The Alaska Court of Appeals upheld Keith Thomas’s 2008 conviction on 21 misdemeanor resident hunting violations.
“...the circumstances of Thomas's lengthy absences from Alaska were inconsistent with his purported intent to remain in Alaska indefinitely and to make a home in Alaska” the appeals court said in its judgment issued April 21.
In 2007, Trooper Tony Beck, the wildlife enforcement officer in Valdez, filed 27 complaints against Thomas. Charging documents alleged that Thomas hunted in Alaska illegally because he was not actually a resident of Alaska but of Michigan.
He was fined $5,000 by Judge Dan Schally after a trial. Thomas appealed the conviction, claiming Schally had applied an incorrect legal standard when he assessed whether or not the state proved he qualified as a resident for hunting purposes.
“Thomas does not “live in Alaska” as this non-legal phrase is commonly understood,” wrote Judge Dan Schally in the Order and Verdict rendered.
The appeals court agreed.
Charging documents state that Thomas, who owns property in Valdez, left Alaska in 1999 to assist his father, who lives in Michigan and Arkansas.
Thomas maintained numerous ties to Valdez during his time in Michigan. He kept a Valdez post office box, voted, stored personal belongings in town, as well as a local cell phone. He also retained ownership of a building located on Galena Street that is currently leased to the U.S. Coast Guard. To further his claim as an Alaska resident, Thomas has obtained nonresident hunting licenses in Michigan and claims his Valdez address on federal taxes.
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