Elk rancher acquitted of eye-poking charge

ST. ANTHONY, Idaho – A former eastern Idaho elk rancher has been acquitted on charges he poked a man in the eye and chin during an altercation last fall over elk.

Rex Rammell was found not guilty of disturbing the peace Monday at the end of a daylong trial here in 7th District Court.

“I’m happy with the outcome, but I never want to do this again,” Rammell said.

For Rammell, it’s the second acquittal by a Fremont County jury in as many months in the wake of tussles with state wildlife officials and others after 120 elk escaped from his Chief Joseph hunting reserve near Ashton last year.

After the animals fled, then-Gov. Jim Risch ordered an emergency hunt to reduce the chances they could spread inferior genes or disease to wild herds near Yellowstone National Park.

Rammell has since filed a $1.3 million tort claim against the state, alleging it was negligent and capricious in its handling of the elk case. Rammell said a meeting with attorneys is scheduled this week to talk about a settlement in that case.

Rammell was initially charged with battery when he was accused of poking neighbor Dwaine Payne in the eye and chin. But prosecutors reduced the charges to disturbing the peace.

The trial focused on an Oct. 6 altercation. At the time, Rammell said he believed Payne was hunting his elk.

On the stand Monday, Payne testified under questioning from the prosecutor that he was standing by his gate having a cup of coffee when Rammell approached him and initiated an argument that ended in physical contact. He said Rammell backed him up against a trailer and poked him with a finger under the chin and then in the eye.

“He put his finger in my eye and I swatted it away,” Payne said.

But in closing arguments, defense lawyer Aaron Thompson said several factors led to the disagreement and tussle.

“It wasn’t my client who was out of control. It was Mr. Payne who was out of control,” Thompson said.

Last month, Rammell was acquitted of obstructing an officer during the hunt of Rammell’s lost elk last October.