Sangray Case Dismissed
 | Author:
Dee Gannon, MT43 News Correspondent
MT43 News Correspondent |
Sangray Case Dismissed
Dee Gannon
MT43 News Correspondent
December 20, 2023, brought about an ‘old’ case to Justice Court, on a charge of hunting without permission in Broadwater County. The Attorney General’s Office, specifically Assistant Attorney General Micheal Gee, had the case (and trial) dismissed with prejudice (meaning the case cannot be reheard in any court). The reason he gave was that the AG’s office doesn’t have enough evidence to find Joshua Sangray Guilty of hunting without permission or trespassing.
The case stemmed on a ‘corner crossing,’ where someone moves from one corner of public land to the other parcel of public land where the corners meet. The problem with this is that sometimes the person has to step on private land to reach that other corner. There are 8.3 million acres of public land in the West that is ‘corner-locked’ and only accessible by stepping on (or across) private land, according to Montana-based onXmaps.
Cory Swanson handed off the prosecution of the case to the Attorney General’s Office; as he was being deployed by the National Guard last year.
In April of this year, a Wyoming U.S. District Court Judge, Scott Skavdahl ruled in favor of four Missouri hunters, saying that they did not trespass when they crossed from public land to public land using a ladder, next to Fred Eshelman’s Elk Montana Ranch, according to a story byWyoFile.com
Eshelman has appealed the ruling to the 10th District Court.
Because of this decision, the director of Montana Fish, Wildlife and Parks issued a press release stating that ‘corner crossing’ is illegal in Montana. However, Montana lawyers countered this, saying it is not settled case law.
October 3, 2021, FWP warden, Sgt. Justin Hawkaluk received a call from Jeff Brozovich, the then-manager of the G/T Ranch, reporting that someone was possibly trespassing and hunting on the G/T property. G/T is located at the base of the Big Belt Mountains. The trespass allegedly occurred off of Gravelly Lane. In that area, two blocks of BLM acreage are connected at the corners with G/T land connected at the other two corners. October 9, Brozovich called Hawkaluk again, saying he spoke to Sangray on G/T Ranch property; which was confirmed later by survey, that the interaction, was indeed, on G/T land. On October 17, a trail camera on the ranch clearly showed Sangray, on G/T property, carrying a bow and wearing camouflage.
The G/T Ranch was at the center of another hunting incident in 2014. Landowners and hunters clashed when a concentration of about 500 elk attracted hunters on the opening weekend of the season. A frenzied shootout resulted in 30 elk kills and three hunters cited for hunting without permission. The incident raised concerns about hunting ethics; which prompted the Legislature to consider stronger penalties for hunting violations.
