BLUEFIELD – A Mercer County man says two West Virginia Department of Natural Resources falsely accused him of poaching two trophy deer and wrongfully seized the antlers.
David Craft filed his complaint February 7 in federal court against John D. Gills and Andy Damewood. Both of the defendants are West Virginia DNR police officers. At the time, Craft lived in Statesville, N.C. He has since moved back to his native West Virginia.
According to the complaint, Craft killed two trophy deer in the fall 2020 hunting season. One was killed in McDowell County, W.Va., which is one of the state’s bowhunting-only counties. The other was killed near his home in North Carolina. He says both deer were lawfully taken, properly tagged and registered in each state. Craft took both sets of antlers to a taxidermist in North Carolina for proper mounting.
Bryan
In late January 2021, the WVDNR opened a criminal investigation into Craft after members of a private hunting club in McDowell County apparently saw photos of Craft’s conquests and speculated the deer might have been killed on their land by an out-of-state hunter.
“The defendant officers were more concerned with protecting local hunters from out-of-state hunters than with performing an unbiased investigation into whether any crimes had been committed by the plaintiff,” the complaint states. “The defendant officers were additionally concerned with seizing the plaintiff’s trophy antlers themselves, so as to gain notoriety, enrich their employer through increased fines, as well as the ability to display the antlers for the West Virginia Department of Natural Resources, than they were with performing an unbiased investigation into whether any crimes had been committed by the plaintiff.”
The complaint says the DNR never had evidence Craft had committed any crime. Still, officers seized the antlers, which were at the taxidermy shop, and charged him with numerous wildlife violations. The complaint says it amounted to a “charge first and gather evidence later” prosecution strategy.
On February 8, 2021, Gills and Damewood traveled to Craft’s home and met with some North Carolina wildlife officers. The complaint says none of the officers did not obtain a warrant or other court order allowing the seizure of Craft’s antlers nor an arrest warrant for Craft.
After the officers seized the antlers at the taxidermist, they returned to Craft’s home and, while standing in his driveway, issued him multiple handwritten West Virginia citations, including two counts of hunting without permission, two violations of illegal possession of wildlife with enhanced penalties, two violations of hunting without a Class Y permit, one count of hunting after the legal limit, one count of “allowed one deer with bow” and hunting without an S Stamp.
Craft also mentions a February 2021 West Virginia MetroNews article that showed Gills posing with the sets of antlers with the headline, “North Carolina man faces serious poaching charges in W.Va.” The story says Gills and colleagues were “able to come up with photographs and other physical evidence … which proved both bucks were killed in West Virginia.”
“Now, North Carolina investigators are closely watching the West Virginia case and the individual will likely face charges in his home state as well,” that story said, noting that Gills also mentioned the “trophy status” of the antlers and that the state Legislature recently had increased “replacement costs” for trophy bucks found to have been killed illegally.
The 2021 MetroNews story did not identify Craft because officers wouldn’t release his name.
In his complaint, Craft says he had to travel from North Carolina to Welch, W.Va., for multiple court appearances. The hearings were continued multiple times because Gills and Damewood said they were awaiting DNA test results. Craft says no verification of any DNA testing being requested or actually occurring.
Craft says the defendants were conveying false information to him and to the court to try to get him into waiving his right to a jury trial and allowing them to keep the antlers. He refused to waive that right. Just days before the trial was scheduled to begin in April 2022, the state moved to dismiss all charges against Craft.
On July 28, 2022, Craft’s antlers were returned to him. But the “capes” attached to the antlers were ruined while in the state’s possession, making it impossible for the taxidermist to properly mount them.
Craft also notes that the DNR never issued a statement redacting or clarifying its initial press release that accused him of being an out-of-state poacher facing serious fines and criminal convictions in two states. He says he also never has received an apology.
Craft accuses the defendants of malicious prosecution and unreasonable seizure, both violations of the Fourth Amendment of the U.S. Constitution.
He seeks compensatory damages, punitive damages, attorney fees, court costs and other relief.
Craft is being represented by attorney John H. Bryan of Union. Bryan declined to comment for this story.
U.S. District Court for the Southern District of West Virginia case number 1:23-cv-00098
