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POST 35: Investigation Report - Page 5 Game and Fish Contacted Gibbs

Page 5 of the Investigation Report referenced how Game and Fish contacted Gibbs's place of employment and stated he was "witness to the violation." 

As we learned in POST 12, Gibbs's place of employment was contacted by the Game and Fish investigator. The investigator for Game and Fish (Winkelman) stated they wanted to speak with Gibbs because he was "witness to the violation." They referenced this on page 5 of the Investigation Report. See the image below.

Page 5 of the Investigation Report by Game and Fish referencing a "violation." 

Here is what the Investigation Report states, "On April 22, 2019 Winkelman called the Burleigh County Sheriff's Office trying to locate GIBBS, who is a deputy for the Burleigh County Sheriff's Office. Winkelman talked to Aaron Silbernagel,, Investigations Supervisor. Silbernagel provided Winkelman with a telephone number for GIBBS and asked if it was anything they needed to know about. Winkelman told Silbernagel that GIBBS netted a fish that was under investigation and he was a witness to the violation. Winkelman was later contacted by Lt. Dustin Olson with the Burleigh County. Olson asked to be kept informed with the investigation. Olson requested a copy of the video provided by Ahrens. Winkelman provided Olson a copy of the video. Winkelman called GIBBS and left a message. GIBBS called Winkelman back at approximately 7:36pm. Winkelman told GIBBS he would like to meet with him regarding the potential state record fish. GIBBS stated he was working until 5:00 pm the next few days and had a few other commitments but agreed to meet Winkelman at the Game and Fish office on April 23, 2019 at 5:00pm." 

I caught the walleye on April 21st, and Game and Fish verified the walleye that night. They published a press release in the morning of the next day (April 22nd) announcing my walleye was the new state record. Hours later, the investigator contacted Gibbs's place of employment and stated my walleye was "under investigation" and Gibbs was "witness to the violation."

I did provide information and evidence to Game and Fish up until this point. The statement by the investigator demonstrated to me, he already had his mind made up about what had happened and that he wasn't looking for information to prove my walleye was caught legally.

Changes

Because the Game and Fish investigator stated my walleye "was under investigation" and Gibbs was "witness to the violation," I had to seek legal advice. Game and Fish didn't contact me to ask for more information and didn't even give me the benefit of the doubt. Instead, it was implied a "violation" occurred. Up until this point, I had been providing evidence and information to Game and Fish and even asked if they wanted more information.
A beneficial and simple change would be for an investigator to reach out when someone states, "let me know if you have any other questions or want more information" instead of contacting others and stating a "violation" occurred. 
I would have been more than willing to provide additional information and evidence to Game and Fish if they would have asked and wouldn't have implied a "violation" occurred. This is because I believe every record fish, deer, etc. should be investigated for acts of fraud. The public deserves nothing less than the truth, transparency and accountability. But, if someone implies you committed a violation, that would prevent a lot of people from cooperating.
If (when) this happens again, the investigator should refrain from announcing their conclusion or judgment of guilt until they have reached out and gathered all of the information. 


#northdakotaslargestwalleye #volkswalleye #justiceforthelargestwalleye

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