It’s okay to steal snowmobiles, ride around on someone’s land and run over as many deer as you can in Waupaca, Wisconsin

That’s what the judge said.

Last January, a local story unfolded about a horrific deer-killing rampage in upstate Wisconsin. Five deer were run down with snowmobiles. One had been crippled, tied to tree by its neck and strangled itself to death. Another was still alive and was put down by authorities.

People were outraged. Granted, there’s not much to do up in Waupaca, but surely the locals can do better than that?

Three young men were eventually arrested: Robby Kuenzi, 23, Rory Robby Kuenzi, 24 and Nicholas Hermes, 23. They confessed and were charged with six felony charges of mistreatment of animals and one felony count of vehicle theft.

Seems like a slam-dunk for the courts? Shamefully, no. The accused got a clever lawyer and the small-town Waupaca judicial system was way overmatched. Felony charges were dropped in the first case going to trial, because the state Department of Natural Resources cited them for hunting out of season.

They were hunting, see. The state said so. The judge dismissed the charges because animal cruelty laws don’t apply to hunters. Even out-of-season, stolen-snowmobile, Bambi-strangling style hunting. Apparently.

Where’s the outrage now? The Milwaukee Journal-Sentinel buried the story of the dismissal in the back pages (Next to “Budget delay throws wrench in wedding”)

The local Appleton paper covered it in more detail: June 13, 2009 Appleton Post-Crescent “Felony charges dropped against deer-kill suspect Robby Kuenzi”

Link to January 11, 2009 Oshkosh Northwestern story detailing the arrests, with statements provided by the accused.

The highlights:

• Rory Kuenzi told detectives he hit a deer in the back legs, and “jumped off his snowmobile and pinned it to the ground by sitting on it, then tied it by the neck to a tree with the help of his brother.” The deer strangled itself trying to get free.
• Rory Kuenzi, is also the focus of an ongoing investigation into a 2004 hit-and-run crash that killed 20-year-old pedestrian Kevin McCoy.
• One of the snowmobiles and a sled were stolen
• Still another deer was run down on Kuenzi’s way home. He field dressed it for the meat.