North Dakota Fish Case Involving Off-duty Milwaukee County Sheriff Deputy Dismissed

Daniel J. Klatkiewicz, Michael Wirkus, Donald Klatkiewicz and Allen LaFave

The North Dakota State Attorney General's Office will not seek to appeal judge's decision not to prosecute the over the daily limit fishing by five poachers, including an off-duty Milwaukee County Sheriff's Deputy.

By H. Nelson Goodson
December 1, 2014

Ramsey County, North Dakota - On Wednesday, the over the limit fish poaching case against five men, including off-duty Milwaukee County Sheriff Deputy Daniel J. Klatkiewicz of Hales Corners was dismissed after Ramsey County Judge Lee A. Christofferson ruled that North Dakota Fish and Game wardens didn't have consent to search the rental lodge that the alleged Wisconsin poachers were using to store the over the limit catch of fish. The wardens had received consent from the owner, Rob Paulson from Rob's Lodge rentals who rented the cabin to the suspects, but didn't get actual permission from the renters, the defense attorney had argued. Judge Christofferson agreed that the search was unconstitutional and no warrant was issued.

In July, the North Dakota Fish and Game officials reported that five men have been each cited and charged with misdemeanors type B in Ramsey County for catching 100 walleyes over the limit at Devils Lake. At least five is the daily limit and ten in possession, but one fisherman had 25 in his vehicle and 135 walleyes that were cleaned and frozen were found in a freezer in plastic bags where they were staying at. The walleyes were confiscated on June 20 by North Dakota Game and Fish Wardens Jim Job from Devils Lake and Blake Riewer from Grand Forks.

The men were identified as Donald Klatkiewicz of Mukwonago, Daniel J. Klatkiewicz of Hales Corner, Michael Wirkus of Racine, Allen Lafave of Racine, and Robert Richer Jr. of Hales Corner. A minor who accompanied the group was not identified. Daniel J. Klatkiewicz from Hales Corner is a Milwaukee County Sheriff's Deputy.

Each man, if convicted was facing more than $1,700 in fines and could have lost fishing privileges in 40 states.
A concern citizen noticed that the Wisconsin men were over fishing and cleaning fish during the day. The witness then called the North Dakota Poachers Hotline, which led wardens to the over the limit fishing bust. The state will keep the fish.