Gibbs's Official Statement
On May 1st, against attorney advice and after Game and Fish contacted Gibbs's place of employment a second time, Gibbs provided an official statement. His statement was face-to-face with the investigator.Gibbs's statements on how the walleye fought and was netted.
When compared to photo and video evidence, Gibbs accurately explained how my 16 pound 9 ounce walleye fought and was netted. Here is a brief summary of what Gibbs stated:- Gibbs stated, "I don't think we foul-hooked any walleye...he (Tom) has pictures."
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| I provided Game and Fish this image on April 22nd. |
Here are sound clips of the statements made by Gibbs discussing how the fish was fighting: https://youtu.be/iYqA1AD5IQ0.
- Gibbs stated, “it (the record walleye) was ripping drag…fighting like a normal fish…you could see the head shakes…never saw where it was hooked in the water…fighting like a normal-hooked walleye the entire time. I had no doubts.”
- Gibbs stated, “He (Tom) said he thought he saw it hooked in the mouth. There's a huge hole in the mouth."
- Gibbs stated, “I didn’t see the fish coming in tail first. It was fighting like a normal-hooked walleye the entire time."
- Gibbs stated, “the water was as dark as chocolate milk…took me a minute to find it (the walleye)…had to run further to find it…it was staying underwater.”
- Gibbs stated, “…fish that big, couldn’t get it across in the current…took me a minute to find it…had to run further to find it…was staying underwater…head was upstream…I got it in the net tail first…reached out as far as I could…scooped it up…head was upstream...was out as far as I could…hand extended fully on the handle.”
- Gibbs stated, "Threw the net over my shoulder…I could feel it (the walleye) flopping on my back. Yup. It was flopping. It sure felt like it was flopping.”
The walleye could easily be seen changing positions in the net in the Witness Video which Game and Fish had in their possession. They could have used the video to prove Gibbs's statements about the walleye flopping in the net as true.
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| Screenshot from Witness Video showing the walleye upright in the net. |
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| Screenshot from Witness Video showing the walleye upside down in the net. |
- Gibbs stated, "People were hoop’n and holler’n…it was a big fish…I netted the fish…I wasn’t looking for the line or hook...I couldn't see the string...Tom uses dark line...saw the size of the fish…threw it over my shoulder…ran up the bank…wasn’t looking for the hook…didn’t see the hook…”
- Gibbs stated, “Everybody was hoopn’ and hollern’."
Why would witnesses lie?
The investigator stated, “One of the guys that was standing right next to you guys (Knuth) said the two that were caught before that one were smaller…but both of em were hooked in the same exact spot as that one (my record walleye).” "What reason would people who are standing there fishing have to lie to me about that?...probably no reason." Video: https://youtu.be/EAPlEMVzee8.
The investigator stated “the two smaller fish” caught before were hooked in the “same exact” spot as the big walleye.
Considering my images prove the two smaller walleye caught before the big walleye were hooked in the mouth, the Game and Fish investigator just admitted my walleye was hooked in the mouth.
Gibbs's statements were supported by evidence.
Nearly all Gibbs's statements were supported by direct evidence, yet he was called a liar several times during his 47 minute interview with the investigator. Here were just a few statements the investigator made to Gibbs, “I'm not saying Tom snagged it on purpose...No doubt in my mind it was foul hooked…The fish didn't flop... can see it in the video...what's in the video is wrong then...You need to tell the truth…I really have a hard time believing you…The reason you would have to lie would be to protect Tom…There's a lot of made up crap out there on both sides...I'm sure the fish was foul-hooked, I'll be honest with ya, I have no question on that. I know he wasn't snagging on purpose. When did Tom know the fish was foul-hooked? I'll give Tom the benefit of the doubt, he might not have known it was foul-hooked. I don’t think you told the whole story…the story Tom is telling everybody is 100% not what happened...not the truth…”Why did the Game and Fish investigator have such a difficult time believing Gibbs? Much of what Gibbs stated could have easily been proven true with the evidence Game and Fish had in their possession which included the image of my son holding up a walleye hooked in the mouth with Knuth in the background. They had the Witness Video showing how the walleye changed positions in the net. The Witness Video also documented how the hook was not visible prior to the walleye being caught or on either side of the walleye after it was netted. Game and Fish recorded a video of my walleye being weighed showing no damage from a hook to the back, body fins or tail. They had images of my walleye showing the string burn on the cheek.
Game and Fish had a lot of evidence to support my walleye was hooked and caught legally.
Gibbs asked about the verification process.
Gibbs asked the investigator, "Did your Game and Fish officers even inspect the fish...they were with the fish for two hours...did they even inspect the fish?" The response was, "I don't think they looked at that...because they had no reason to at the time..." Gibbs stated, "You got Game and Fish standing next to the fish for two hours...they would have at least looked at the damn fish...this could have solved a lot of issues a lot sooner..." Video: https://youtu.be/dY8NCkCn0Fg.I couldn't have said it better myself. The only purpose for this blog is to request changes in laws, protocols and processes.
Game and Fish should have a process in place to verify record fish.
Gibbs stated "He's saving the fish for you..."
Gibbs also stated, "I know he didn't send the fish off for mounting...he told his attorney, it will be in his freezer, waiting. He is waiting for you guys to get a subpoena to come get the fish. He's waiting for it. He wanted to send it out and get it done right away, but with this, he said he wants everything to be legit. He's keeping everything perfectly frozen in the freezer. He said it's there. It's not going anywhere until this is all done. He wants everything to be legit. He's a good guy. He's not going to hide it. He's not going to go throw the fish in the dumpster. He's not going to do anything like that." Video: https://youtu.be/2_AKUMg_FW0.A part of me wishes I would have thrown the walleye in a dumpster. No fish is worth what I have gone through.
What did Gibbs Believe?
When Gibbs provided his official statement, the investigator never asked Gibbs what he thought he saw or what he believed occurred.
The investigator specifically refrained from asking any questions about what Gibbs believed.
When the walleye was caught, Gibbs asked several times if I was going to mount the walleye and never raised any concerns as to where the walleye was hooked. He never tried to prevent me from leaving with the walleye and celebrated with me when it was verified. When Gibbs spoke with me later, he stated he had no concerns as to how the walleye was caught and believed it was caught legally. He stated it was possible the walleye wrapped itself in the string as it fought and could have spit the hook when it was netted. Why didn't the investigator ask what Gibbs believed or thought happened?
Changes
Why did the investigator have such a difficult time believing Gibbs? Did the investigator already have his mind made up about what had happened? An investigator who has his mind made up won't seek out information or evidence to prove the contrary. When someone believes they already know what happened and make the statement new evidence "won't tell them anything new," the investigation will become biased.An investigation must be thorough and impartial.Much of what Gibbs stated to the investigator could have been corroborated by the evidence in his possession. Why didn't the investigator compare Gibbs's statements to the evidence? This should have happened.
Gibbs provided many statements which supported his belief my walleye was caught legally. These statements were intentionally left out of the investigation report. This type of "cherry-picking" needs to stop.
In a court of law, all statements made and evidence provided would have been considered.Why did the investigator intentionally refrain from asking what Gibbs believed happened? The responses by Gibbs would have provided context to why he asked me if I was going to get my walleye mounted. Gibbs had no concerns as to how the walleye was caught and his beliefs would have provided context. They should consider asking these questions in future investigations.
#northdakotaslargestwalleye #volkswalleye #justiceforthelargestwalleye
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