Emil McCain, Part 2

Conspiracy to “take” an endangered species: “to knowingly and intentionally combine and conspire, confederate and agree with persons known and unknown to commit an offense against the United States and any agency thereof, that is, knowingly attempt to harass, harm, pursue, trap, capture and collect without lawful permit or authority a jaguar (Panthera Onca), an endangered species.”

On July 31, 2009 a search warrant was served on McCain’s email account.

1. August, 28, 2008: From McCain to REDACTED: “… feds (USFWS) won’t let me catch cats. Mostly they fear the implications of the data from a GPS collar. Pretty frustrating.”

2. August 29, 2008: McCain emails the Woodland Park Zoo in Seattle, WA requesting jaguar urine and feces.

3. September 2, 2008: McCain emails the Phoenix Zoo in Phoenix, AZ requesting jaguar scat and urine.

4. October 2, 2008: Ron Thompson (lion/bear biologist for AZGFD) emails Kirby Bristow (lead field biologist for AZGFD lion/bear snaring project) about using McCain for $200/day to assist with the AZGFD lion and bear snaring project.

5. October 5, 2008: Smith and McCain meet via email and talk about setting a date and time to meet in the field.

6. October 6, 2008: McCain gets added to Ron Thompson’s DEA license to possess and use the drug, Ketamine for lion captures. Thompson vouches for McCain that he does not have a criminal record nor has been convicted of a felony.

7. October 14, 2008: McCain emails Erin Fernandez, Jaguar Lead of USFWS that he is working with AZGFD. Fernandez is aware of the project as she asks if McCain will be working with Bristow.

8. November 1, 2008: McCain emails Bristow, “So I now have 3 lion collars and the other (donated jag collar) just in case.”

9. November 4, 2008: McCain collars female lion in Atascosa/Pajarita range with Michelle Crabb and his father. The lion is killed in January 2009.

10. November 8, 2008: McCain emails a friend in part: “Right now I am paid big bucks to catch the cats. And well that is fun and I have my own jag collar in my pack at all times. Did I say that I am choosing my sites carefully. So, yeah that (sic) fucking feds won’t give me permission, so I will just have to accidentally do it.”

McCain contacts Phoenix Zoo about scat collection.

11. November 9, 2008: McCain collars male puma in Patagonia Mountains. He emails pictures of the capture, including a picture of the VHF frequency of the lion’s collar to friends and AZGFD personnel.

12.November 10, 2008: McCain emails Thompson about picture just retrieved of Macho B from August 3rd confirming he is alive and well. Thompson responds: “I would like to reemphasize the need to watch the trapping situation and to know if there is a possibility of snaring him soon.”

13. November 12, 2008: McCain emails Thompson: “We need to talk about how to handle reporting this new sighting [Macho B] in the area where I am trapping and hope to be able to continue to do so without appearing to be hiding anything. I need to inform REDACTED and USFWS soon, but I want to talk to you soon.”

McCain emails Phoenix Zoo: “Well, something has come up that expedites and accentuates my need for the samples we spoke about. I just picked up a new jaguar picture… I would love to get the scat out there ASAP. The animal could be anywhere by now, and I need to catch up with him.”

McCain notifies AZGFD and USFWS of new Macho B picture (taken Aug.3) recently retrieved from a Borderlands Jaguar Detection Project (BJDP) camera in the Atascosa Mountains.

14. November 14, 2008: McCain sends the jaguar collar donated to him by Blake Henke of North Star back to Henke for refurbishment.

15. November 17, 2008: McCain collars female lion in Patagonia Mountains. That is the last of the lion collars until Feb. 2009.

McCain emails Dr. Aguilar about new Macho B picture and states:

“We are again working on permission to collar him if we get the chance. Would you use the same ketamine/medatomidine cocktail with him as with a puma?” Aguilar responds: “I like the med/ket combo because its secure, but jags are a whole other kettle of corn, so to speak. They are denser. Most of the brazilian projects use Telazol, but the high end doses mean prolonged recovery. I really worry the noose [snare] may permanently damage a more powerful cat, such as a jag. And an old jag is a high risk, so I would think about it.”

16. November 19, 2008: McCain emails Ron Thompson: “Also has Terry (Terry Johnson, Endangered Species Coord. for AZGFD) talked with you at all about snaring in the Atascosas/Tumacacoris? Where does that stand? I would love to get those snares over there open again, but will wait for the word.”

17. November 21, 2008: McCain emails his BJDP boss, Jack Childs: “Just so you know. Terry has not said a word to Ron about the trapping situation.”

McCain emails a friend: “Also the old jaguar that I had not seen for over a year, just showed up again. Now my trapping efforts may be stepped up a notch.”

18. December 2&3, 2008: McCain communicates with Woodland Park Zoo about jaguar scat collection.

19. December 10, 2008: McCain emails me about his receiving a: “package of female in estrus jag scat. I am thinking about placing it under a certain tree. You concur?” The tree he is referring to is forty plus miles away from the snaring area. I concur.

20. December 17, 2008: McCain emails Thompson about possible jag tracks found (at the forty plus mile area) and that the BJDP cameras weren’t working. “If there is ever any hope to catch him this winter, I need to keep the cameras running, and I need some funds to do that.”

McCain emails Phoenix Zoo about scat pick up and: “the scat has been distributed all over the place already. Keep your fingers crossed.”

21.December 18, 2008: Henke emails McCain that the jaguar collar is ready but he wants to add a VHF unit to the collar before sending it back.

22. December 23, 2008: McCain emails Thompson about setting a camera on a high saddle where there was lots of cat sign and “Lucero’s (male jaguar from Phoenix Zoo) scent is wafting over both sides of the ridge.”

23. January 4, 2009: McCain contacts the Reid Park Zoo in Tucson, AZ about jaguar scat.

24. January 5, 2009: McCain emails Erin Fernandez (USFWS) and others that “Kirby (Bristow) and I have been planning the next trapping efforts to be focused in the east and west sides of the Atascosas.”

25. January 11, 2009: McCain receives email from Henke that jaguar collar will be shipped to him the next day. McCain responds, “Now all it (sic) gotta do is catch that cat!”

26. January 14, 2009: Bristow emails everyone on the snaring project, including McCain about the collared female lion being killed and: “I expect to get the replacement collars (3 bear 3 lion) from North Star any day now so we’ll be trapping full time again. We likely won’t start bear trapping until mid March…”

27. January 16, 2009: McCain has contact with Reid Park Zoo about scat.

28. January 19, 2009: McCain asks the Phoenix Zoo for more scat.

29. January 29, 2009: McCain emails me: “I have requested jag scat that should be here in a week or so. So, you may hold of (sic) on field work till that comes in.”

30. January 28&29, 2009: McCain and Thorry Smith email about collars coming in and McCain’s needing to show Smith where his snares in the Atascosas are located. Smith says, “Sounds like Chasa [O’Brien] is working on an EA [Environmental Assessment] in case we catch one with spots.”

31. January 29, 2009: McCain emails Thompson, “Now Kirby wants me to start trapping again…”

32. February 2, 2009: I email McCain about what he wants done when he is out of town and if the scat had arrived could I get some.

McCain emails Dr. Aguilar to inquire about “the most recent knowledge on jaguar immobilization” to “make ourselves completely prepared for the unintended event of catching a jag.” McCain also states, “I already set the snares in the most jag friendly way possible…”

McCain emails Phoenix Zoo to thank them for scat and to ask if the female jaguar is in heat.

33. February 3, 2009: Phoenix Zoo replies to McCain: “I would not have characterized the jaguar as in heat. I don’t agree with the keeper on that. McCain responds, “Off to set out some of that scat!” McCain and a BJDP volunteer checked cameras in the Tumacacoris and picked up 3 new pics of Macho B from one of the camera sites. The last pic was from Jan. 21st and Macho B was headed south, toward the snaring area.

McCain and Smith are emailed jaguar immobilization recommendations. Thorry Smith emails his thanks to Drs. Deem and Aguilar.

McCain emails family and friends a picture of Macho B retrieved that day. The email reads: “Now, some have called him geriatric in recent times. I’d like to hear them say that to his face! Look at that healthy animal!”

McCain emails AZGFD and USFWS info about new Macho B pictures.

34. February 4, 2009: Phoenix Zoo emails McCain: “I hear that Macho B has surfaced again. The female jaguar may be in estrus after all. Male is mewling at her. I asked them to collect fecal again.

Snares are activated by Smith and McCain in the Atascosa/Pajarita snaring area. I attend to all the BJDP cameras that are in the same area. McCain brought the Phoenix Zoo jaguar scat to be used in the field and at his direction it is placed in front of four BJDP cameras (one within 15 feet of an AZGFD snare) and at one snare site. A picture of Macho B is retrieved from a BJDP camera close to the border. The pic was from Jan. 12 and Macho B was heading north.

35. February 5, 2009: McCain, Smith, and Michelle Crabb document Macho B’s tracks (several weeks old) on the trap line and Smith adds a new snare close to the tracks.

McCain emails Drs. Aguilar and Deem to thank them for the drug info and, “Just to clarify things, Thorry is not trying to catch a jaguar, but he is working on a mountain lion and black bear study in an area where he may inadvertently encounter a jaguar.”

McCain emails his thesis advisor at Humboldt State University telling him of the new Macho B pictures:

“And today I found his tracks while I was helping a Game and Fish biologist get started checking my snares… We are now running snares exactly where Macho B has been in the last REDACTED. No need to talk about this at all until it happen (sic), if it ever does. Game and fish will officially have caught him inadvertently while working on the lion/bear study. The high-ups in the agency are fully aware of what is happening and we are all on the same page. The timing may be perfect for me to be out of town. Wish us luck.”

On Feb. 6th McCain leaves for Spain.

36. February 9, 2009: McCain emails new Macho B photo and track info to AZGFD and USFWS.

McCain emails his and Thompson’s friend at Texas Tech: “By the way, old Macho B is again reigning over his territory along the border. My last two days in the field last week produce (sic) another picture and fresh tracks… yes, his. Tracks on that line that I was showing Thorry.”

37. February 13, 2009: McCain thanks Henke for “getting the donated jaguar collar back to me so quickly. I also wanted you to know that we have again started trapping and that there is fresh jaguar sign in the area.” He also inquires about testing the collar.

McCain emails Thompson about the AZGFD snaring contract he is applying for seeking direction on a question, “I’ve never handled bears… only 6 months with lions”

McCain was awarded the AZGFD contract “as the apparent low, responsive, and responsible offer” on March 4, 2009. But, on March 23rd, AZGFD sent an email out to McCain and other “Large carnivore capture bidders” that “Due to recent jaguar episode, AZGFD’s Director Voyles has placed large carnivore captures on hold.”

McCain emails Smith about testing jaguar collar.

38. February 16, 2009: McCain emails Henke and Smith: ” I think that for the week long trapping periods in the area where we may capture a jag, I think we should leave that collar on. Especially given the remoteness of the area… and the once in a lifetime change (sic) to collar a AZ jag…”

39. February 18, 2009: McCain emails Henke: “I sure hope that we can get that collar on that guy. I assure you we will do our best.”

Macho B was snared this day and collared by Smith and Crabb.

40. February 19, 2009: McCain receives an email from Thompson with the subject line: “Thorry did it!” There were no other contents.

McCain emails someone whom allowed BJDP to place a camera on her property:

“I have to tell you I have pulled a hell of a fast one on the system here. I orchestrated this whole thing, including being out of the country when it happened. I chose my team (of qualified agency biologists), I set the snares and I waited till I knew what was coming. Then I placed a little of my very, very special sauce and jumped on a plain (sic). Now I am the only one with access to the data and I am sitting like the fat cat himself!”

Above is more than enough information to have charged McCain, and perhaps a few others, with conspiracy to take an endangered species, to wit, a jaguar known as Macho B. The only person to be charged with that particular violation of the Endangered Species Act was myself.

McCain’s emails concerning Macho B after his initial capture through his recapture can be found under the category, Capture. The emails include McCain delaying AZGFD to do a visual health assessment of Macho B even though he barely moved after his first day of capture. But, McCain insisted that Macho B could be on a kill and constantly compared Macho B’s behavior and activity to mountain lions. Macho B was a jaguar and there are distinct, recorded differences in the feeding behavior of mountain lions and jaguars. Unfortunately, McCain did not realize this as he knew nothing of Macho B’s behavior in any scenario and had zero experience in monitoring a radio-collared jaguar. So by the time a visual health assessment was done, it was too late. Macho B would be airlifted to the Phoenix Zoo where the vets determined the best and most humane course of action was to euthanize Macho B.

Emil McCain, Part 1

On April 2, 2009  Emil McCain met with a USFWS Special Agent (SA) for an interview regarding the criminal investigation that began the day before into Macho B’s capture and death. McCain told the SA he was “totally willing to talk to the agent and happy to be involved in a formal investigation where the truth would come out and be reported.” However, “he did not feel comfortable answering questions without the presence of an attorney.”

McCain did not speak with the USFWS SAs again until his first “use immunity” interview held at the U.S. Attorney’s office on January 15, 2010 with his lawyer present.

After several “use immunity” interviews McCain was only charged with the Endangered Species Act violation of “knowingly attempt to trap, capture and collect without lawful permit or authority a jaguar, an endangered species.”

I heard McCain first plead not guilty, but then changed his plea to guilty. His punishment was five years probation which included not working on any large cat or large carnivore project in the U.S. during that time. There was also a $1000 fine. Later AZGFD charged him with an $8000 fine and took away his hunting license.

McCain’s punishment had no immediate effect on him and perhaps still doesn’t. It was rumored that shortly after his pleading guilty he left for Spain where his girlfriend, a veterinarian with an Iberian Lynx project, had hooked him up with a job working with the lynx. The Iberian Lynx is one of the rarest wild felids of the WORLD. In fact, McCain co-authored a scientific paper about using scent lures to attract the Iberian Lynx to camera sets (see blogroll for link).

Thorry Smith, Part 3

The above picture is from the AZGFD website and is Thorry Smith posing with Macho B at his initial capture. Smith was involved in Macho B’s capture and recapture. To read more about his involvement please see this blog’s posts: Capture; Day 1: February 18, 2009; Day 10: Feb. 27; Day 11: Feb. 28; Day 12: March 1; Day 13: March 2.

There is not much to add to those posts except Smith told the USFWS SAs that he didn’t have much experience with the drug used to anesthetize Macho B, Telazol or older animals. But, the USFWS Special Agents ask Smith a question they should have asked every AZGFD and USFWS employee whom was aware Macho B was vulnerable to being snared: “And if you’re being so prepared, and you’re getting ready for this chance… wouldn’t it be the best thing to have a vet there?” And Smith replied: “I agree. That’s not my call. We can’t afford that, and this is the way Game and Fish works. We have no money.”

An additional point would be a reminder, that Smith checked the AZGFD snares until Feb. 11. He then de-activated them to return home. He came back to the snaring area on Feb. 15 and re-activated the snares. Macho B was caught on Feb.18.

Garrity Interviews

Smith was granted immunity, as all AZGFD employees were, when speaking with their employer during the course of their internal administrative investigation. Part of the Garrity Warning reads, “… any responses given during this administrative investigation cannot be used against you in a subsequent criminal investigation.”

Smith starts off by admitting to committing a felony: “Well, I lied to the feds about it (use of jaguar scat). Scared to death. You know, Emil (McCain) and I came up with, this is bad. The department is going to look so bad…” Smith then goes on to admit to conspiring with McCain to protect themselves: “We made a different story to protect the department, to protect Emil, to protect my association with Emil about, you know, not leaving jaguar scat but (inaudible) there was no scat at all placed anywhere…”

Smith acknowledges that: “I realized that he (McCain) had put – when I was with him, he had put scat at the upper two of the south two camera sites that were two and four (actually both are about two) miles away about from any of our snares, and being naive as I was, I thought that was okay. I didn’t question it.”

As for the first snare of the day that also had a camera within feet of it Smith claimed ignorance: “… I was working on the set. They were working on the camera. I turned around. There was a scat in the trail figuring it was one of the lion scats they just put in there to get…” Lion scat was never used on this day or ever by the BJDP at camera sites. Smith also claimed ignorance about scat being placed at the last camera site of the day in Penasco Canyon (where Macho B was snared) and at the actual snare site where Macho B was captured.

Smith apparently didn’t find out about jag scat being placed at the other two camera sites until March 31. This was the day McCain called him to make him aware of my allegations of jaguar scat at camera sites and the snare. Smith supposedly asked McCain: “You guys didn’t put any in the cameras within our snare loop, did you?” And McCain responded, “Yeah, we did.” But McCain denied scat was placed at the snare that became the capture site. Smith claimed McCain put jag scat at the other camera sites behind his back.

So on March 31, Smith and McCain meet and discuss what they’re going to do for hours and come up with a plan to lie about the scat and for McCain to go back to the area; “He went in and cleaned it up, made it look like our story.” Smith just admitted to conspiracy and obstruction of justice.

What doesn’t make sense to me is if Smith was truly ignorant of all the places where scat was placed why didn’t he tell McCain to fuck off and then get in touch with his supervisors at AZGFD about what McCain just admitted? Scat a few miles away from the snares was something the AZGFD PR people could work with and Smith’s supervisors could probably give him a pass on. Smith and McCain barely knew each other. Why did Smith choose McCain over his career and later his family as he sat lying to federal investigators, committing a felony with serious monetary fines and jail time attached to the crime?

So Smith never admits to AZGFD his full knowledge about the use of scat at all the camera sites and the snare. I think it’s because he still believed he would retain his job at AZGFD and admitting the full truth would guarantee him being sacked. He even makes a reference in his third Garrity interview (p.8) to a job position he foresees himself occupying in the future. By this time, Smith had retained a lawyer whom might be working on immunity for him with the feds so perhaps he feels legally “safe” and is focusing on keeping his job.

See blogroll for link to Smith’s Garrity transcripts; redacted, of course.

Use Immunity Interview

Smith was interviewed on March 18, 2010 with counsel present at the U.S. Attorneys Office. He admitted to lying to the USFWS Special Agents about the use of scat when cameras were checked and snares opened on Feb. 4, 2009. He continued to maintain that he only found out about the scat at all the camera sites from McCain after Macho B’s capture. Smith also admitted his and McCain’s plan to “clean up” the camera/snaring area of scat. Apparently McCain called him afterwards and said, “We’re good.” Smith never admits to his knowledge of scat being placed at the snare site where Macho B was captured.

With regard to a jaguar capture Smith said, “We (he & McCain) were both hopeful.” Smith thought scat had nothing to do with Macho B’s capture. He had stated the same to AZGFD pointing out that Macho B had come from the north, not passing any camera sites, and the first snare he came to (the one Smith built& activated on his own Feb.5) had no scat and would have captured Macho B if people hadn’t tampered with the snare.

Smith claimed that McCain had tried to contact AZGFD Endangered Species Coordinator, Terry Johnson to tell him that he had a [fabricated] camera log that indicated scat was not used at the camera sites.

In addition, Smith claimed that when he and McCain met on March 31, McCain told him he had informed AZGFD lion&bear biologist, Ron Thompson about the use of jaguar scat and Thompson recommended McCain “deny it.”

Smith said, “It was his and Emil’s word against Janay’s,”  in regards to the placement of jaguar scat at the snare site.

Smith was fired about a week after his “use immunity” interview. I wonder if he had been re-interviewed after losing his job with AZGFD he would have told the whole truth regarding his knowledge of scat placement on Feb.4?

The Investigation: Thorry Smith, Part 2

Smith was interviewed by USFWS SAs on two occasions. He lied to them on both even after they warned him several times in one interview that lying to them is a felony, unlike an Endangered Species Act violation which is a misdemeanor.

So what did he lie to them about? It was the use of jaguar scat at the Borderlands Jaguar Detection Project cameras, one within 15 feet of a snare, and at the snare site that eventually caught Macho B. Smith did acknowledge seeing an older scat at the second BJDP camera site. He said McCain told him it was a jaguar scat and Smith then asked him where he got it and McCain told him a zoo. And that was the end of that discussion. According to Smith: “There were existing lion scats in some of these places. I never saw anybody put a jaguar scat out, I never knew about that, (that) they did put jaguar scats out in some of these locations until the second camera site… But the accusation about having a scat placed at the actual capture site is false… I wouldn’t have allowed it.”

Smith was present at three out of the four camera sites where jaguar scat was placed in front a camera. His head was within inches of McCain’s as they activated the final snare of the day and McCain directed me to place the remaining scat out. As the saying goes, he would have to have been blind, deaf, and dumb this day to not be aware that jaguar scat was being placed in the snaring area.

Preparation for a jaguar capture

At a December 2008 internal AZGFD meeting about the lion/bear study the “j word,” meaning jaguar, was brought up. Smith tried to get guidance from his supervisors (the names are redacted but Chasa O’Brien was one of them) and O’Brien told him she did not want a jaguar collared if one was accidentally caught. This was the first time she learned that the snaring field team was carrying the donated jaguar collar of McCain’s with them every time they checked snares. Smith was still unclear about the protocol if a jaguar was captured so he went to his Director, Larry Voyles and Deputy Director, Gary Hovatter for guidance telling them snaring would be commencing soon in jaguar country and there was a donated jaguar collar available. They referred him to Endangered Species Coordinator, Terry Johnson. Apparently since it was the end of the day, Smith didn’t speak with Johnson nor did he attempt to do so at a later date.

On February 1st, Smith found out new collars would be arriving for the snaring project in the next couple days and snaring would begin in the Pajarita Wilderness. Trapping had been on hiatus since November when they ran out of collars. According to Smith, “Due to presence in years past of jaguar activity in the region, I also asked Emil if he knew the most current knowledge on jaguar chemical immobilization in case of an incidental capture and he agreed to contact Dr. Aguilar who contacted Sharon Deem.”

On February 3rd, McCain contacted Smith to alert him that he just picked up three new pictures of Macho B about a dozen miles north of the snares and the last pic, Jan.21, Macho B was heading south, toward the snaring area. They engaged in a discussion, according to a witness, about whether or not to go forward with snaring in the Pajaritas in light of these new pics of Macho B. At some point, according to Smith, McCain apparently said,”…relatively recent pictures( of Macho B) there (Atascosas/Pajarita pic from August) and some to the north, I just think the odds are greatest down there (of capturing Macho B in the Pajarita Mountains).” Smith said he did not feel a jaguar capture was “preventable.” And when it came time to snare again: “He just did what he was told. He was the person in charge in the field, but did not have the authority to stop the snaring.” Also on Feb.3rd Smith asked Ron Thompson about AZGFD’s Section 6 permit for an incidental jaguar capture. Smith was unfamiliar with the Section 6 and only knew, “he was told it was good” in reference to a jaguar capture. Smith also looked into the Jaguar Conservation Team protocol for a jaguar capture and received a copy of the Jaguar Health Manual from Dr. Aguilar.

On Feb. 4th, Smith accompanied McCain and I to check BJDP cameras. At the same time, he and McCain activated the AZGFD snares that had been left in the field when they were disarmed back in November. Based on their discussion about snaring the previous day, they decided to go ahead and reopen/activate the snares knowing Macho B was probably in the area. Also on this day a new picture of Macho B was picked up. The picture was taken two miles south of the snaring area and was from Jan. 12.

On Feb. 5th, Smith, McCain, and Crabb checked the snares and discovered Macho B’s tracks on the trap line. Smith built and activated a new snare close to these tracks though he said lion tracks were also nearby.

On Feb. 6th Smith drove to northern Arizona to pick up a dart rifle specific to a jaguar capture because McCain suggested it.

McCain and Smith set the snares in a “jaguar friendly” way; they both agreed to use a short leash (cable) and bungee cords because they, “had talked about this and there might be a jaguar in this area.” In addition McCain had spoken about his experience snaring jaguars (which out of 2 snaring captures resulted in the death of one jaguar, and a possible death of the other jaguar) and told Smith: “They get a run up and run as fast as they can and… just destroy themselves. They’re so powerful they just rip their arms out.” So based on that Smith stated, “We wanted a short lead…”

Days before Macho B was captured Smith and McCain coordinated via email to test the jaguar collar to make sure it was working properly. Smith said, “It was further preparation for an accidental jaguar capture, not because of new jaguar sign in area or that a jaguar capture was foreseen.”

Smith and McCain also talked about disabling the VHF capability of the satellite collar for a jaguar because they suspected lion hunters could intercept the signal. Smith took the VHF receiver off the collar days before the capture.

Smith did not inform his direct supervisors, Kirby Bristow or Chasa O’Brien about the recent presence of Macho B in the snaring area. He assumed they would get the information because McCain emailed his jaguar detection notifications out to AZGFD and USFWS. But, that was McCain’s duty as the biologist for BJDP to comply with the project’s Endangered Species permit. It had nothing to do with the snaring project and thus McCain did not include any information about the distance between Macho B’s detections and the AZGFD snares. Smith acknowledged to the USFWS SAs that he thought: “Bristow didn’t want to step into a jaguar capture and he didn’t think Bristow was excited about the possibility of it.” O’Brien had already told Smith back in December not to collar a jaguar.

Because the last picture of Macho B was from an area about a dozen miles to the north of the snaring area, Smith “felt they were in good shape to catch bears and lions because he thought they were in the safe zone because Macho B was two mountain ranges north of the snares.”

Given all the preparation made for a jaguar capture, Smith said the effort was for an unintentional capture. But he did tell the USFWS SAs: “We waited forever for it (Macho B) to come through the snare and when it did I was scared and happy at the same time… It wasn’t intentional but you’re still not exactly happy it happened.” Smith also stated: “He was glad to collar a jaguar hoping things would work. He was under the impression USFWS and AZGFD were aware of Macho B’s photos and track detections and they did not request the snares be closed.”

USFWS SA: But you’re the guy that’s down there working in the area. You’re the guy checking the snares, but you’re the guy deciding where to set other snares. If there’s really a jaguar in that area, you’re the first guy that ought to be saying “We need to pull these out of here, close them, or something.” You can’t leave that decision to somebody who’s three hours away in Phoenix, can you?

Smith: If they’re aware of pictures and tracks, I figure they’d be the ones to call that.

Later the USFWS SAs question Smith: “He’s an old cat and you knew it. And you stood to gain a lot from it, had everything worked out fine. You were willing to take that chance.”

Smith: I wasn’t after fame on this. I was after data… There’s risks with every capture, you know, and they didn’t hope to catch him.

USFWS SA: But the risks are much greater with this cat.

Smith: I know.

Smith told the USFWS SAs he believed AZGFD had a waiver or permit for an unintentional jaguar capture and said there was work to be done along the border: “How do you turn the whole project off along the whole border (The Pajaritas are a tiny fraction of the whole border)? I just don’t see that. I guess, I felt there was probably a distance between us and the last known position (of Macho B). Smith also said if “he did not prepare for a jaguar capture the matter would have come out worse.”

Smith also gave the AZGFD company line that “while working in southeast Arizona there is always a possibility of catching a jaguar.” Yet, Smith nor anyone else from AZGFD ever addressed or were asked to during the investigation, if they truly believed that, why was there no preparation for an “accidental/unintentional” jaguar capture back in October when snares were first built and activated in the Patagonia Mountains for the snaring project? And if working anywhere in SE AZ meant there was a possibility for a jaguar capture, why did AZGFD not prepare for one in November when snares were first built and activated in the Pajarita/Atascosa ranges, an area known for jaguar detections? So why did all the preparation for an accidental/unintentional jaguar capture occur only after it was confirmed Macho B was alive and well and documented in the snaring area? Simple, he was a target for capture by AZGFD, not an accident.

 

The Investigation: Thorton “Thorry” Smith, Part One

Thorry Smith worked as a wildlife tech for AZGFD. He was fired March 2010 because he admitted in AZGFD’s internal investigation, which granted him immunity under the Garrity Warning, that he lied to federal officers, engaged in a cover-up with McCain about the use of jaguar scat in the snaring area, and for talking about the investigation with McCain despite the gag order AZGFD had issued to their employees about the case.

The AZ U.S. Attorney’s Office was considering charging Smith with two felony counts because during two, separate interviews with the USFWS Special Agents (SAs) he did “knowingly and willfully make a false, fictitious or fraudulent statements or representations, or make a false writing or document knowing the same to contain false, fictitious or fraudulent statement or entry, all in violation of and unlawful under the laws of the United States…”

Interestingly, the AZ U.S. Attorneys Office never considered charging Smith with the following:

1. “Take” of an endangered species without lawful permit or authority in violation of the Endangered Species Act (ESA). Smith did “take” the endangered jaguar known as Macho B when he knowingly attempted to trap, capture, and collect him. In fact, Michelle Crabb did too, and also wasn’t charged with this ESA violation. (The AZ US Attorneys Office had determined that Macho B was trapped without the proper permits or authority)

2. Conspiracy to “take” an endangered species, which again, he and Crabb did by re-activating snares in jaguar habitat with knowledge of Macho B’s presence; building and setting a new snare trap by Macho B’s tracks; preparing for a jaguar capture by obtaining proper drugs and equipment; and not alerting their supervisors to Macho B’s presence on the trap line despite knowing their supervisors did not want a jaguar snared and had said, “this is not a jaguar project.” And in Smith’s case, knowing jaguar scat was used in the snaring area.

Smith had admitted to AZGFD, under immunity, that he and McCain and conspired to cover up the use of jaguar scat in the snaring area, but the US Attorneys Office and the USFWS SAs could have gotten that information from McCain during any one of his “use immunity” interviews. But the AZ U.S. Attorney Office also granted Smith “use immunity” so he admitted that conspiracy under the safety of immunity and therefor,  couldn’t be charged with obstruction of justice, or tampering with evidence, or  any other laws that he broke. That was nicely played by Smith and his lawyer, he got immunity wherever he went.

It was also very kind and generous of the AZ U.S. Attorneys Office not to charge Smith with any legal violations. According to the Assistant U.S. Attorney’s notes on the criminal declination record for this case, Smith’s “termination of employment” with AZGFD seemed to satisfy their definition of justice, as well as, the USFWS’ since they agreed with the decision.

I suppose if you’re going to break the law it is best to be a U.S. government employee. They seem to get immunity no matter what and are held to a different, almost non-existent, legal standard than the average private citizen of this country.

The Investigation: Michelle Crabb

Michelle Crabb was a tech with AZGFD (I believe she is still employed at AZGFD). Before participating in Macho B’s capture she had observed/assisted with one mountain lion capture. She had been through the mandatory AZGFD trapping and handling course (a basic weekend course) but was learning on the job, through the lion and bear snaring project, how to trap, anesthetize, handle, and process bears and lions.

February 5, 2009

Crabb met McCain and Smith at Bear Valley to check the AZGFD snares that were re-activated the day before. At Crabb’s approximation McCain found Macho B’s tracks about 200 meters away from the nearest snare. Below is a picture taken by Crabb with McCain in the foreground pointing out Macho B’s tracks to Smith. This picture was provided in my FOIA request.

The tracks appeared old, 2-3 weeks, and Crabb assumed after talking with McCain about Macho B’s movement history, that Macho B wouldn’t return for some time. Crabb stated:

You, know, I never thought in a million years we would catch it. Even after we saw the tracks I figured, oh it’s gone… we’ve lessened our chances now.

Although the day before McCain and Smith had retrieved a picture taken three weeks prior of Macho B, just two miles away from the snare line, supposedly they didn’t tell Crabb about the photo. In fact, according to Crabb, she wasn’t aware of any photo detections of Macho B from the previous year until after Macho B was snared and collared. She also wasn’t made aware of the use of jaguar scat and apparently didn’t find out about it until reading it in the paper.

After seeing Macho B’s tracks Smith and Crabb added two new snares to the area, one in the wash near Macho B’s tracks. Supposedly this was done because snares were being tampered with by people and small animals and they wanted to offset that. Crabb also talked about seeing tracks of bears and lions in the wash. Below is a map Crabb provided the USFWS SAs which was provided in my FOIA request. The snare trap between the starred capture site and the indicated location of Macho B’s tracks was the new snare that Crabb and Smith set. If you look over to the right of the map can you see where Crabb indicated bear tracks. If they were trying to snare a lion or bear why was the new snare placed closest to Macho B’s tracks and not the bear’s? (click on the first photo at the top of this post to view all photos in a slideshow format that produces a larger image)

Apparently there was no talk this day about concern for trapping Macho B, his age, or alerting their supervisors to Macho B’s presence on the snare line. Neither Crabb, Smith, or McCain alerted their immediate boss, Kirby Bristow to Macho B’s presence even though he had supposedly told them this “was not a jaguar project.” And there was also no concern from them or anyone else in AZGFD that became aware of Macho B’s presence on the snare line that Smith would be the only one with cat handling experience (by his estimation, less than a dozen animals and this includes bears) if Macho B was trapped. From the beginning of the project people spoke about the chances of catching a jaguar during the snaring project but I have found no evidence that anyone was concerned that the people whom could or would be handling Macho B were experienced trappers and handlers that could monitor Macho B’s health given that he was approximately 15-16 years old. The closest comment I could find that addresses this comes from AZGFD Non-Game biologist, VanPelt to AZGFD lion and bear biologist Thompson when he says: “Hopefully we have someone skilled with handling cats.” This comment is in response to finding out from Thompson there was jaguar sign “all over down south” and “an animal could be caught as early as that weekend.”  AZGFD treated Macho B like he was a common animal of the area, not the only known individual of his species to exist in the U.S. This is the epitome of negligence and dereliction of AZGFD’s duty to protect this endangered species that they asked to be responsible for.

Jag Prep

Crabb said, ” The snares for the lion/bear project were constructed with short leads (short cables) due to possibility of catching a jaguar.”

She also stated, “There were conversations concerning a jaguar capture during the snaring efforts – the required paperwork and the need for an Environmental Assessment Checklist in an effort to make sure that we covered our bases.” Crabb was unsure if an EA was done. It wasn’t.

Crabb was aware “that AZGFD had possessed a permit for incidental take and was under the understanding that they needed an incidental jaguar take permit for any snare work near the border.” She continued, “though I don’t know from whom or when I learned this.”

Crabb was aware that McCain and Smith decided a dart rifle would be better for a jaguar capture and that is why Smith left to retrieve one from northern AZ on February 6th.

Crabb was aware of the jaguar collar being carried around in the field by McCain and Smith and spoke of prepping the collar for a jaguar capture: “Like on the collar we had taken the VHF off previously, because there was concern of people trying to track them on VHF… we’re concerned that people would hear it in the news and think that that would be a neat trophy. Poaching potential and stuff…”

Capture: February 18, 2009

In some ways, we all wish we didn’t catch him, cause (sic) obviously then he wouldn’t have died.  Michelle Crabb

Above is a pic of Crabb with Macho B at his initial capture. The pic was taken by Smith and is available on the AZGFD website.

According to Crabb’s recounting of events: She and Smith discovered large cat tracks in the wash before arriving at the first snare (the new snare set by Smith & Crabb on Feb. 5). They assumed the tracks were jaguar based on their large size. At the first snare they discovered that the snare and spring mechanism had been pulled out and placed beside the trail. The jaguar tracks went right through the snare. They thought they missed the jaguar until they approached the second snare and saw a jaguar had been captured. Smith then prepared the dose of Telazol to immobilize Macho B. According to Crabb, Smith was carrying Telazol specifically for use in the event of a jaguar capture although it was also used on bears. Smith was also carrying the Jaguar Handling Protocol and a book of drug dosages for different animals. Crabb said it seemed like Smith wanted to use a different drug on Macho B, a reversible drug, but the jaguar protocol recommended Telazol.

Macho B was sedate in the snare until darted which caused some movement from him and a growl. After waiting ten minutes for the Telazol to take effect they approached Macho B, covered his eyes, removed him from the snare and hobbled him. They took his temperature and seeing it was four degrees below normal, moved him into the sun to warm him. The collar and ear tags were placed on Macho B; antiseptic was used to treat several scrapes and a cut on his leg; eye drops were applied; weight, measurements and photos were taken.

Macho B weighed between 115-118 pounds but Smith had prepared a dose of Telazol for a 150 pound animal, his estimation of Macho B’s weight. But there was not much concern about the weight discrepancy because not all the drug had been injected into Macho B (a small amount was left in vial) and Telazol has a wide safety range. Biological samples were then collected from Macho B: two tubes of blood, hair, a fecal sample, and cheek swabs. They noticed a couple of Macho B’s teeth were broken but were unsure if the damage was the result of the capture. Blood was present in his mouth because of a cut. They looked for teeth or pieces of around the capture site but found none (the USFWS SAs would find the missing portion of Macho B’s canine, broken to the root, confirming the injury was capture related). Crabb said Macho B appeared to be in good condition though his snared foot was swollen. After a 45 minute handling period the hobbles were removed from Macho B. Crabb then left to de-activate the remaining snares. She returned and helped Smith monitor Macho B until he recovered from the Telazol which took approximately six hours. During the processing of Macho B, Crabb noticed the “Pinocchio” rosette on his right side. She had remembered hearing about this distinctive rosette but did not realize “Pinocchio” was an identifying marker for Macho B. In summation Crabb stated: “He didn’t seem like damaged, and he’d worn off a bunch of his claws on the tree that he was caught on. But he seemed healthy and well when we let him go.”

After the capture, and when they returned to an area with cell phone service Crabb left a voice message for McCain about the capture. She spoke to him the next day and described his reaction as “excited, surprised, and all jacked up.” McCain confirmed to her that the “Pinocchio” rosette meant the animal was Macho B.

Inexperience

In Crabb and Smith’s statements regarding the capture they never talk about cleaning Macho B’s dart wound.  Smith removed the dart from Macho B so they knew where the puncture from the needle was located. In the jaguar protocol Smith was carrying around it simply states to “treat the dart wound site.” But in the capture protocol for lions, a document Smith and Crabb should have been intimately versed in as that was their job, it states: “Remove dart and clean debris from wound with tweezers, water, and gauze before applying iodine and spraying with antibacterial spray. Treat any other cuts and injuries the same.” The lion protocol also says (the bold type is in the actual document): “Lay lion on its side opposite the dart wound.” For some reason the lion protocol is more extensive than the jaguar protocol concerning standard medical attention to a puncture wound from a dart. When the dart enters the animal’s body it is pushing any dirt, minute debris, bacteria, body fluids, etc. present on the animal’s fur inside that animal’s body. That captured animal, no matter what the species, needs some protection from that dart wound getting infected. That is why, in the lion protocol, the animal is laid on the opposite side of the wound; to clean the dart wound and keep it clean during the handling process. But Crabb talked about “flipping the kitty;” rolling Macho B onto both his sides when they laid him out in the sun to warm him up. When he was on his darted side, the wound was not always protected from the dirt. Below is a pic of Macho B lying, unprotected, on his darted side. The pic is from the AZGFD website.

The subcutaneous emphysema that was found in Macho B’s rear, left leg at his necropsy was not present at the initial capture. The emphysema rendered his back leg almost useless, severely limiting his mobility. When it was cultured at his necropsy three organisms were found: one that is present in dirt, one present in the intestinal tract, and one found in the gut (see post “Subcutaneous Emphysema” for more). I’m not medically learned, but I would hypothesize that the emphysema was a result of the dart wound not being cleaned and maybe it was exacerbated if Macho B’s immune system was compromised if he truly was suffering from kidney disease, not to mention his body possibly trying to fight an infection that could have been occurring since his canine was broken down to the root, exposing the root canal. And then, of course, the actual stress of the capture would have weakened his immune system, as well as, his age which in human years was 76-80 years old.

Cleaning a dart wound seems like elementary medical hygiene. The fact that it wasn’t done could have resulted in even more pain and agony for Macho B and could have been a contributing factor to his rapid health decline which ultimately resulted in his being killed through euthanasia.

In Addition, Smith had attempted to draw blood from Macho B but having never done so on a cat before failed to get much of a sample. Neither Smith or Crabb properly stored the blood samples and when they were called for on the day of Macho B’s recapture to help determine his health at the time of his initial capture, the lab determined the blood samples were not suitable for a health assessment. As a result, there could never be a determination if Macho B was already in failing health when he was initially captured. Smith and Crabb also stored the fecal sample they got from Macho B in a rubber glove and threw it in the ice chest with the blood vials, and cheek samples. According to Melanie Culver, a geneticist that was a cooperator on this study and is now involved in the University of Arizona jaguar study: “water had gotten into the Ziploc bag and contaminated the scat sample.” Culver also stated that felid scat has more DNA than their hair follicles. So biological samples collected from the only known jaguar to exist in the U.S. were treated rather poorly considering their scientific value and, as it turned out, health value.

Like Ron Thompson of AZGFD stated to the USFWS SAs: “I would say that biologists have killed more jaguars than other causes.”

The Investigation: Kirby Bristow

Bristow was the lead field biologist for the AZGFD lion and bear snaring project. At the time, he was responsible for 3 study projects and estimated he spent about 50% of his time on the lion/bear study.

Lion and Bear Snaring Project:

Bristow took over the project in May 2008. The Wildlife Conservation Society (WCS) was a partner on the project and the Borderlands Jaguar Detection Project (BJDP) was a cooperator on the lion/bear study. According to Bristow, “BJDP, via McCain, was given access to study the AZGFD lion and bear collar data and AZGFD wanted to use BJDP camera data for the lion/bear study.” Describing BJDP as a cooperator on the AZGFD study was a new concept introduced in the federal, criminal investigation as Childs and McCain of BJDP maintained the projects were separate and AZGFD disowned any relationship they had with McCain once the investigation began.

Mountain lions were included in the study as an indicator of connectivity between mountain ranges in southern Arizona. Bristow wanted: “to catch lions in the Atascosas and the Pajarito Mountains, because there were plans to extend the pedestrian fence from Nogales westward. So I was looking at that as the opportunity to have a before/after, catching the animal that may be crossing the border now and see how that behavior changes or doesn’t change as the wall was being extended.”

Agency Protocol:

According to Bristow, “…there was discussion from the moment we started talking about trapping lions in southeast Arizona and the issue of jaguar protocol, making certain that we were up to date on what the latest was in case we caught something. That was raised.” Bristow credits Ron Thompson as probably being the first to raise the issue of jaguar protocol.

USFWS Special Agent (SA): What type of action did your office take within checking to see if what you were doing was legal – or not legal but, in other words, to cover your bases to make sure that Game and Fish was not possibly getting into this project and with the possibility of snaring a jaguar? What efforts did your office make to ensure that maybe there was full compliance?

Bristow: Mainly my connection was Ron Thompson. He was on that Jaguar Conservation Team [Bristow was mistaken. Thompson was not involved with the JAGCT], so I knew that he was (inaudible), knew the latest in terms of what was required legally and as well as what was required to meet the latest Jaguar Protocol.

When the USFWS SAs asked Bristow if an EA checklist had been completed for the project he was unsure if one had been done (Bristow was cc’d on email concerning an EA for the snaring project that was sent to his boss, Chasa O’Brien), but said they had consulted with the Coronado National Forest about allowing AZGFD to snare.

Bristow was unsure if anyone in AZGFD consulted with the USFWS about possibly snaring a jaguar during the lion/bear study. He did not and stated: “…perhaps that should have fallen on me, but I was under the impression from Ron (Thompson) that we were above-board in terms of the legal issues associated with that potential.”

Bristow also confirmed that Thompson recommended McCain for the snaring project.

Macho B:

Bristow confirmed that the snaring began again in the Atascosa Mountains to collar another lion to “replace” the young female that that was killed in the area on a Safari Club International “trophy hunt” in January. Bristow made the decision as to when to resume the snaring. When the dead female lion’s collar was returned to AZGFD he wanted to get the collar on another animal as soon as possible. The return of her collar also coincided with the delivery of more GPS collars for the project.

Bristow spoke with McCain about jaguar sightings in the Atascosas and the possibility of catching a jaguar during the snaring project. Bristow stated: “He (Bristow) felt there was a pretty small chance that we were going to catch that jaguar based on the August sighting (picture) and the difficulty in catching a jaguar when the attempt was made 10-12 years ago (failed jaguar capture attempt by AZGFD and USFWS in the Cerro CO Mountains of southern AZ, roughly 1998).” Bristow was aware that McCain had a jaguar GPS collar in case a jaguar was caught.

Bristow claimed that he was only aware of Macho B’s picture from August 2008 in the area, and McCain never informed him of the January 2009 pics of Macho B near the snares nor Macho B’s tracks found on the snare line. Supposedly no one else from the snaring project or his agency informed him of Macho B’s presence near the snares. This would include: Smith, Crabb, Thompson, Van Pelt, and Johnson. In addition, Bristow’s boss, Chasa O’Brien did not inform him that McCain and Smith inquired about the proper drugs and dosages for immobilizing a jaguar during a capture.

Regarding Macho B’s presence near the snares, one of the USFWS SAs asked Bristow, “What would you have done had he (McCain or Smith) told you – and specifically that it was Macho B?” Bristow responded: “Had he told me, I would have insisted that we move our snare lines someplace where we wouldn’t catch him.”

USFWS SA: And if he knew?

Bristow: If he knew it, he didn’t tell me.

USFWS SA: Would that have been something he should have?

Bristow: Yeah, that would have been something that he should have told me had he knew.

USFWS SA: Would that be considered insubordination?

Bristow: It was understood that we weren’t trying to catch a jaguar.

Later in the interview the USFWS SAs ask Bristow why he didn’t know Macho B had been detected near the snares? They also ask,”Did you ever give Thorry (Smith) or Emil (McCain) the impression that you didn’t want to know if that were the case?”

Bristow: No, I gave everybody the indication that this was not a jaguar project… I have to just surmise this because I wasn’t there – but I think the fear within the Department was that if we were catching lions, looking at lion habitat selection and movement patterns as a surrogate for jaguars, that that could defer potential funding from jaguar research. And within the Department, the Research Branch conducts research, but then the Non-Game Branch is where everything with Endangered Species, they have jurisdiction over all of that… that’s where there was some animosity or infighting about the jurisdiction over jaguars. So when I started, I said, ‘I want nothing to do with jaguars,’ and I made that known to everybody.”

A little later in the interview the USFWS SAs ask: So looking back at it, do you think that you just didn’t have sufficient oversight over the program, or do you think that the folks under you (McCain, Smith & Crabb), like you intimated earlier, were just keeping you out of the loop because they knew you weren’t interested in catching a jaguar? Or both?

Bristow: Yeah, you’d have to say both…I was left out of that communication (McCain’s email alerting AZGFD & USFWS of Macho B’s presence in Atascosa Mtns., January 2009). But I probably should have known since it was my project.

Bristow also stated he does not recall “specifically telling Smith, McCain, or Crabb to advise him if they discovered evidence of a jaguar in the study area, nor to avoid catching a jaguar at all costs.”

Etc…

Bristow spoke with Smith the day of Macho B’s capture, after Smith spoke to Thompson. Bristow described Smith’s and his own reaction to the capture as “surprised.” Bristow said after he spoke with Smith he immediately left voice messages for his boss, Chasa O’Brien. O’Brien said she didn’t hear from Bristow or about Macho B’s capture until the following morning. Bristow said he did not immediately notify anyone of Macho B’s capture, except O’Brien, because it was a “controversial subject.”

When asked for specifics regarding the “controversial subject” Bristow cited his theory about who got to control jaguar research and its subsequent funding in AZGFD and McCain’s theory that evidence of a resident population of jaguars in the U.S. would require AZGFD to change the predator management strategy in AZ (i.e. use of snares or hounds to “hunt” animals).

Bristow also said he was unaware of the use of jaguar scat at BJDP cameras and near the AZGFD snares and that he hadn’t been to the AZGFD snare sites in the Atascosa Mountains.

 

The Investigation: Chasa O’Brien

Chasa O’Brien is a Research Branch Chief with AZGFD. She was the lead biologist for the AZGFD lion and bear snaring project which snared and collared Macho B.

The AZGFD Lion and Bear Snaring Project

According to O’Brien: The lion/bear project was initiated in 2006 because many problem bears were being removed (relocated and/or killed by AZGFD) from Sierra Vista, AZ that came from the Huachuca Mountains and there was concern from AZGFD Commissioner Hernbrode the population was in peril. Hair snares designed to remove hair from bears were employed and the project was managed by Todd Atwood. Before Atwood left the project plans were made to: collar the bears to determine their population and the habitat connectivity between the Sky Islands of southeastern AZ and the animals’ cross border movements. A Wildlife Conservation Society contact was collaborating on the project with Atwood. The Wildlife Conservation Society remained with the project providing assistance and possibly telemetry collars.

In June 2008, Kirby Bristow, the new lead field biologist for the snaring project, approached O’Brien, his boss, and asked, “Hey, on this project for SE AZ, what if we were to capture a jaguar?” O’Brien responded, “No capturing jaguars in SE AZ.” Bristow followed up with, “Well, if there was interest to capture a jaguar?” And O’Brien responded, “No, that would have to be a process that would go through the entire Department and probably would require Commission approval and stuff and that was not something that we would do.” Bristow also asked, “If we were to capture a jaguar, could we radio collar it?” And O’Brien answered: “No, no radio collaring any jaguars. We don’t have permission for that. We don’t want to capture a jaguar in the first place.” O’Brien’s boss was brought in on the conversation and he supported what O’Brien told Bristow. O’Brien didn’t hear anything further about jaguars until months later when Ron Thompson (AZGFD lion&bear biologist) brought it to her attention that a jaguar could be captured on the snaring project.

O’Brien stated she was unaware of where the snares had been set or where the animals were being captured. She also did not know the snares were set up with short leads or in any other manner to benefit a jaguar capture.

I’m not involved that deeply in the project where I’m informed when they’re opening snares, closing snares or otherwise and where those are located at.

O’Brien also said she was unaware of Macho B’s presence in the snaring area and had not been sent any of the photo and track detection information that was shared with others in her agency and USFWS.

Environmental Assessment

From The USFWS investigation write-up: An Environmental Assessment (EA) is a component of the National Environmental Policy Act (NEPA) enacted in 1970, where federal agencies using federal funds determine if federal projects have any negative impacts to the environment or even endangered species.

The lion and bear project was federally funded. O’Brien began wondering if an EA was done for the project and if one was required after Thompson approached her and told her there was a possibility of capturing a jaguar during the course of the lion/bear project.

In an email sent to O’Brien on 12/24/08 from REDACTED it states: “He feels that we best do an EA to address the issue and cover the department in the event that one of those big spotted cats ends up in one of our snares.”

And in an email on 1/20/09 from REDACTED to O’Brien about an EA for a possible jaguar capture during the lion/bear snaring project:

“…We are technically covered if we inadvertently acquire one, but not if we go after one. You might want to hear the story from REDACTED to decide if we are covered enough, because if we do acquire one it is likely certain parties will raise some noise. The other approach would be to work this issue to the top and prepare a briefing that Larry (AZGFD Director, Larry Voyles) can take to Regional F&W Service Director…”

An EA was never done and O’Brien stated it was her responsibility. She also said: “Guidance for EA process was lacking from Habitat Branch which oversees the process. She has to go to the Habitat Branch and inform them of the project to initiate an EA process. This puts a hold on all snaring projects in AZ because of possible impacts to other endangered wildlife.”

O’Brien never went to the Habitat Branch to inform them of the lion/bear snaring project occurring in jaguar habitat.

Dr. Roberto Aguilar

On 2/6/09 Dr. Aguilar emailed O’Brien and attached emails he had exchanged with McCain and Smith about proper drugs and dosages to immobilize a jaguar. This same email was also sent to Bill Van Pelt (AZGFD) and Erin Fernandez (USFWS).

I wanted to give you a “heads up” on an email exchange regarding jaguars and anesthesia that I had with Thorry and Emil. They asked for a good, safe way to anesthetize a jaguar, should one be accidentally trapped as part of AZGFD black bear, mountain lion study… I don’t want you to be surprised if you hear about it from the field team. Just trying to be helpful.

When asked by the USFWS Special Agents (SAs) if she followed up on Aguilar’s email O’Brien responded: “No. I hadn’t taken his forwarding that as having anything to do with the request that Thorry and that whole email string. I had taken that to be a request to meet with regards to the open position (AZGFD job opening) and his desire to have that…”

Red Flags

In hindsight, there were “red flags” everywhere.

O’Brien said the first “red flag” occurred in December 2008 when Ron Thompson would occasionally tell her, “You know, you could incidentally capture a jaguar on this study.” Thompson’s comments initiated her questions about an EA being done for the snaring project. O’Brien also said she: “Hoped that if the jaguar presence was an immediate issue, Bristow would have come to her to raise concerns over capturing it (O’Brien is talking about Macho B’s presence on the trap line as detected by McCain, Smith and Crabb on 2/5/09. Supposedly, they never informed Bristow so he, in turn, could not inform O’Brien).” According to O’Brien, if she had been informed of Macho B’s presence near the snares she would have sought consultation with Endangered Species Coordinator, Terry Johnson and closed the snares until Director Voyles made a decision.

Capture

O’Brien had asked Bristow if there was intent to capture Macho B and, according to O’Brien, Bristow replied: “No. Anytime I’ve met with my field crews, I’ve specified that we are not capturing jaguars, that we are here to capture lions and bears.” O’Brien also asked of Bristow if any jaguar tracks had been seen because that had been raised and according to her, Bristow replied: “That, no they hadn’t seen any jaguar tracks. And then he indicated that there had potentially been a case where Thorry was out and had stepped on a jaguar track or what appeared was a larger cat track potentially that he wasn’t sure was a jaguar…” (On Feb.4 McCain, Smith & I walked over Macho B’s tracks, not noticing them because night had fallen. The next day, his tracks were found by McCain and he briefed Thorry Smith & Crabb about the tracks and what a jaguar capture was like)

O’Brien was not informed of Macho B’s capture until the day after it occurred. Bristow called her the morning after the capture. Smith had called Bristow the night of the capture after being told to do so by Ron Thompson. To be clear, the chain of command in this project did not include Thompson, but was, from top to bottom: O’Brien, Bristow, Smith (along with Crabb & McCain).

Conclusion

AZGFD has been the co-lead, along with New Mexico Game & Fish and in partnership with USFWS, in jaguar conservation for the U.S. since 1997. Macho B has been on all the agencies’ radars since 1996 when he was first documented in southeastern AZ.

USFWS SA: “Given the fact that you have endangered animals that live lives similarly to other non-protected animals, such as the wolf and the coyote, the jaguar and the mountain lion, do you foresee that there should be better information that’s relayed to the employees regarding how the laws affect what you do perhaps and, you know, just kind of outlining what happened and so forth?”

O’Brien: “Absolutely…”

O’Brien goes on to highlight a few changes that need to be made such as, direction needed to be implemented for an EA checklist and what projects trigger that process; training needed to be required for endangered species protocols and handling, including proper documents (handling protocols) being taken into the field; and a contact list needed to be implemented to communicate such a big event as capturing a jaguar to the proper people in the chain of command.

Why did it take Macho B’s capture and death to highlight the need for basic protocols and procedures in an agency that is responsible for all the wildlife of AZ, and the lives of AZ’s endangered species, including the rarest mammal to be found in the United States, the jaguar?

The Investigation: Ron Thompson, part 2

So, Thompson whom had been concerned about Macho B getting snared back in November when a picture taken of him from August was retrieved had no concern when pictures were retrieved of Macho B close to the snaring area and were taken just two weeks before the snares were re-activated. Odd.

Thompson had approached Chasa O’Brien, the branch chief and boss on the snaring project, in the months prior to warn her that a jaguar could be caught during the snaring project. McCain consistently went to Thompson for advice and Thompson never suggested bringing Macho B’s recent, mid to late January, presence close to the snares to the lead field biologist on the snaring project, Kirby Bristow, nor his boss, Chasa O’Brien. He also didn’t advise Smith to do the same. And according to McCain, when he first became involved with the snaring project, Thompson told him, “I want you to put those snares in the very best locations. Do you know what I mean?” To McCain, he thought “this was a disguised, but clear direction to capture a jaguar, but not enough to get him in trouble.”

In addition, neither Thompson or Van Pelt advised the Endangered Species Coordinator, Terry Johnson about the possibility of Macho B getting snared during this time period. This strikes me as odd because Thompson and Van Pelt were recipients of Johnson’s email that spoke about talking to Director Voyles about Macho B and that he, Johnson, was “putting the final touches on an authorization to capture and collar memo.” It seems this would have been a good time to reach out to Johnson for some clarification on the matter – was there a permit for an intentional and/or inadvertent capture of a jaguar if “an animal could be caught as early as the weekend”? Also, Johnson was the Jaguar Lead for their agency so a heads up to him about Macho B’s vulnerability to being snared seems like a basic professional, co-worker courtesy, if not responsibility. Yet, there was silence.

Macho B was snared and collared by Smith and Crabb on February 18th. After watching over Macho B for six hours while he recovered from the drug, Telazol enough to leave the capture site, the first person Smith called about the capture was Thompson, not his direct boss, Bristow. Apparently, despite all the preparation Smith made for an “inadvertent capture” of Macho B, he was unsure whom to call first. Thompson directed him to take it up the chain of command.

Thompson told the USFWS SAs that he felt that “they screwed up by catching the jaguar” yet in an email to McCain the next day Thompson writes in part:

“As for the other cat, all your hard work and knowledge paid off. It could not have happened without you. Thorry was so excited we were yelling and hooping over the phone and I was not even there. I hope I armed Thorry enough with the Section 6 wording and answers to not get him in trouble…”

Seven days after Macho B was captured McCain emailed Thompson for advice. Macho B had barely moved and Van Pelt had suggested getting a visual health assessment of Macho B though McCain shot down the idea and hypothesized that Macho B could have been on a kill. McCain forwards Thompson all the emails between him, Van Pelt and Johnson and asks for Thompson’s advice on what to do next. Thompson basically supports McCain and his making the call on going in for a visual assessment or to check if Macho B is on a kill. Thompson also cautions McCain, “As humans we are great at impacting our study animals to the point that their welfare is negatively impacted…” McCain decides that Macho B should not be “harassed” and sticks with his “he is on a kill theory.”

Interestingly, Thompson did not give McCain the advice that Thompson himself followed when he captured older animals. With regard to Macho B’s age and the capture, Thompson said:

“It should have been considered. It’s like trying to catch a 96 year old man… it’s more precarious. And just again, me working with mountain lions, I think they deserve special (INAUDIBLE); younger ones, you don’t have to worry about. Those older ones, I’m back the next day doing health checks on them for quite a while to make sure that they’re okay.”

Days later when McCain decided something could be wrong with Macho B he called Thompson and asked if he could be involved in checking on Macho B. Thompson agreed and got permission from his superiors but Van Pelt excluded Thompson when they initially tried to get a visual on Macho B. Thompson couldn’t get there in time anyway but was present for the re-capture. He played a back-up role and just hung around Bear Valley Ranch until Macho B was captured and then airlifted to the Phoenix Zoo.

The USFWS SAs asked Thompson if he spoke to McCain after Macho B was euthanized. He did, on a personal basis to see how he was doing. McCain summed it up as: “After the jaguar was euthanized, Thompson offered him a lot of support. They would get drunk and talk much about the matter.”

After the USFWS criminal investigation and the AZGFD internal investigation began on 4-1-09, AZGFD directed their employees not to talk to each other or anyone else about Macho B or the investigation. Thompson said he spoke to McCain after learning in the paper that McCain had received a hunting/poaching violation in Montana years prior for hunting on a friend’s license. McCain had never told him about it though Thompson had vouched for him to get the sub-contractor job on the snaring project and helped him with the contractor  application to get a job to be an AZGFD trapper (contract cancelled when all captures were put on hold). According to McCain, “Thompson kept him informed about AZGFD issues pertaining to the jaguar and the interviews conducted by the USFWS SAs.”

Thompson put blame on USFWS Jaguar Lead, Erin Fernandez for not stopping the snaring project since she received the email notifications from McCain about Macho B’s latest detections and was aware of the snaring project. Thompson stated: “As far as that permit, as soon as she was notified or somebody within the Fish and Wildlife Service that there’s a jaguar on this camera, someone should have been asking questions on that. ‘Hey, are you guys still snaring?'”

After Macho B’s death and the criminal investigation began, Thompson offered McCain a lot of support in the way of employment. It was through Thompson that McCain was able to donate Macho B’s collar to a jaguar release project in the Yucatan in which he, Thompson, and Ole Alcumbrac (AZGFD contract vet at Macho B’s recapture) participated. Thorry Smith was also invited but he declined. Thompson also hooked McCain up with work in northern Mexico setting up cameras to monitor for jaguar presence and, apparently, as a hunting guide in the same area.

At Thompson’s last interview, a surprise visit by the USFWS SAs, Thompson said “he was through talking with McCain after learning that he and Smith conspired to cover up the use of jaguar scat during the snaring of  the jaguar (this had just been made public, as well as, Smith’s firing from AZGFD).” But according to Smith, when he and McCain met to “make up a story that no jaguar scat was used…” McCain told Smith he had told Thompson about the use of jaguar scat and Thompson recommended McCain “deny it.”

No one wanted the jaguar caught and definitely not, you know, killed. I think people took steps to plan on this thing. Ron Thompson

I wonder if he includes himself in that analysis?

The Investigation: Ron Thompson, Part 1

Ron Thompson was the lion and bear manager for AZGFD and retired in 2010. He had previously worked in law enforcement for AZGFD and USFWS before that. Currently he is involved in the University of Arizona jaguar study.

I would say that biologists have killed more jaguars than other causes.  Ron Thompson

Thompson recommended McCain for the AZGFD lion and bear snaring project. To him, it was a “no brainer” since McCain knew the area and had experience snaring lions. McCain, by his own admission, considered Thompson his boss on the snaring project though Thompson was not apart of it. About a month into McCain’s involvement in the snaring project a new picture of Macho B was retrieved from one of the BJDP cameras. It was the first photo of Macho B in over a year. He emailed Thompson the news that Macho B was alive and well. Thompson responded: “Great news of Macho B. I would like to reemphasize the need to watch the trapping situation and to know if there is a possibility of snaring him soon.” When asked by the USFWS SAs about this email Thompson explained: “… there was a warning from me that, you guys don’t be accidentally or even near that thing (Macho B) when you’re snaring… right there was a warning and a reemphasis to those guys that it could happen. If there’s any possibility of snaring him soon, then they need to probably rethink the whole effort in that area. And that’s how it was portrayed… to anybody that was working on that project.”

No one wants to catch a jaguar in a snare. Jaguars are frequently caught in snares in South America then they die and maybe you don’t hear about it. But in general, researchers do not like to catch jaguars in snares because they are very sensitive to handling and capture. Ron T.

One of the reasons snares were re-activated in Macho B’s known territory Feb. 09 was because AZGFD wanted to “replace” a previously collared lion from that area that had been providing the snaring project cross-border data. This young, female lion had been killed by a hunter in January 09. According to Thompson: “The trophy hunt was auctioned by Safari Club International. And for some reason, out of all the places they could go in the state of AZ, they come down to Bear Valley (where the female lion had been snared and collared in Nov. and then killed in Jan. Also where Macho B would be snared in Feb.). And it was a female, collared female, and it weighed like 55-60 pounds. And REDACTED kills it… And I called REDACTED (it is the guy who guided the “hunt”) and asked him why. He goes, ‘Well, because the client was old, and we just happened to catch it by the road and so we killed it.'”

Thompson goes on to share his experiences in Prescott, AZ, where there was a 60% mortality rate for collared lions on an AZGFD urban-lion study. It was suspected by researchers that hunters were able to access the frequencies of the collars on the lions and “hunt” them that way. That same method of “hunting” was suspected in the female lion’s death at Bear Valley.

Thompson continued: “But, anyways, this guy that caught this thing (the lion) had actually put collars on for us before in the desert… he was kind of a friend of the Department’s (AZGFD). And just, he knew the study was going on (the snaring project)…”

Thompson told the USFWS SAs McCain “did not have a permit to collar a jaguar.” He continued, “He was under contract with us at the time, and that’s the nuance that changed in this whole thing.” McCain told the USFWS SAs that he had asked Thompson about catching a jaguar, Macho B, during the snaring project and Thompson’s response was that AZGFD had permits and “If he gets caught-He gets caught.”

On Feb. 3rd, McCain picked up three new photos of Macho B. He had last been photographed in August. According to the BJDP volunteer that was with McCain that day, McCain called Smith to let him know of Macho B’s presence near the snaring area and then they had a should we/shouldn’t we discussion about re-activating the AZGFD snares the next day (see post titled Should we/Shouldn’t we). In addition, McCain told Smith that they needed to “talk to Ron Thompson about what to do as well.” The conversation between McCain and Smith occurred sometime between 2-4pm. After Smith and McCain spoke, Smith contacted Ron Thompson to find out about AZGFD’s Section 6 incidental take permit for an inadvertent jaguar capture. Thompson went to Bill Van Pelt of AZGFD around 3:30ish to get the info Smith requested. According to Van Pelt: “Ron mentioned that there was sign (jaguar) all over down south… and he wanted to make sure we were covered for incidental take… As we were exiting my office, Ron mentioned the possibility of capturing an animal starting this weekend. I told him we were covered for any incidental capture and hopefully we had someone skilled with handling cats. Ron said the trapper was Thorry Smith. This was the first time I had heard of Thorry being a cat trapper and took Ron’s word the person was experienced at handling cats.”

When asked by the USFWS SAs if he had any knowledge about the pictures of Macho B picked up by McCain prior to his conversation with Van Pelt or any information about when the snares were going to be re-activated Thompson said he didn’t find out about Macho B’s latest pictures until that night, around 7:30 when McCain sent out his email notification to the agencies. Thompson also said he was unaware of when the snares were going to be re-activated and “if he had been told there were recent sightings of Macho B in the area, he would have recommended that the snares not be reopened. You’re asking for trouble.” But clearly, Thompson was aware of Macho B’s pics as he references them as “sign all over down south” and the possibility of Macho B being snared before he spoke to Van Pelt about the Section 6. He also knew when the snares were going to be re-activated because he told Van Pelt the trapper would be Smith. McCain would have been the trapper but he was leaving for vacation two days later, something Thompson was also aware of.

The next day McCain found an older set of Macho B’s tracks on the snare line and showed them to Smith and Crabb. And according to McCain, he later called Thompson and informed him about the possibility of snaring Macho B. Again, according to McCain, Thompson asked him if he was “comfortable with Smith’s ability to capture a jaguar” and McCain replied, “Smith was confident and competent.” Thompson replied, “Interesting that’s not what you told me before.” Thompson supposedly thought Smith was “a good handler, but not a good trapper.” But in the end, he supposedly agreed with McCain’s assessment of Smith.