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By TIM UNRUH

Salina Journal

TIPTON --¬ Cases against 11 Mitchell County men accused of illegally hunting deer are nearing completion, with diversion deals offered as options.

The men from Tipton, Hunter, Cawker City and Beloit were cited for using radios and pickup trucks to illegally take four deer in Mitchell County between Nov. 30 and Dec. 1. One man was ticketed for similar offenses in Osborne County.

Those charged in Mitchell County are working through their cases, said Mark Noah, Mitchell County attorney. All were offered diversion agreements and are in the process of finalizing them, he said.

Those charged with two counts each of illegally hunting deer in Mitchell County include Kenneth L. Brummer, of Tipton; Tarry Fischer, of Cawker City; Braden Hake, of Tipton; Leonard Pacey, of Beloit; Travis Brummer, of Hunter; Mathew Murrow, of Tipton; Lucas Murrow, of Tipton; and Francis Becker, of Tipton.

They will each owe about $1,418 in court costs, fees and fines, Noah said.

If their cases are diverted, Noah said they will pay that minimum.

"If they took it to trial, they were running the risk of the judge giving them a bigger fine," Noah said, and of losing their confiscated guns for good.

"Another thing they're risking is the statute that says the county attorney can get a prosecution fee. They would be looking at another $500 to $5,000 on top of it," he said.

Two others received additional charges.

Todd Brummer, of Tipton, is charged with two counts of illegally hunting deer plus one count of "failure to tag."

Noah said he has offered to dismiss the failure to tag charge if Brummer takes the diversion deal. As of Friday morning, Brummer hadn't signed the diversion, but "his attorney indicated he will sign it," Noah said.

Phillip Murrow, of Tipton, is charged with two counts of illegally hunting deer, no deer tag and hunting without a license and faces more than $2,000 in fines alone. Noah said Murrow's case has not been finalized.

The prosecutor expects all Mitchell County cases to be resolved through diversion deals. Not all details were released, but Noah said the men's radios were forfeited.

The hunters have the opportunity to buy back the firearms that were seized at 75 percent of their value. Proceeds will be donated to the two schools in Tipton -- Tipton Community School, a kindergarten through sixth-grade building, and Tipton Catholic Junior-Senior High School.

"I want them to have their guns back because I want them to make a donation to the Tipton schools," Noah said. "The schools are important to the Tipton community. They're the things that everybody rallies around."

He is waiting on the Kansas Department of Wildlife, Parks and Tourism to return the firearms, some rifles and some handguns, so the donations can be collected.

Noah said the charges don't make the hunters bad people.

"They just did something dumb. It was illegal, too," Noah said. "None of these guys have any criminal record, whatsoever, not even a speeding ticket."

Brian Brummer, who has a Cawker City mailing address, has been cited for the illegal use of radios to hunt deer and one count of using a vehicle to hunt deer in Osborne County, said Paul Gregory, Osborne County attorney.

Brummer's court date was postponed to 2 p.m. Thursday, Gregory said.

The prosecutor said a diversion agreement was offered to Brummer but the details have not been finalized.

Mitchell County's Noah said the men who are convicted or have their cases diverted will not be allowed to hunt deer for a year, but they will be able to obtain licenses to hunt other game.

-- Reporter Tim Unruh can be reached at 822-1419 or by email at tunruh@salina.com.

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