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IN Press: Poisonous-snake lover in jail

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Posted by: W von Papineäu at Sun Jan 20 11:25:46 2008  [ Report Abuse ] [ Email Message ] [ Show All Posts by W von Papineäu ]  
   

STAR PRESS (Muncie, Indiana) 20 January 08 Poisonous-snake lover spends 29 days in jail - Dustin Draper has been convicted once of possessing a rattlesnake but is fighting new charges. (Seth Slabaugh)
Muncie: A poisonous-snake enthusiast who was twice the target of DNR buy-bust operations declined a proposed plea agreement in Muncie City Court last week and maintains he is innocent.
The agreement called for Dustin Draper, 21, 2607 N. Morrison Road, to plead guilty to misdemeanor unlawful possession of an endangered species (three baby timber rattlesnakes) for which he would have received a 365-day, suspended jail term, a $100 fine, unsupervised probation, court costs of $160 and 20 hours of alcohol education.
Draper didn't sign the agreement because "his attorney believes he has additional information that both of us need to investigate further," said Deputy Prosecutor Anthony Rufatto.
Draper referred questions to his attorney, Steven Bruce, who did not return a phone message from The Star Press.
On Oct. 11, Draper pleaded guilty to misdemeanor illegal taking of a wild animal --a timber rattlesnake -- without a permit, for which he received a $200 fine, 30 hours of community service and a 60-day, suspended jail sentence.
That case started with an investigation by the Indiana Department of Natural Resources of classified ads allegedly posted by Draper on a Web site -- venomousreptiles.org -- through which he wanted to buy snakes.
An undercover DNR officer telephoned Draper on Nov. 25, 2006, and asked whether he'd be willing to trade some timber rattlesnakes for a gaboon viper, according to DNR. A buy-bust operation with surveillance equipment was set up in the parking lot of a supermarket in New Castle.
But Draper didn't show up, stating over the phone he didn't have enough gas for the trip, so the operation moved to Muncie, where officers followed Draper as he drove from his apartment to a nearby school and went inside, investigators say. As Draper and a female companion left the school, officers approached Draper and advised him they had obtained a warrant to search his apartment. He acknowledged possessing a timber rattlesnake in his apartment and reportedly gave his consent to search the apartment.
Another investigation of Draper was started in October of 2007 by an undercover Kentucky DNR officer, who says Draper contacted him about buying snakes. The officer mailed three baby rattlesnakes to Draper, who allegedly agreed to wire $30 to the officer.
Investigators say they videotaped Draper on Nov. 1 taking a city bus to a Muncie post office, where he picked up the snakes and took them back home with him on the bus. Officers arrested Draper at his apartment and took him to jail, where he was kept until Nov. 29.
On that date, Draper's probation in the prior case was revoked, and he was sentenced to the maximum 60 days in jail and freed after being given credit for time served and good behavior.
On Dec. 10, a person named Dustin Draper posted a message on venomousreptiles.org -- the home of the Southeastern Hot Herp Society -- stating, "Help! I've been set up."
"I was set up by so-called conservation officers," wrote Draper, who claims he tried to back out of the deal with the Kentucky DNR officer. He denies paying for the snakes, but admits picking up the package of snakes from the post office because "I obviously couldn't leave it there."
"What they did was wrong, and I am not guilty," he wrote. "I simply have a love for snakes like all of us (on this Web site) do. And have tried for a very long time to get the permit here. It's all a conspiracy here in Indiana. That's why only five to 10 people have a license here."
The DNR takes law enforcement action against people like Draper because "we view it as a public safety issue," said Indiana conservation officer Lt. Mark Farmer. "The reasoning behind the law is to reduce the risk to the public from people who possess dangerous animals."
Farmer added: "On top of that, timber rattlesnakes are rare, thus the prohibition of ownership unless you have a special permit, because we want to protect the resource."
While some people enjoy reading, fishing and working on cars as hobbies, others like Draper engage in snake collecting to relax, Farmer said. But to do so, they need to obey the law.
A trial is scheduled for March 13 in city court to determine whether Draper followed the law.
Investigators claim Draper possessed a cobra without a permit in August, but no charges have been filed in that case, which was sent to the prosecutor.
Poisonous-snake lover spends 29 days in jail


   

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