A New Mexico man who allowed his dog to maul and kill a baby deer in southern Colorado was charged with several wildlife crimes and could lose the right to hunt and fish in the state, Colorado Parks and Wildlife announced Monday.

“It’s disturbing anyone would allow this to happen,” CPW spokesman Joe Lewandowski said. “This is the kind of behavior that CPW won’t tolerate, and no one in Colorado is going to tolerate either.”

CPW investigators say Michael Garcia, 36, of Las Cruces was in an area near the Conejos River when his dog chased down a fawn and killed it. Garcia posted photos and video of the attack on social media and someone reported it to Colorado wildlife officials.

Garcia, who was working as a fishing guide on the Conejos River, was located by Colorado wildlife officers and interviewed. He was cited July 23 with illegal possession of wildlife, allowing his dog to harass wildlife and taking wildlife in an unlawful manner.

The fines total $1,372, according to CPW. Garcia may elect to pay the fines by Sept. 16 or appear in court.

He was also issued 20 license suspension points, which means he must appear before a CPW hearing officer, a separate process that could result in the suspension of license privileges from one to five years. Only the Parks and Wildlife Commission may impose suspension.

“This is a disturbing case; we’ve heard from many members of the public wanting CPW to investigate,” Rick Basagoitia, wildlife manager for CPW in the San Luis Valley, said in a prepared statement. “Information that they’ve provided has been greatly helpful to CPW efforts.”

The violent and unsettling video was sent to The Durango Herald. The Herald chose not to share the video because of its graphic nature. It shows Garcia’s blue heeler, Gus, tearing apart a fawn. At no point during the video does Garcia make a concerted effort to stop his dog from attacking the baby deer. He yelled, “Gus,” twice during the 10-second video.

Instead, on the caption to the video posted on social media, Garcia wrote, “Gus provided the best action at the end of the day. Got his first big game kill!!”

Attempts to reach Garcia were unsuccessful Monday afternoon.

This is an extreme and unique situation, given that Garcia made no attempt to stop his dog, Lewandowski said, but it is a good reminder how to responsibly handle your pet in the backcountry.

In most circumstances, dogs should be on leashes, he said. At the very least, pets should respond to voice control.

“In the backcountry, you don’t see a lot of people put leashes on their dogs, which is unfortunate,” Lewandowski said.

Not having control of a pet can put both wildlife and the pet at risk. It’s also illegal for a dog to chase and harass wildlife.

“Everyone thinks their pet is harmless, but dogs especially respond to ancient instincts, and given the chance, won’t hesitate to chase down an animal if they chase a moose or coyote,” Lewandowski said. “And chances are that animal will suffer severe consequences.”

jromeo@durangoherald.com

Harassing wildlife law

Colorado Revised Statutes Title 33 Parks and Wildlife § 33-6-128

(1) Unless permitted by the division, it is unlawful for any person to willfully damage or destroy any wildlife den or nest or their eggs or to harass any wildlife. Any person who violates this subsection (1) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of one hundred dollars and an assessment of ten license suspension points. For the purposes of this subsection (1), nothing shall prohibit the removal of wildlife dens or nests when necessary to prevent damage to property or livestock or while trapping.

(2) Unless otherwise allowed by commission rule or regulation, it is unlawful for any person to knowingly or negligently allow or direct a dog which he owns or which is under his control to harass wildlife, whether or not the wildlife is actually injured by such dog.  Any person who violates this subsection (2) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of two hundred dollars.

(3) A Colorado wildlife officer or other peace officer may capture or kill any dog he or she determines to be harassing wildlife. The provisions of this subsection (3) shall not apply to dogs that are under the direct personal control of a person.