Rural Alaska

No jail time for two Point Hope hunters

There will be no trial for two of eight men from the Arctic village of Point Hope accused of leaving caribou to rot on the tundra during a hunt in July 2008. Criminal charges against brothers Randy and Brett Oktollik were dropped today in exchange for a civil hunting violation and a $1,360 fine.

Randy Oktollik, 27, a newlywed power plant employee and father of two, and his younger brother, Brett, 21, have become the first of eight Arctic hunters accused of waste to bring their cases to an end. In addition to paying a fine, they must also perform community service and watch an educational video on properly salvaging big game animals.

On July 4, 2008, Randy Oktollik was among a group of five men, including his younger brother and cousin, who had been out collecting sea bird eggs when they encountered the migrating Western Arctic Caribou herd. Troopers claim the group killed 12 caribou and salvaged three, leaving nine to rot on the tundra.

During the investigation, Randy Oktollik told troopers he had two rounds loaded in his rifle, which he used to kill two caribou. He brought one caribou home and left the second behind because it was "skinny" in the head and legs and the "fat was yellow," according to a written account of his interview with troopers. Some of the hunters have argued they should have the right to leave sick or diseased animals behind, and, unlike Oktollik, are choosing to fight the charges.

The men were originally charged with two misdemeanors: failure to salvage edible meat and wanton waste. Failure to salvage edible meat is punishable with a seven-day jail sentence, a $2,500 fine and loss of a hunting license for up to five years, while the wanton waste of big game is punishable by up to a year in jail and a $10,000 fine. The plea deals spared the men the higher fines and jail time, and they'll get to keep their hunting licenses.

At a court hearing in Kotzebue Friday, those charges were dropped and the men were allowed to enter guilty pleas to a non-criminal "failure to salvage" violation from the Alaska Department of Fish and Game, carrying with it $1,360 in restitution, fines and fees: $850 for the wasted caribou, a $500 fine for the fish and game violation, and a $10 surcharge.

Both men must also spend 20 hours teaching young children about subsistence traditions and the right way to harvest animals, and spend additional time helping elders -- 30 hours for Randy, 45 hours for Brett.

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Randy told the judge he was taking the deal today to "just get it over with." Brett said it was to avoid jail time and a criminal charge.

Whatever the motivation, the Department of Law sees the pleas as a step forward.

"From the start, this case has been focused solely on the violation of state laws regarding wanton waste," Deputy Attorney General Richard Svobodny said in a written statement. "We take these violations very seriously. An important component of this case has been for the defendants to accept responsibility for their actions. That has not occurred until today with these guilty pleas. We are pleased with this development, including the component of the sentence requiring the defendants not only to pay a fine and restitution but also to educate the community on the law and Native subsistence traditions. We are hopeful that others also will accept responsibility for their actions. If they don't, then we will proceed to trial."

The case against eight Point Hope Villagers made headlines even before they were charged in March, when investigators announced that dozens of caribou they found dead and rotting on the tundra near the village constituted the worst case of waste they had ever seen. Eight months later, Oktollik, his brother and six other men stood accused of having a hand in the carnage.

Coming to the defense of its hunters, the Native Village of Point Hope called the case a direct attack on their subsistence way of life, and successfully asked the North Slope Borough for money to help hire defense attorneys.

Trials for the remaining defendants, and sentencing for Brett and Randy Oktollik, will take place in Point Hope in February. A third defendant, Lazarus Killigvuk, is scheduled to take a plea deal next week.

Contact Jill Burke at jill_alaskadispatch.com.

Jill Burke

Jill Burke is a former writer and columnist for Alaska Dispatch News.

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