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Showing posts from 2020

Frequently Asked Questions

Questions and Answers Even after more than a year, I often get asked a lot of questions. Because of this, I have decided to create a list of frequently asked questions and my responses:  Why did you create this blog? This blog was created to initiate change. G ame and Fish published their side of events with the deliberate intention to mislead you. They omitted and added information to make me appear guilty. For example, they left out the fact they refused to review my evidence which included the walleye itself. Game and Fish intentionally left out key witness statements in their report. For example, they intentionally left out images, videos and statements from the officers who verified my walleye. Then, Game and Fish made a "conclusion" without any evidence. If that wasn't bad enough, they didn't allow me to appeal their decision or defend myself in court which violated my Due Process. This blog is providing you with all of the information. If there are areas where ...

Advocate for Changes

Changes Let me be straight with you. I don't care where you believe my walleye was hooked or how you believe my walleye was caught. This blog was not created to support me holding a state record. All I am asking is for you and others to read what happened to me and identify places where changes could be made for the better. If you identify areas to improve on, advocate for those improvements. If we request changes to the laws, protocols and procedures, it will make it better for everyone. *My next statements are "what if" scenarios. In NO way shape or form am I implying anything with the scenarios listed below. I firmly believe my walleye was caught legally with the hook in the mouth. Verification of Records Currently, there is no process or procedure used by Game and Fish to verify record fish and all they do is "verify the weight." They don't provide information, images and videos to the public. They don't inspect the fish for any holes or damage. They...

POST 44: Potential Violations by Game and Fish

Potential violations by Game and Fish It is my belief Game and Fish acted unethically, and even unlawfully in the way they handled my case. Let me make it clear, I was NEVER convicted of a crime, yet I was punished by being given a written warning and told my walleye didn't qualify for a record. Game and Fish published a press release announcing my walleye broke the state record even though I NEVER filled out the application to be recognized for a record. Game and Fish created a one-sided, misleading investigation report which was published in the media. Game and Fish refused to review my evidence when it was offered to them on May 10th. Game and Fish also stated, there was no way to appeal their decision. Below, I have highlighted different sections of law where I believe Game and Fish committed violations. *Let me be the first to point out, I am not an attorney. The points listed below are my interpretation of the laws. ________________________________________ Due Pr...

POST 42: Potential Bias by Game and Fish

Did Game and Fish demonstrate a bias? Please take your time and read through this post carefully. It is the most important post of them all. I will detail actions by Game and Fish which demonstrated a potential bias. 1. Game and Fish contacted Gibbs's place of employment and stated, "witness to the violation" just hours after announcing my walleye broke the state record. If you remember, I caught my walleye on April 21st. It was around 9:00 am on Monday, April 22nd, the day after I caught my walleye, Game and Fish published a press release stating my walleye was the new state record for North Dakota. Again this was done even though I NEVER submitted the application to be recognized for the state record. See the image of the press release below: It was less than four hours after the press release, Game and Fish contacted Gibbs's place of employment and stated my fish was "under investigation" and Gibbs was " witness to the violation ." T...

POST 41: State's Attorney's Letter

State's Attorney's Letter to Winkelman The Investigation Report included the following letter from the Morton County State's Attorney. If you can't read the letter from the image, here is what is written: "Dear Warden Winkelman: Thank you for your referral to review the submitted investigative report and attachments involving the activities on April 21, 2019, on the Heart River downstream from the North Dakota State Highway 6 Bridge, in Morton County.   Several members of the prosecution team here at the Morton County State’s Attorney’s Office, including me, had the opportunity to review your report and the accompanying video of the incident on April 21, 2019, involving Mr. Volk’s angling activity on the Heart River and the landing of the walleye fish in question. After a careful and considered review of the report, along with the witnesses’ statements, and the actual video of the event, our team is of a consensus view that the walleye in issue ...

POST 40: Investigation Report Page 9 - Reference to May 10th Conversation with the Investigator

Page 9 of the Investigation Report referenced the May 10th conversation between me, my attorney and the Game and Fish investigator On May 10th, I professed my innocence to the investigator and offered all of my evidence including images, videos and the walleye. Funny how those details didn't end up in the investigation report. The image below highlights the area in the report which referenced the May 10th conversation with the Game and Fish investigator.  If you can't read the image, here is what it states, "On May 10, 2019 Winkelman talked to VOLK and Lofgren by telephone. Winkelman informed VOLK that he would be issued a written warning for illegal possession of a fould hooked fish. VOLK asked about the record status of the fish and Winkelman informed VOLK that the fish would not be recognized as a state record. VOLK asked to have the written warning mailed to him. Winkelman mailed written warning NO. W02490 to VOLK on May 10, 2019."  If you have not rea...

POST 39: Investigation Report Page 9 - Reference to State's Attorney Letter

Page 9 of the Investigation Report referenced the State's Attorney letter See the image of the Investigation Report where it referenced the letter by the States Attorney.  If you can't read the image, here is what it states, "On May 6, 2019 Winkelman met with Morton County States Attorney Allen Koppy. Winkelman provided Koppy with a draft report for his review. On May 7, 2019 Winkelman received a letter from Koppy stating in part: several members of the prosecution team here at the Morton County State's Attorney's Office, including me, had the opportunity to review your report and the accompanying video of the incident on April 21, 2019, involving Mr. Volk's angling activity on the Heart River and the landing of the walleye fish in question. After a careful and considered review of the report, along with witnesses' statements, and the actual video of the event, our team is of consensus view that the walleye in issue was foul-hooked or snagged i...

POST 38: Investigation Report - Page 9 Referenced Conversations with the Investigator

Page 9 of the Investigation Report referenced my conversations with the investigator Below is an image of page 9 of the Investigation Report which reference my conversations with the investigator. Did Game and Fish lie - in writing? Neither Gibbs nor any "witnesses" said they saw the fish foul hooked! In fact, the only witness who provided an official statement said, "I could not see the hook in the fish."  If you can't read the report in the image, here is what is documented: "On May 1, 2019 Winkelman contacted VOLK by telephone. VOLK stated he was currently represented by Jackson Lofgren and that he wanted to talk to his attorney before speaking." "On May 2, 2019 VOLK called Winkelman on his cell phone and informed Winkelman that he would not be providing a statement per the advise of his attorney and that he would not consent to Game and Fish taking the fish without a search warrant. Winkelman stated to VOLK a decision would be made ba...