Three Montana Army National Guard members face criminal trespassing charges from the Montana Department of Fish, Wildlife and Parks after a UH-60 Black Hawk helicopter that they were flying in allegedly landed on private property in the Crazy Mountain foothills of Sweet Grass County, reports the Big Timber Pioneer.
While on the ground, the helicopter crew allegedly took elk antlers from the private ranch land, according to witnesses and officials.
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Charges of "Criminal Trespass To Property" were filed against the three defendants in Sweet Grass County Justice Court on Tuesday.
The three guardsmen and defendants are Michael Vincent Bray, 30, from Helena, Perry Wray Woodland, 30, from Great Falls, and Deni Lynn Draper, 36, from Clancy. The men are accused of "entering posted private property for the purpose of elk antler retrieval," reads the citations.
Bray's citation also reads: "landed [a] military helicopter on private property."
Criminal trespassing is defined as entering or remaining unlawfully, according to Montana state statute. The legislation specifies a person convicted of criminal trespassing could be fined $500 or less, and/or be imprisoned in county jail for les than six months.
The incident, which was first reported in the Big Timber Pioneer on Tuesday, raises questions about military accountability and private property rights. The defendants are ordered to appear in court on May 28 in Big Timber.
"It is not the usual trespass call. I've never seen anything like it before," said Sweet Grass County Sheriff Alan Ronneberg, who confirmed his office received the initial complaint.
Neighboring ranchers David and Sandy Holman noticed a conspicuous grey-black Blackhawk helicopter of the Montana Army National Guard landing in their vicinity near Billy Creek, west of Melville, on the afternoon of May 4.
"They called me, pretty alarmed," said rancher Linda McMullen, 71, referencing the incident in question on her land during a phone interview.
"Do you know there is an Army helicopter on your land picking up elk antlers?'" she was asked.
"It is tough enough to pull a profit," said McMullen, who estimated desirable early brown elk antler sheds can be worth thousands of dollars. "I started making calls. I called the game warden to hold these people accountable for what they've done."
Sweet Grass County Game Warden Austin Kassner referred questions to his senior officer. "I have been directed to have you contact my captain, Randy Hutzenbiler," he said.
"FWP has no comment as it is an active investigation," said Hutzenbiler. "We will share information as it becomes public to protect the sanctity of the investigation. We are working with evidence and have not consulted the county attorney's office."
On Tuesday, a spokesperson for the National Guard acknowledged the incident took place and that they are investigating.
"The aircrew allegedly landed on private property and collected antlers," said Major Ryan Finnegan, state public affairs officer with the Montana National Guard. "The Montana National Guard is investigating the incident, which was witnessed by a local landowner and reported to a Montana Fish, Wildlife, and Parks game warden. MTNG Leadership takes this matter seriously and is working to complete a thorough and rigorous review of the incident with FWP's law enforcement division."
"I had a chance to talk to our senior pilot who was in contact with the landowner," Finnegan said. "Sounds like they have spoken twice. He reached out to ask to be able to give an in-person apology and to coordinate returning the items."
McMullen, the landowner, confirmed a conversation with a high-level National Guard official had taken place.
"A lieutenant colonel said (they'd) meet in person and bring back the antlers," said McMullen, citing calls from National Guard leadership and a former local law enforcement official, requesting she not press charges on the helicopter servicemen.
"They used the excuse these are good guys, that I don't want to ruin their careers," she said. "They should have thought about that before doing this. I think people need to know this is happening."
Finnegan did not expound on whether the senior pilot and the "colonel" that McMullen mentioned are associated or the same individual, and did not identify the senior pilot.
"Nothing further," he commented, when questioned whether it was known if a Colonel with the branch contacted McMullen to dissuade her from pressing charges.
"We are conducting interviews with crew on what they were trying to do, what their mission was out there," said Finnegan.
He explained he did not know if the Federal Aviation Administration was involved in investigating a potentially unauthorized non-emergency landing. "We knew it was a big deal."
COMMENTS FROM MAJOR GENERAL
An official statement from Major General J. Peter Hronek, adjutant general of the Montana National Guard, was released Wednesday.
"I am aware of an alleged incident involving a Montana Army National Guard helicopter landing on private property without authorization," reads the statement from Hronek, regarding unauthorized military aircraft use on Wednesday, May 4. "An internal investigation is underway, and appropriate adverse and/or administrative action will take place if the allegations are determined to be true. if true, this behavior does not align with the values of the Montana National Guard. Misuse of military equipment erodes the trust we strive to uphold with the people of Montana. Every member of the Montana National Guard is expected to uphold the highest standards of integrity, responsibility, and respect for the law.”
Big Timber Pioneer editor's note: This is a developing story. Comments were requested from the Holmans and the office of Christy Clark, FWP director, but replies were not received in time for production deadline.
