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FISCAL YEAR: 2011
1. PRINCIPAL DEFENDANT: Barton Randall Wilkinson
D.  Idaho  CR 09-CR-00203-EJL
2. DEFENDANT: Donna McConnell
D.  Idaho  CR 09-CR-00203-EJL
3. DEFENDANT: James Renshaw
D.  Idaho  CR 09-CR-00203-EJL
4. DEFENDANT: Paul McConnell
D.  Idaho  CR 09-CR-00203-EJL
On August 23, 2010, Barton Wilkinson, Coeur D’Alene, Idaho, was sentenced to two years probation, a $2,000 fine, and to severally and jointly pay for the restoration of the channelization portion of Clear Creek, after pleading guilty to a violation of the Endangered Species Act. The prosecution followed an investigation into extensive in-stream excavation in Clear Creek, a tributary of the Clearwater River, which involved an unpermitted discharge of a pollutant to waters of the United States.

On December 14, 2010, the other three defendants, having already pled guilty, were sentenced to 24 months probation, $2,500 fine and to severally and jointly pay for the restoration of the channelization portion of Clear Creek.



September 3, 2009
Wilkinson was charged in an Information with on count of violating 16 U.S.C. 1538(a)(1)(G) and 1540(b)(1) - endangered species act.
CITATION: 16 U.S.C. 1538(a)(1)(G), 16 U.S.C. 1540(b)(1)
August 30, 2010
Wilkinson pled guilty to the charge and was sentenced to 24 months probation and ordered to pay a $2,000 federal fine.
December 14, 2010
Renshaw, Paul and Donna McConnell each pled guilty to 1 misdemeanor court of violating the CWA and 1 misdemeanor of violating the Endangered Species Act and were each sentenced to 24 months probation, a $2,500 fine and to severally and jointly pay for the restoration of the channelization portion of Clear Creek in Kooskia, Idaho.


News Release
FOR IMMEDIATE RELEASE ON December 17, 2010

FOUR SENTENCED FOR VIOLATING THE CLEAN WATER ACT AND ENDANGERED SPECIES ACT

Paul S. McConnell, 69, Donna McConnell, 61, and James F. Renshaw, 49, all of Kooskia, Idaho, were sentenced in federal court in Coeur d’Alene on Tuesday by Chief U.S. Magistrate Judge Candy W. Dale, the U.S. Attorney’s Office announced. Paul McConnell and James Renshaw were sentenced to two years probation and ordered to pay a $2,500 fine for Discharge of a Pollutant, in violation of the Clean Water Act, and Unlawful Taking of a Threatened Species, in violation of the Endangered Species Act. Donna McConnell was sentenced to two years probation and a $2,500 fine for Discharge of a Pollutant. Renshaw and the McConnells pled guilty to the charges in September 2010. A fourth defendant, Barton R. Wilkinson, 65, of Kooskia, Idaho, was previously sentenced in August 2010 to two years probation and a $2,000 fine for Unlawful Taking of a Threatened Species. All of the defendants are jointly required to pay for the restoration of Clear Creek.

According to the plea agreement, Paul and Donna McConnell and Barton Wilkinson own property abutting Clear Creek in Kooskia, Idaho. The McConnells’ property is approximately 1.5 miles upstream from the Kooskia National Fish Hatchery. Clear Creek is habitat for threatened steelhead trout. In August 2007, the McConnells asked Renshaw to channelize Clear Creek in an effort to prevent flooding during spring runoff. Renshaw dredged rock and soil from the creek and redeposited the material into the creek and on the banks. The McConnells also approached their neighbor, Wilkinson, regarding channelization of Clear Creek and Wilkinson agreed to have the work performed on his property. The channelization significantly damaged steelhead trout habitat in the river and produced large amounts of silt downstream from the work site. None of the defendants had a permit to perform the work in Clear Creek. The violations occurred on the Nez Perce Indian Reservation.

The case was investigated by Environmental Protection Agency, Criminal Investigation Division, and the National Oceanic and Atmospheric Administration, Office of Law Enforcement

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