Game wardens, guides and landowner at odds about legality of trophy American alligator
Word traveled quickly last week when Texas Parks and Wildlife Department game wardens filed charges against three East Texas men from Kennard and a Dallas attorney for allegedly killing a 13-foot alligator illegally on private property in Leon County.
The TPWD's communications staff raced to put out a press release on July 20 naming Levi McCathern of Dallas -- the hunter/client -- as the trigger man. Additionally, the TPWD named Kennard's Steve Barclay, Sam Lovell and Ryan Burton as the outfitters who guided McCathern to the 880-pound alligator along a remote stretch of the Trinity River on June 11.
Barclay and Lovell have run a successful guide business for several years on the Trinity River targeting trophy alligator gar and American alligators during the legal season. They call themselves "The Gar Guys."
According to TPWD game warden Gary Dugan of Athens, the charges were filed on the heels of a multiweek investigation launched after a Leon County landowner reported that the big alligator was killed on his property without his permission in early June. The landowner also said a smaller alligator was taken on the property June 10. Both alligators have been tagged as evidence by state game wardens.
Interestingly, Barclay and Lovell were named by the TPWD in another alleged illegal alligator hunting incident on the Trinity in 2007. They were given citations, but after months of expensive legal wrangling, the charges were suddenly dismissed by Leon County Attorney Jim Witt.
The reason? Witt said the TPWD's evidence was too weak to prosecute the case.
Something smelled dirty about that whole deal from the very start. And judging from the cloudy facts made available in this case thus far, there may be a rat hiding in this wood pile, too.
For starters, one of the guides charged in the case, Sam Lovell, says he was nowhere near the Trinity River on the day the alleged offense took place. Lovell claims he has been out of state working on an oil spill in Michigan since early April and can prove it.
"I've been in Michigan since April 1, and I have not left," Lovell said. "I've got the paychecks to prove it, too."
If that is true, then how could Lovell have been on the Trinity River, more than 1,000 miles away, helping guide McCathern to his trophy alligator on June 11?
I asked Witt and Dugan that question. Witt declined to comment, but Dugan was quick to point out that the TPWD's investigation tells a different story. He basically called Lovell a liar.
"You don't know the whole story," Dugan said. "I know what Lovell is saying, but it's not the same. We investigated the case. We've got photos. We've got the alligators, and we've got enough evidence to prove that [Sam Lovell] was there. His own people said he was there. Some of the witnesses said he was there.
"[The Gar Guys] are telling all kinds of stories," Dugan added. "They are also saying they had permission to hunt on the property, which they did not. This is not the first run in we have had with the Gar Guys. There has been a lot of issues down [on the Trinity River], but this is a case where we have enough evidence to go forward and prosecute."
I contacted Barclay by phone late last week. While the guide was reluctant to say much about the case based on the advice of his attorney, Joe Scott Evans of Groveton, he did confirm that he and Lovell have had encounters with Texas game wardens before.
"The only issues we've had with the TPWD is they always try to shine a bad light on us every time one of our clients kills a trophy alligator," Barclay said.
Barclay also said that he had permission to hunt on the property but not in writing. The guide said he and Lovell have been taking clients to that spot on the Trinity River without issue for about three years. He added that Lovell opted out of the 2011 season to take a job running an air boat in Michigan.
"We had verbal permission to hunt there," he said. "We have taken clients in there about 10 times and killed hogs there before. We've also hunted gators there several times, but these were the first two that have been taken off this particular place."
Barclay said he is adamant about fighting the charges.
"We haven't done anything wrong," Barclay said. "I honestly believe that the TPWD knows we had permission to hunt on that property. I believe they knew it before they filed the charges. This whole deal is an injustice, and I'll fight it to the end."
Burton was unavailable for comment. McCathern was out-of-state and could not be reached by phone.
Taking wildlife on private property without landowner consent is a Class A misdemeanor. If convicted, the men could face fines up to $4,000, up to one year in jail or both and more than $5,000 restitution fees for the two alligators.
Matt Williams' email address is mattwilliams@netdot.com.
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