Caledonia Argus

Fillmore County man fined $1,800 for poaching giant buck

Posted: 3/30/04

The caller had observed an eagle feeding on a large deer carcass in a nearby cornfield in mid-December. The animalís head had been removed; the rest of the deer had been left to waste. The caller told Conservation Officer Dan Book of Rushford in southeast Minnesota that he believed the animal had been poached.

ìHe said there was a large trophy type animal in the area, and he believed this might be that animal,î Book said.

Another caller confirmed there was a large trophy class deer in the area. ìHe had also seen the animal, but had not been able to take it during the hunting season,î Book said. ìHe was very familiar with the configuration of the animalís rack, pointing out the tines on one side were higher than those on the other side.î

A third phone caller reported that Matt Tostenson, 33, of Mabel, Minnesota, was telling others he had shot a very large antlered deer, and had a large rack to prove it. The caller said that from the description he had gotten, he believed the deer rack Tostenson was talking about could be from the headless carcass in the field.

Book, accompanied by Conservation Officer Tom Hemker of Winona, drove to the site and located the carcass. They removed a piece of the animal for possible future use in matching the carcass with the missing head and/or antlers.

Book and Hemker then went to the city of Mabel, where after a short time they located Tostensonís truck in a parking lot of a local establishment. As they passed by the vehicle they observed at least two cased firearms lying on the seat of the vehicle as well as some spent (fired) brass shell casings from a high-powered rifle lying on the center console.

A short time later, Book entered the place asking Tostenson if he could speak with him outside. Tostenson agreed. After some discussion, Tostenson told the officer he had shot a large buck deer, but Book could find no record of it through DNRís Electronic Licensing System. Tostenson said the deer had been tagged and registered in the name of another member of his hunting party. He said the antlers were at a residence in Newberg; he would show the antlers to the officers.

Tostenson produced a large set of antlers with the center skull plate attached. He was also carrying a DNR ELS deer tag that was attached to a small loop of wire. Book saw that the configuration of the rack was similar to what was described to him earlier.

While Book tried to contact the residents of the home in Newberg, Tostenson waited in Hemkerís truck . Failing to find anyone at the home, Book returned to the passenger side of the state truck. Through an opened window he listened to the conversation as Tostenson related the circumstances of how the deer was shot, tagged, and transported.

ìUpon questioning on where the animalís cape was, Tostenson became noticeably upset and began to act in a nervous manner,î Book said.

ìI then informed him that I believed he wasnít being truthful with us about the origin of the deer.î A short time later, Tostenson admitted he shot the deer, cut off the head, and left the rest to rot.

Book accompanied Tostenson into the residence and to a basement crawl space where a plastic bag contained a white-tailed deerís head that was missing the antlers and skull plate. Once outside again, Tostenson removed a .22 bolt-action rifle from his truck and said that this was the firearm he had used to shoot the deer.

Book informed Tostenson that earlier he had noticed high-powered rifle casings in his truck as well as what he believed was a cased high-powered rifle.

ìI told him I did not believe that the deer was shot with the .22, but with the high-powered rifle,î Book said. ìI also said if needed, I would return to the buckís carcass and attempt to remove the bullet to confirm what rifle had killed the deer.î

After a short time, Tostenson admitted he had actually shot the deer with the high-powered rifle, which he voluntarily produced.

The official Boone & Crockett measurement of the deerís antlers was 152 &7/8î. That exceeds the 135î minimum set that defines a ìtrophyî animal, and calls for a restitution value of $1,000.

A Fillmore County Judge recently sentenced Tostenson to 90 days in jail (75 suspended on condition no similar violation occurs, 15 days to be served), loss of Big Game privileges for 3 years, as well as all hunting privileges for 1 year. Fines, restitution, and surcharges totaled $1,810.

The reverse is true as well. A nonresident with wildlife license revocations in other states will have similar hunting and fishing privileges revoked in Minnesota.

Book noted TIP (Turn In Poachers) is paying for a head mount of the animal to be put on display on DNRís ìWall Of Shame,î a display of various wildlife mounts that were confiscated as a result of arrests for violations of Minnesota Game Laws. The court imposed a separate $200 charge to help offset TIPís cost of procuring a cape and getting it mounted.

The TIP program allows Minnesotans to call a toll-free number from anywhere in the state to report natural resource violations. Calls regarding natural resource violations can be placed anonymously at 1-800-652-9093

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