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by tigers9 on January 20, 2008
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<snip>
That case started with an investigation by the Indiana Department of Natural Resources of classified ads allegedly posted by Draper on a Web site -- venomousreptiles.org -- through which he wanted to buy snakes.
An undercover DNR officer telephoned Draper on Nov. 25, 2006, and asked whether he'd be willing to trade some timber rattlesnakes for a gaboon viper, according to DNR. A buy-bust operation with surveillance equipment was set up in the parking lot of a supermarket in New Castle.
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http://www.thestarpress.com/apps/pbcs.dll/article?AID=/20080120/NEWS01/801200349/1002&template=printart
Article published Jan 20, 2008
Poisonous-snake lover spends 29 days in jail
Dustin Draper has been convicted once of possessing a rattlesnake but is fighting new charges.
By SETH SLABAUGH
seths@muncie.gannett.com
MUNCIE -- A poisonous-snake enthusiast who was twice the target of DNR buy-bust operations declined a proposed plea agreement in Muncie City Court last week and maintains he is innocent.
The agreement called for Dustin Draper, 21, 2607 N. Morrison Road, to plead guilty to misdemeanor unlawful possession of an endangered species (three baby timber rattlesnakes) for which he would have received a 365-day, suspended jail term, a $100 fine, unsupervised probation, court costs of $160 and 20 hours of alcohol education.
Draper didn't sign the agreement because "his attorney believes he has additional information that both of us need to investigate further," said Deputy Prosecutor Anthony Rufatto.
Draper referred questions to his attorney, Steven Bruce, who did not return a phone message from The Star Press.
On Oct. 11, Draper pleaded guilty to misdemeanor illegal taking of a wild animal --a timber rattlesnake -- without a permit, for which he received a $200 fine, 30 hours of community service and a 60-day, suspended jail sentence.
That case started with an investigation by the Indiana Department of Natural Resources of classified ads allegedly posted by Draper on a Web site -- venomousreptiles.org -- through which he wanted to buy snakes.
An undercover DNR officer telephoned Draper on Nov. 25, 2006, and asked whether he'd be willing to trade some timber rattlesnakes for a gaboon viper, according to DNR. A buy-bust operation with surveillance equipment was set up in the parking lot of a supermarket in New Castle.
But Draper didn't show up, stating over the phone he didn't have enough gas for the trip, so the operation moved to Muncie, where officers followed Draper as he drove from his apartment to a nearby school and went inside, investigators say. As Draper and a female companion left the school, officers approached Draper and advised him they had obtained a warrant to search his apartment. He acknowledged possessing a timber rattlesnake in his apartment and reportedly gave his consent to search the apartment.
Another investigation of Draper was started in October of 2007 by an undercover Kentucky DNR officer, who says Draper contacted him about buying snakes. The officer mailed three baby rattlesnakes to Draper, who allegedly agreed to wire $30 to the officer.
Investigators say they videotaped Draper on Nov. 1 taking a city bus to a Muncie post office, where he picked up the snakes and took them back home with him on the bus. Officers arrested Draper at his apartment and took him to jail, where he was kept until Nov. 29.
On that date, Draper's probation in the prior case was revoked, and he was sentenced to the maximum 60 days in jail and freed after being given credit for time served and good behavior.
On Dec. 10, a person named Dustin Draper posted a message on venomousreptiles.org -- the home of the Southeastern Hot Herp Society -- stating, "Help! I've been set up."
"I was set up by so-called conservation officers," wrote Draper, who claims he tried to back out of the deal with the Kentucky DNR officer. He denies paying for the snakes, but admits picking up the package of snakes from the post office because "I obviously couldn't leave it there."
"What they did was wrong, and I am not guilty," he wrote. "I simply have a love for snakes like all of us (on this Web site) do. And have tried for a very long time to get the permit here. It's all a conspiracy here in Indiana. That's why only five to 10 people have a license here."
The DNR takes law enforcement action against people like Draper because "we view it as a public safety issue," said Indiana conservation officer Lt. Mark Farmer. "The reasoning behind the law is to reduce the risk to the public from people who possess dangerous animals."
Farmer added: "On top of that, timber rattlesnakes are rare, thus the prohibition of ownership unless you have a special permit, because we want to protect the resource."
While some people enjoy reading, fishing and working on cars as hobbies, others like Draper engage in snake collecting to relax, Farmer said. But to do so, they need to obey the law.
A trial is scheduled for March 13 in city court to determine whether Draper followed the law.
Investigators claim Draper possessed a cobra without a permit in August, but no charges have been filed in that case, which was sent to the prosecutor.
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by Chris_Harper on January 20, 2008
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The only reply that I will make to this is that the public safety issue is a ALWAYS overstated. When it comes to venomous snake conflicts with the public at large, Lt. Farmer will have some difficulty tracking down a case where the general population has been injured due to a venomous snake in the possession of a venomous keeper.
The general rule is that venomous keepers are the only people that get bitten by their snakes. Anyone else is the exception, and I know of only 2 cases where someone else in the home was bitten, they were grown adults in the room with the snake by choice, and neither died. The thing that's appealing about sting operations on exotic venomous snake keepers is that it's a headline grabber.
Anything that's related to venomous snakes, and sometimes even non-venomous, gets top-billing - because we live in a society that's terrified of snakes, but as a rule dies from heart attacks, strokes, cancer and car wrecks.
I find it sort of hypocritical that in this particular case, they want to point out the danger to the public because Dustin Draper carried the snakes on a bus (which I don't condone), but the DNR actually MAILED THE SNAKES through the US Postal service, which is a Federal Offense. The State DNR actually broke a Federal Law to carry out this sting. I'm sure the postal workers weren't advised of this plan.
~CH
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by tigers9 on January 20, 2008
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I agree, regarding the “public safety” NON issue.
Many states, including mine have wild native bears, cougars, bobcats, coyote, rattlers (Mohave green is the worst here) , bark scorpions, black widow spiders,..…living UNCAGED and coming to people’s houses and backyards to eat their pets and livestock. Why do people and government (well, in many cases just AR screaming murder) worry about caged tame exotic pets? If the public is willing to live in the wild animal territory, why do they worry about caged tame spoiled pets???
Answer is simple, these exotic bans are just presented to the public as a safety issue,easy to get people confused with big cats and venomous reptiles on the surface, even though the facts don’t back it up,… real agenda is the AR agenda, of no animals in captivity.
If this was about public safety issue, why would Minneapolis just ban very nocturnal and warm weather loving sugar gliders, which if escaped would die and not compete with local wildlife, and these little critters are sure no danger to anybody.
See video testimony here, what a joke:
http://www.rexano.org/DC_LOCAL.htm
If they do this to sugar gliders, what is preventing them to do the same to anoles?
Z
PS: OK, time for me to go to garage to play with power tools, then train/leash walk my lion in the cougar and bobcat territory, rattlers are not active at this time of the year, so no chance of meeting venomous reptiles today on my walk ;-) The most dangerous activity will be my drive to supearmarket later tonight ,hoping to avoid drunken Nevada tourists.
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by yoyoing on January 20, 2008
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Chris,
I agree. "Misdemeanor unlawful possession of an endangered species" resulted in 20 hours of alcohol education. How does that punishment fit the crime? The use of the Post Office by DNS always bothered (and how did DNS obtain these snakes?). This story has more holes in it than Swiss cheese.
Jim
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by soberwolf on January 21, 2008
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I'm not sure of all the facts here. There are at least 2 sides to this story. Still Ignorance is no excuse. Unfortanutely the law doesnt always abide by the rule to do what they do. It does sound like Draper wasnt following the rules either. I think this effects the rights of those that do nearly as much as ignrance does. Again ignorance is no excuse... The rules may not always be what they should, but until they change we have to follow them.Else we may all pay the consequences Shelby
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