Judge reels in fishing guide

PALMER — Three strikes means a longtime Valley fishing guide is out of business for at least the next two years.

Saying he needs to send a strong message to people who repeatedly violate state fish and game laws, District Court Judge William Estelle sentenced Raymond Blodgett Friday with penalties that include a two-year revocation of his guide license.

He also fined Blodgett $10,000, with $6,000 suspended, and gave him 90 days of jail time, with 80 days suspended. And Blodgett can perform 80 hours of community service by Sept. 1 in lieu of the other 10 days of jail time.

After hearing extensive arguments from Blodgett’s defense attorney Chadwick McGrady, Estelle also ordered the forfeiture of Blodgett’s boat, motors and equipment used during the Aug. 7, 2011, incident where he was caught guiding a group of clients fishing with bait and double hooks in restricted waters on Fish Creek in the Talkeetna area.

The boat and equipment has an estimated worth of about $45,000 to $50,000, McGrady said. Given that the maximum fine for Blodgett’s actions is $10,000, adding the forfeiture “is way excessive,” McGrady argued

Estelle disagreed, countering that if the value of forfeitures is included in statutory punishment as part of a convicted criminal’s fines, then the state couldn’t take cars from DUI offenders or property from drug offenders. He also said that Blodgett’s history of two prior criminal wildlife convictions — one in 1995 and another in 2006 — means the guide has not responded to previous punishment.

“This is the third offense by a guide who has other violations,” the judge said. “(He has) a record of violations of the commercial permits. The most important is this is a third criminal offense. This isn’t just a bunch of tickets.”

A jury found Blodgett guilty Feb. 1 on eight counts of aiding a violation of fishing rules. The charges stem from the August 2011 incident where he was caught leading a fishing expedition on Fish Creek, a tributary of the Talkeetna River, with bait and double hooks. Fish Creek is restricted to no bait and single-hook fishing.

Blodgett argued he thought he was fishing in nearby Clear Creek, where that activity is permitted. While the area was once part of Clear Creek, flooding in 2006 changed those channels and it hadn’t been part of the Clear Creek system for five years.

While Blodgett and McGrady argued state regulations and maps are unclear, which is what led the guide to break the law, assistant district attorney Christopher Orman and the judge said Blodgett knew exactly where he was and tried to deceive his clients and Alaska Wildlife Troopers.

“(A client) asked you where you guys were fishing and you referred to it as Mystery Creek,” Orman said when cross-examining Blodgett at Friday’s sentencing hearing. “When contacted by law enforcement, you said you were fishing Clear Creek.”

Orman asked if the waters were referred to as Mystery Creek so Blodgett’s clients wouldn’t go out and tell people they were fishing in Fish Creek when asked. He also questioned Blodgett on his knowledge and experience as a longtime guide.

“You’ve been a guide now for close to 20 years?” he asked. “Sounds like quite a bit of experience, you’ve been doing this for a while. As a guide who’s been a guide for 20 years, you thought it was OK to fish there based on what local anglers were doing? … You never had cause for concern given (your) 20 years of experience?”

While Orman questioned Blodgett about his experience and knowledge of Valley waters, McGrady called a litany of character witnesses who testified to Blodgett’s strong ethics, charitable work and community involvement.

Paul Reed, an engineer and organizer of the annual Gettin’ Jiggy With It ice fishing derby that benefits the Alaska Make-A-Wish Foundation, said he’s known Blodgett for a number of years, and he’s the only local guide who’s been willing to help him with the event.

“I’d contacted all the guides and no one would help me out with it,” he said. “Right before I gave up on that idea, Mr. Blodgett said he’d be more than happy to help us out.”

James “Cliff” Heckathorn is retired and testified he has been a client of Blodgett for many years. He said he was always impressed with Blodgett’s knowledge of the area and state regulations.

When asked about Blodgett’s ethics, Heckathorn recalled an incident that sticks out in his mind.

“I remember one time I showed up not realizing there was an emergency order (for no bait) and I had some eggs,” he said. “And he said, ‘Not on my boat, mister.’”

While character witnesses can sometimes aid a defendant at a sentencing hearing, Judge Estelle said he was still skeptical. Although many pointed out the numerous things Blodgett’s business, Fisherman’s Choice Charters, has done for community organizations, he stopped short of calling that philanthropic. While commendable, those actions also were done to promote the business, Estelle said.

The judge also agreed with Orman’s assertion that Blodgett knowingly violated the law.

When his clients asked about where they were, “He said, ‘It’s No Name Creek,’” the judge said. “They said, ‘Come on.’ He said, ‘It’s Mystery Creek.’ It was either Clear Creek or Fish Creek. They weren’t being told the truth. … It suggests hiding what he knew from his clients. That conduct after two prior criminal convictions suggests he knowingly — it all suggests he knew exactly what he was doing.”

At the conclusion of Friday’s sentencing, McGrady said he and Blodgett intend to appeal the sentence.

Contact reporter Greg Johnson at greg.johnson@frontiersman.com or 352-2269.