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. Game 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 proving where the hook was located at the time the walleye was caught and netted. If that wasn't bad enough, they didn't allow me to appeal their decision or defend myself in court which violated Due Process. All of this started because, a witnesses provided false statements. This blog is providing you with all of the information. If there are areas where you believe changes could be made, advocate for those changes. More information can be found in the Welcome Post of this blog. 

What evidence did Game and Fish provide to prove the walleye was foul-hooked? Game and Fish didn't provide any evidence to prove where my walleye was hooked at the time it was caught and netted. There is no image, no video and not even an official witness statement providing any evidence as to the location of the hook at that time. The physical condition of the walleye is this: there is a large hole in the upper jaw, string burn on the cheek pointing to the hole in the upper jaw and NO hole in the tail, back or body of the fish. The physical condition of the walleye supports it was hooked legally. The Game and Fish investigator was offered the walleye to inspect on May 10th, and he refused to look at it. This conversation is recorded and posted in this blog.

Why did it take so long to provide your evidence to the public? I provided evidence throughout the investigation on my Facebook account and completed several media interviews. After the investigation, I was attempting to work with Game and Fish and the Governor's office on changes to the laws and processes. It was only after Game and Fish refused to make changes, I was left with no choice other than to create my blog and provide all of the information to the public. I am still asking for your help to request changes. 

Was the walleye foul-hooked? NO. I do not believe the walleye was foul-hooked, and the physical condition of the walleye supports this. There is no hole from a hook on the back, body, fins or tail. The only damage from a hook is in the mouth of the walleye. I have provided many images and videos throughout this blog proving this point. 

Were you found guilty of keeping a foul-hooked walleye? No. It was never proven my walleye was foul-hooked. Game and Fish stated the "State's Attorney made the determination" based on the Investigation Report provided by the investigator. After an open records request, I can prove information was deliberately omitted or added to the report to make me appear guilty. Read Post 41 for more information. I received a written warning, was not allowed to appeal their "conclusion" and was never allowed to take my case to court. 

Did you cooperate with Game and Fish during the investigation? Yes, I did cooperate. I sent Game and Fish information and images up until the investigator stated my walleye was "under investigation" and implied a "violation" occurred. After these statements by the investigator, I could no longer provide them information. This is when I hired an attorney. Read Post 12 for more information. 

Why did you hire an attorney? I hired an attorney because, the investigator made the statement my walleye was "under investigation" and "Gibbs was witness to the violation." These statements inferred the investigator was not looking for more information to prove my walleye was hooked in the mouth. They were looking for information to prove it was foul-hooked. I did what I had to do to protect myself against the bias of the investigator's statement and any possible criminal charges. Read Post 12 for more information. 

Did you pay for Gibbs's attorney? No. I invited Gibbs to sit in on my consultation with my attorney. I offered to pay for this consultation because I do not believe anyone should be threatened with criminal penalties for netting a fish especially considering my walleye was caught legally. Gibbs is a great guy. He didn't deserve the treatment he received from Game and Fish. Read Post 22. 

Did Gibbs provide you a written statement? I misspoke. At the time, I believed I had more detailed information written in text messages. Text messages to me are written statements which is not the same perception held by law enforcement. My statements to the media were misleading, and I will not speak for anyone ever again. 

Did you provide your evidence to Game and Fish? I sent an email to my attorney stating, "I would love it if they (Game and Fish) came and took the fish for examination...I want Game and Fish to have everything they need to investigate where this hook was when the fish was netted." Read Post 26. My attorney responded to my email stated not to provide Game and Fish any information because of any possible criminal charges. On May 10th, after the criminal charges were dropped, I offered Game and Fish my evidence which included images, video and even the walleye itself. The investigator refused my evidence stating, "my investigation is closed." This conversation was recorded and can be heard in Post 28. 

Did Game and Fish inspect the walleye? I offered the investigator my evidence which included images, video and even the walleye itself on May 10th. The investigator refused my evidence stating, "my investigation is closed." Just so you are all aware, an investigation in never closed until the statute of limitation has passed. To add insult to injury, they omitted the fact I offered my evidence in their Investigation Report which was published in the news - yet again, making me appear guilty. This conversation is recorded and can be heard in Post 28. 

Did you accept the written warning? I agreed to have the written warning mailed to me because, the investigator stated there were witnesses who would testify in court as to seeing the walleye foul-hooked when it was caught. Turns out, this was a lie. There was no official statement from anyone stating they saw the hook in the walleye when it was caught. In fact, the only person who stated they believed they saw the hook was 230 feet away on a moving ATV. But, this person didn't provide an official statement, didn't want his name seen and didn't want to testify in court. So again, there was NO witness willing or able to provide an official statement or testify in court as to the location of the hook when my walleye was caught and netted. Read Post 7 for more information. 

Did you sell your boat? I stopped fishing for nearly 6 months after this event and never wanted to fish again. I listed my boat for sale, but didn't sell it. People contacted me and eventually talked me out of it. They didn't want me to let Game and Fish take away my passion for fishing. 

Did the witnesses lie about your walleye? Yes. The only witness who officially spoke out against my walleye (Matthew Knuth) lied - and this can easily be proven with my images and videos and the physical condition of the walleye itself. There were no other witnesses who provided an official statement. If you read the Investigation Report, you may  be confused by this. There were several people listed as "involved" or as "witnesses." However, this was done to mislead you. Read Post 30, 31 and 32. 

Are you mad at the witnesses who spoke out against you? Yes and No. I have always encouraged people to speak up if they witness something however, if you witness something and feel the need to contact law enforcement, be very sure of what you witnessed. Don't assume you saw something, don't make statements based on perceptions and make sure you are willing to testify in court. The only witness who provided an official statement against my walleye blatantly lied. I can easily prove he lied with my images, videos and the physical condition of the walleye. This does make me mad. What upsets me even more is the fact the investigator didn't use the evidence in his possession to prove the witness lied (read Post 6 and 31). In fact, the investigator believed the false statements more than the true statements made by the law enforcement officer who netted the walleye. I want witnesses who provided false information during the investigation to be held accountable for their actions which is a crime in North Dakota.  

Do you feel like you were judged by others or that your reputation is destroyed? Yes. People told me to "put a gun in your mouth and taste lead." Others assumed they knew the whole story because they read the investigation report and watched  the witness video. People made "conclusions" on just one side of the story and determined my guilt leaving me to prove my innocence. This is opposite of what the law provides in protections. We are supposed to be considered innocent until proven guilty. Proven means in a court of law by Due Process. I was never given Due Process. I was never able to confront witnesses. I was never able to appeal the decision. I was not able to present my evidence. Game and Fish violated my rights. Read Post 44. 

Did you get to keep the walleye? Yes. There was no evidence to prove my walleye was foul-hooked when it was caught. This is why I believe I was only issued a warning and not charged. There is no direct evidence proving where the hook was located at the time it was netted and caught - no images, no video and not even an official witness statement. So, I didn't "get to keep the walleye." It was always mine and remains mine. I had an exact replica made by a very experienced taxidermist which hangs on my wall. It turned out great!

Did you get to eat the big walleye? No. As mentioned above, the taxidermist created an exact replica using a molding technique. In order to create a mold, the fish had to be thawed and kept in a resin for days until the resin hardened. This made the fish inedible and ultimately ruined it. 

What did the taxidermist say about the walleye? The taxidermist reviewed the physical condition of my walleye and documented it with images. His conclusion was, "There is a fresh tear in the mouth of the walleye. That is for sure. There is also a deep tear in the soft dorsal fin which has scar tissue between the rays. It is an old wound, and I don't believe it could have been hooked there. Neither the back, body or tail have any holes or damage so it could not have been hooked there." Based on this information, his expert conclusion was, "The fish was most likely hooked in the mouth when it was caught. The deep tear in the soft dorsal fin was most likely caused when the string got caught in the old tear of the fin further splitting the fin. This would have caused the fish to fight all kittywampus (similar to being wrapped in the string). This is especially true if you use braided line." EXACTLY. Furthermore, if the hook popped out of the fish's mouth in the net, the hook would have followed the string right up to the tear in the soft dorsal fin. But even if you don't want to believe this, it proves reasonable doubt. The taxidermist came to this conclusion without ever looking at the investigation report or my statements. He didn't even know what kind of string I was using which is braided. Read Post 2 describing how the walleye was caught.  

Are you still trying to get your walleye in the record books? No. I never completed the paperwork to be recognized for a state record. I do not want (and never wanted) a "controversial" record. All I want are changes to the way Game and Fish conduct investigations, verify records and handle false claims. Read Post 8. 

Would you ever submit another fish for a record? I am not sure, and it will depend entirely on the situation. Game and Fish needs a better process in place for verifying records, and people need to be held accountable for false statements. When these things happen, I may submit for another record. I was close this spring when I caught a small mouth bass that was 1.75" longer than the current state record. I sent a text to Game and Fish letting them know how close I was. 

Are you upset at the investigator who conducting the investigation? Yes. I feel that the investigator held onto a bias from the very beginning believing my walleye was foul-hooked. He was lead to believe this because of the false witness statements. The investigator had many opportunities to prove the witness (Matthew Knuth) lied which he didn't do. He had many opportunities to prove Gibbs was telling the truth which he didn't do. The investigator could have conducted a more thorough investigation by interviewing the two officers who verified my walleye and anyone else who witnessed the physical condition of the walleye. The investigator could have accepted my evidence when I offered it to him. The investigator could have included all of the information in his report (specifically the information which supported my walleye was caught legally) for the State's Attorney to review. There are a lot of things which should have been done differently. Read Post 44 for more information. 

Are you still trying to pursue legal action against Game and Fish or the witness who provided false statements? Yes, and I have spoken with an attorney. It is believed Game and Fish violated my Due Process rights by making a legal conclusion without proving their case in a court of law. I am currently reaching out and looking for an attorney who can litigate my case. I want to clear my name. Read Post 44 for further information. 

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