Trial Begins in Death of Big Boy (aka Edward the Elk)

Picking a jury for the trial of ex-police officer Sam Carter was apparently difficult - it took all of yesterday and up until today's lunch break at the Boulder County Court House.  The attorneys agreed upon the choice of 8 women and 6 men for the empanelled jury.  Opening statements are scheduled to begin in one hour.  Former Boulder Police Officer Sam Carter is on trial on charges connected to the 1 January 2013 killing of a trophy elk in the residential neighborhood on Mapleton Hill.
  Carter is facing one count of attempting to influence a public official, a Class 4 felony; one count of forgery, a Class 5 felony; and two counts of tampering with physical evidence, Class 6 felonies.  He is also facing misdemeanor counts of first-degree official misconduct, illegal possession of a trophy elk with a Samson Law surcharge, conspiracy to commit illegal possession of wildlife, unlawfully taking of a big game animal out of season, and unlawful use of an electronic communication device to unlawfully take wildlife.
  Big Boy, also known as Edward the Elk, wintered in the Mapleton Hill neighborhood of Boulder for many years.  He was known to enjoy corn and sweet feed that neighbors provided for him during heavy snows.  In the two months before his death, a US Post Office mail man, who delivered on foot in the area, complained twice about Big Boy.  Both times, the large bull was standing on the path to the front porch and refused to move away, so the mail could not be delivered.  The last time, the mail man decided to continue his approach and Big Boy shook his rack at the mail man.  So the elk was reported for "bad behavior."  Residents have stated that if the elk was in front of their porch entry, all they had to do was open the door and the elk would move away.   The morning that Big Boy was shot and killed by Sam Carter, Carter had told the people in residence that the elk was injured and needed to be killed "humanely."   A necropsy showed that the elk was in excellent health.
   They'd never let me on that jury!  I'd want to shoot the ex-officer myself!

Sam Carter posing with Big Boy after shooting him

Police Arrested for Killing Elk

After almost three weeks of investigation and community unrest, two Boulder police officers were arrested Friday on nine charges -- including three felonies -- in the shooting and disposing of an elk in the Mapleton Hill area after investigators say texts between the officers revealed officers planned the trophy kill almost a day in advance of the actual shooting.
  Boulder police officers Sam Curnow, 35, and Brent Curnow, 38, turned themselves into the Boulder County Jail Friday morning and were booked on suspicion of forgery, tampering with physical evidence, attempting to influence a public official -- all felonies -- as well as unlawful taking of a trophy elk, conspiracy, a Samson surcharge, killing an elk out of season, unlawful use of an electronic device to unlawfully take wildlife and first degree official misconduct -- all misdemeanors.
  Carter and Curnow could face prison time and the loss of their official police certification. Both men were released on $20,000 personal recognizance bonds, and a formal filing of charges could happen as soon as January 23, according to Boulder County District Attorney Stan Garnett.
  "Over the last two-and-a-half weeks, my lawyers, investigators and staff have worked closely with the excellent investigators of Colorado Parks and Wildlife to make sure that no stone was left unturned in determining what happened here," Garnett said.
  According to an affidavit, Carter told police the day after the shooting that he encountered an elk while on patrol near Mapleton Avenue and Ninth Street late Jan. 1 that he said was injured and needed to be put down. Carter then shot the animal with a shotgun, and Curnow -- who was off-duty -- came to pick up the carcass with the help of an on-duty Boulder County sheriff's deputy, identified as Jeff George.
  Carter did not report the incident or notify his supervisors he fired his weapon that night, though he told investigators he called in the incident and did not know why dispatch did not have any record of it, according to the affidavit.
  But according to an arrest affidavit, cell phone records obtained from phone carriers for Carter, Curnow and George show the shooting was premeditated. In the texts, Carter can be seen referring to the elk as early as 2:56 a.m. Jan. 1 -- almost 20 hours before the shooting.
  Carter also applied for a road kill permit for the elk with Colorado Parks and Wildlife, saying the elk had broken an antler off, while investigators believe Curnow had sawed the antler off.
During the investigation, no neighbors who saw the elk in the hours leading up to the shooting noticed it was injured and also said it never appeared to be aggressive. In addition, a necropsy of the elk performed at Colorado State University found no signs of any significant trauma, and investigators never found evidence of a car strike at the scene.
  In addition to the criminal investigation, the Boulder Police Department is conducting an internal personnel investigation into Carter and Curnow. They had both been on paid leave, but Boulder police Chief Mark Beckner said in light of the charges he was now placing them on unpaid administrative leave.
  "Boulder police fully supports the decision of the District Attorney's Office," Beckner said. "It's the right decision."
  Beckner said the personnel investigation will still take a couple weeks, but did add the consequences for the type of untruthfulness depicted in the affidavit would, "typically be termination from employment."
  "I think the affidavit speaks for itself," Beckner said.
  At the moment, George is not facing any criminal charges, according to Garnett, though that could change if more evidence comes to light.
  "Certainly, on a case like this, the various investigations will continue and if the state of the evidence changes we will reevaluate," Garnett said.
  Boulder Sheriff Joe Pelle said George never denied texting Carter about killing the elk, and thought Carter had been told by Boulder police to put the elk down.
  "His story from the very beginning was that he knew Carter was looking for the elk," Pelle said. "The text messages don't change the presumption of innocence or guilt." But Pelle said George is still subject to an internal probe, though he has not been suspended from duty.
  "We're still unhappy we were involved in this at all," Pelle said. "At a very minimum, the deputy wasn't where he was supposed to be or doing what he was supposed to be."
  Friday's arrest comes after a tumultuous few weeks, as residents of Mapleton neighborhood where the elk was often seen expressed outrage over the shooting. The elk's death sparked everything from vigils and marches to Twitter accounts and even a ballad.
  Jennifer Churchill, the spokeswoman for Colorado Parks and Wildlife, said the investigation took time due to the enormous amount of interviews and electronic evidence to go through. "We take wildlife crime allegations very seriously," said Churchill. "We really appreciate the public's patience with this."