness channels on YouTube has asked the United States. The Nebraska District Court will dismiss all criminal charges against them and remove all evidence gathered as part of an investigation into alleged illegal hunting and poaching activities, including bait hunting and hunting without a proper license. Grand Jury Allegation 5: Josh Bowmar killed a targeted goat, a 10-pointer, on or about December 29, 2016, while in sight and in a bait zone. The complaint also states that Bowmar illegally transported the deer or parts of it out of the state on or about January 1, 2017. The legal situation is related to outfitter Jacob Hueftle, which was sentenced to federal prison terms for hunting offenses. Thirty defendants, including several well-known figures in the hunting industry, have pleaded guilty, $570,453 in fines and refunds have been budgeted, and 53 years of hunting and fishing licenses have so far been confiscated in what is considered the largest poaching case in Nebraska`s history. Preston said his clients have chosen to tackle the legal challenge head-on.
The complaint against the Bowmars contains other allegations. Most of them focus on illegal bait vines. In Nebraska, it is illegal to set up a bait zone to catch big game or turkey from 10 days before the opening of a big game or turkey season and throughout that season. It is also illegal to shoot from the right-of-way from any public highway, including the busy surface and right-of-way. According to State Law 72-221.01, the rights of the public highway thus enshrined may not be less than thirty-three feet from the section line and at least sixty-six feet through the part of the section in which the established road winds through the section described. The plaintiffs in the case are individual consumers who live in Iowa, Texas, New Jersey, California, Florida and other states. They say they relied on Bowmar`s claims about the content of its protein-fortified products, which include nutrition bars and powders. These claims are made on product labels and on the company`s website and, according to the applicants, significantly exaggerate the amount of protein in each product. When asked if the Bowmars refuted claims that they had a personal interest in a commercial deer food product associated with HHO co-owner Jacob Hueftle, Preston wrote: « . There has never been a viable business for a deer feed product. There has never been a product on the market.
Grand Jury Allegation 3: On or about October 27, 2016, Josh Bowmar knowingly and illegally established, used or maintained bait areas to catch white-tailed or mule deer, and hunted a specific white tail nicknamed « Goalpost » in a bait area. « The Bowmars immediately abandoned their cell phones when these armed men dressed in civilian clothes identified themselves as federal and state fisheries and wildlife agents. Government officials said they « just wanted to talk » to the Bowmars about hunting the Hidden Hills Outfitters, that they were not under arrest, and that it would only be a matter of a few minutes. Since he had no problem with this, Mr. Bowmar agreed to speak to these officers quickly, but told them that he was on his way to Kansas and that he must be there at some point. Mr. Bowmar wanted to talk to the officers who had had the illegal traffic stop. In other words, the lawyers argue, consumers cannot claim to be « deceived or hurt because of a `false statement` that they admit they were aware of. » « The defendants are asking this court to reject the information because the government`s actions violate the 10th Amendment to the U.S.
Constitution. Powers not conferred on the United States by the Constitution or prohibited by the Constitution to the states are reserved to the states or .dem people. « The Lacey Act is draconian in its application and effect on the hunting community, » Preston wrote. « The Lacey Act makes the violation of hunting laws, which under state law could result in a small fine, the proverbial `federal case` with excessive fines and jail time that come into contact with the nature of the alleged crimes.