You are here

Judge Ignores Government's Sentencing Request For Yellowstone Scofflaw

Share
Oklahoma man gets off easy for breaking laws in Yellowstone National Park/Rebecca Latson file

An Oklahoma man seems to have gotten off easy for breaking laws in Yellowstone National Park/Rebecca Latson file

Imagine the trouble you'd get into if you ran an unofficial guiding business in Yellowstone National Park, encouraged visitors to enter thermal grounds that are off-limits, created your own "hot pots" in rivers, and had your clients jump into streams from cliffs in the park where it is illegal to do so.

While government prosecutors wanted Theodore Eugene Garland, a 60-year-old Oklahoma man, to be jailed for a month, face more than $20,000 in fines, and be banned from entering Yellowstone for five years, Magistrate Judge Mark Carman obviously thought that was a bit much. 

But the judge's decision to fine Garland just $600, along with ordering a $500 payment to Yellowstone Forever Geological Resource Fund, and ban him from the park through year's end, didn't sit well with many who follow the park's Facebook page.

"Always amazed at how minor the punishment is for national park resource violations," commented Sean Smith. "I'm sure many see the fine and possibly short jail stints as the cost of doing business. It's time to up the punishment for these crimes."

"WOW!" added Phyllis Dickson Johnson. "He got a slap on the hand with a feather! He deserved to be barred from the park for life for starters! This was not an impulsive one-time bad decision but organized and consistent disrespect for the park and the law. And he encouraged others to harm the park as well. Parks better get more serious about these serious offenders before they ruin it for everyone!"

According to the case brought against Garland, the man ran "a social-media page, a podcast, and a guidebook. All three have overlapping pictures and posts about his guided tours in YNP, which violated closures and other park regulations and encouraged visitors to do the same."

Garland was charged with 15 counts of illegal activities and violating national park regulations. The U.S. Attorney's Office in Wyoming wanted the man fined $750 for each count, in addition to another $750 for each count as a Community Service Payment, and sentenced to a month in jail.

After hearing the evidence at a bench trial held on April 7-8, Judge Carman found Garland guilty on seven counts, according to a park release.

Prosecutors try not to criticize judges, realizing they could be found in contempt. But reading between the lines of acting United States Attorney Bob Murray you can sense his displeasure with the sentence.

“Enforcing federal criminal laws for the protection of our national parks’ resources will always remain a priority of the United States Attorney’s office in Wyoming,” said Murray. “That is especially true when a criminal motivated by greed, like Mr. Garland, encourages others to commit more crimes and cause more damage to the treasures of America’s first national park.”

Support National Parks Traveler

National Parks Traveler is a small, editorially independent 501(c)(3) nonprofit media organization. The Traveler is not part of the federal government nor a corporate subsidiary. Your support helps ensure the Traveler's news and feature coverage of national parks and protected areas endures. 

EIN: 26-2378789

A copy of National Parks Traveler's financial statements may be obtained by sending a stamped, self-addressed envelope to: National Parks Traveler, P.O. Box 980452, Park City, Utah 84098. National Parks Traveler was formed in the state of Utah for the purpose of informing and educating about national parks and protected areas.

Residents of the following states may obtain a copy of our financial and additional information as stated below:

  • Florida: A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL INFORMATION FOR NATIONAL PARKS TRAVELER, (REGISTRATION NO. CH 51659), MAY BE OBTAINED FROM THE DIVISION OF CONSUMER SERVICES BY CALLING 800-435-7352 OR VISITING THEIR WEBSITE WWW.FRESHFROMFLORIDA.COM. REGISTRATION DOES NOT IMPLY ENDORSEMENT, APPROVAL, OR RECOMMENDATION BY THE STATE.
  • Georgia: A full and fair description of the programs and financial statement summary of National Parks Traveler is available upon request at the office and phone number indicated above.
  • Maryland: Documents and information submitted under the Maryland Solicitations Act are also available, for the cost of postage and copies, from the Secretary of State, State House, Annapolis, MD 21401 (410-974-5534).
  • North Carolina: Financial information about this organization and a copy of its license are available from the State Solicitation Licensing Branch at 888-830-4989 or 919-807-2214. The license is not an endorsement by the State.
  • Pennsylvania: The official registration and financial information of National Parks Traveler may be obtained from the Pennsylvania Department of State by calling 800-732-0999. Registration does not imply endorsement.
  • Virginia: Financial statements are available from the Virginia Department of Agriculture and Consumer Services, 102 Governor Street, Richmond, Virginia 23219.
  • Washington: National Parks Traveler is registered with Washington State’s Charities Program as required by law and additional information is available by calling 800-332-4483 or visiting www.sos.wa.gov/charities, or on file at Charities Division, Office of the Secretary of State, State of Washington, Olympia, WA 98504.

Comments

why should I contribute again when you will not punish or protect the public from known danger

 


This judge has no business being responsible for our national resources.


Yeah this guys commits all this crap And basically gets nothing!  I got pulled ove by a Ranger and almost got a heavy fine because I had red fog lights on my jeep!  


Why can't such horrible judges be removed from the bench rather than allow them to continue thumbing their noses at our laws & letting us down through doing so.  We need lots of new judges who actually care about protecting our parks & seeing that criminals don't get away with breaking our laws or get off easy for doing so.  This judge has neglected his duty & obligations to help prosecutors uphold our nations laws.  He needs to be removed.


He actually claimed to be tought on natural resource violations.

https://www.usatoday.com/story/news/nation/2019/10/20/yellowstone-federa...

None of the more than 1,200 park-related cases that come before him annually are more serious than a misdemeanor. More serious hearings are held in other federal courts, where it's easier to assemble juries.

"I have somewhat of a reputation for being hard on natural resources cases," Carman said. "This job was created to save the park. It wasn't created for speeding tickets, DUIs, it wasn't created for possession of drugs. It was created to save and protect this park."


This judge should be removed because he simply does not care about our National Parks. If he cared he would take such charges more seriously.


INcreadibly disappointing. When an arrogant miscreant thumbs his nose so blatantly at all of us,, disrespecting a treasure of the commons for his own greedy, narcissistic purposes, there should be consequences. The judge lacks judgement. 

 


All the righteous indignation is laughable. This guy didn't do anything Park employee's haven't been doing forever. I know because my parents met while working at YNP over 70 years ago. I worked in GTNP as have other family members. Seriously,  get your panties out of a wad, and most returning staff can tell you the best places to "hot pot", and actually enjoy the place our tax dollars fund.


Add comment

CAPTCHA

This question is for testing whether or not you are a human visitor and to prevent automated spam submissions.

Image CAPTCHA
Enter the characters shown in the image.

The Essential RVing Guide

The Essential RVing Guide to the National Parks

The National Parks RVing Guide, aka the Essential RVing Guide To The National Parks, is the definitive guide for RVers seeking information on campgrounds in the National Park System where they can park their rigs. It's available for free for both iPhones and Android models.

This app is packed with RVing specific details on more than 250 campgrounds in more than 70 parks.

You'll also find stories about RVing in the parks, some tips if you've just recently turned into an RVer, and some planning suggestions. A bonus that wasn't in the previous eBook or PDF versions of this guide are feeds of Traveler content: you'll find our latest stories as well as our most recent podcasts just a click away.

So whether you have an iPhone or an Android, download this app and start exploring the campgrounds in the National Park System where you can park your rig.