Cumberland Times-News

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May 14, 2013

Bear hunting case placed on stet docket

CUMBERLAND — The case of a LaVale man accused of hunting bears during closed season was placed on the stet docket Tuesday, eliminating a jury trial slated for Wednesday in Allegany County Circuit Court and denying the defendant the privilege to hunt for two years.

Charles Frederick Evans III, 31, was charged by Natural Resources Police Officer Cory Garver on the first day of the Maryland deer firearms season in November with shooting two bears, a 180-pound sow that died and a cub that was not recovered, in spite of an effort by a Department of Natural Resources tracking dog. The incident took place on the Green Ridge State Forest along Dailey Road southeast of Oldtown.

The decision to use the stet docket was made Tuesday morning during a case status conference. Evans was represented by Assistant Public Defender James F. Elliott.

Allegany County State’s Attorney Michael Twigg described the stet docket as being akin to probation.

After relinquishing his hunting license for two years, Evans may reapply, but will be required to take and pass a hunter education course first. Another condition is that no violation of law may occur in the meantime.

The website of Christopher L. Peretti, a Largo attorney, says a case that has been stet is not a conviction. The case becomes inactive — though reactivation is possible — and is eligible for expungement in three years.

The charge that Evans faced had a maximum fine and penalty of $1,500 and/or 90 days’ incarceration.

Evans was initially scheduled to be tried earlier this year in Allegany County District Court, but in March asked for a jury trial.

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