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The Spokesman-Review Newspaper
Spokane, Washington  Est. May 19, 1883

Compulsive poacher wreaked havoc in Montana

Associated Press The Spokesman-Review

MISSOULA – A Corvallis, Mont., man who “took a game animal in every unlawful way he could,” was sentenced last week to 20 years of probation, fined $52,744 and ordered to complete 1,000 hours of community service.

Philip M. Payton, 58, who recently moved from Seeley Lake to Corvallis, also lost his hunting and fishing privileges for life in Montana and 25 other states in an interstate wildlife compact.

Prosecutors sought a lengthy prison term for Payton, who violated virtually every hunting law on the books. They brought skulls, antlers and hides of the animals Payton had killed and put them in the jury box during the sentencing hearing.

District Judge John Larson rejected the prosecution’s request for prison time.

During a daylong hearing, two starkly different pictures emerged of Payton, who was convicted of a slew of felonies and misdemeanors for killing moose, elk, deer, antelope, mountain goats and black bear.

Authorities portrayed him as an arrogant, ruthless killer of wildlife, a Texan who came to Montana and left a trail of carnage strewn across the landscape for 15 years, taking the biggest and the best trophy animals.

They said he chronicled his work in videotape, photos and paperwork, and tried to cover up his crimes by tampering with evidence and witnesses.

A different picture of Payton emerged from the defendant, his attorney, wife and boss, who portrayed him as a gentle, honest family man who was driven by a compulsion for which he’s now receiving counseling.

He admitted killing the 30 animals he was charged with and said he has gotten rid of his rifles, horses and other hunting equipment.

A jury convicted Payton earlier this year of four misdemeanor counts and he later pleaded guilty to seven felonies and four more misdemeanors, all involving illegal outfitting, tampering with witnesses and evidence, license violations and other crimes.

“He took a game animal in every unlawful way he could – at night, over baits, from roads, over limits, using other people’s tags, closed seasons, you name it,” said J.D. Douglas, the FWP’s lead criminal investigator in the case.

Nine of Payton’s family and friends have pleaded guilty to poaching and have received suspended prison sentences, temporary loss of hunting privileges and fines, restitution and court costs totaling more than $23,000. One suspect remains at large.

In total, investigators documented 86 animals that Payton and others killed illegally, including 68 killed by Payton since 1990. The five-year statute of limitations had expired on many of the violations by the time investigators arrested Payton in 2005, so he was charged with only 30 violations.

Randy Arnold, one of two FWP game wardens who went undercover to pose as scofflaw hunters, testified that Payton bragged about being an illegal outfitter and that they paid him $4,500 for his services.

In 2004, Payton illegally shot three bull moose after waiting 25 years for a moose license.

“‘Well, there’s no one around … and nobody will ever know the difference,”’ he said, recalling what he thought when he poached the first one. “I was just obsessed with hunting. I just couldn’t control myself.”