Pirate Poachers of the Chesapeake: Kyle Porter says no one knows what it’s like for Outlaw Watermen

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Pirate Poachers of the Chesapeake

Kyle Porter says no one knows what it’s like for Outlaw Watermen

Kyle Porter sounds off about life of an outlaw waterman. Photo from Facebook

Kyle Porter sounds off about life of an outlaw waterman. Photo from Facebook

ROCK HALL, MD. — In response to several recent news stories of the Pirate Poachers of the Chesapeake as well as many comments from readers who are furious about the weak application of rules and penalties by Maryland prosecutors, one outlaw waterman who has been convicted of stealing from a sanctuary has sounded off.

Kyle Porter wrote this message to THE CHESAPEAKE TODAY:

“You people should feel ashamed of yourselves bashing the watermen; you guys have no idea what it’s like to get up and go to a real job. You people are mean and ignorant arrogant ***holes.”

Porter didn’t add anything else to his message to the public, but the public record shows he should know a thing or two about which he writes.

On Dec. 31, 2014, Porter, of 6025 Jamar Road in Rock Hall, Md., was charged by NRP Officer Brandon Garvey with poaching oysters in an oyster sanctuary on Dec. 29, 2014. When he appeared in Talbot County District Court, he arranged a plea bargain with Talbot County States Attorney Scott Patterson to pay a fine of only $427.50. The maximum fine for poaching in a sanctuary is $3,000.

Poacher PatrolIn spite of the taxpayers of Maryland investing millions of dollars in planting oyster shells to expand seeds and spats, Talbot States Attorney Patterson failed to exact one cent towards restitution for the taxpayers for the oysters stolen by Porter.

On Nov. 28, 2014, Porter was cited by NRP Officer R. Karge with poaching when he was caught with unculled and undersize oysters.  In a plea deal with Talbot County States Attorney Scott Patterson, perhaps the weakest prosecutor in Maryland when it comes to making plea deals with poachers, Porter entered a plea of guilty with ZERO fine and ZERO time and no restitution to the taxpayers for the stolen oysters. Patterson is the elected States Attorney of Talbot County and it is perfectly legal for him to decide what laws and which people he will prosecute or simply drop charges against as well as wheel and deal with fines and penalties. He has no boss but the voters.

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The Teflon status of Porter and the law clearly extends to drug laws as well. In Kent County District Court on Feb. 25, 2014, a criminal summons sworn to by Kent County Sheriff’s Sgt. Harry A. Kettner was issued charging Porter with five counts of possession of marijuana and other drugs and paraphernalia. On May 15, 2014, Kent County States Attorney Robert H. Strong Jr. dropped all of the charges for Porter, who was represented by a taxpayer-provided public defender, Holland C. Brownley.  With the taxpayers paying for his lawyer, Porter got off with dumped charges, no fine and no time. A fine of $150 imposed for underage alcohol possession charge that Porter entered a guilty plea was suspended. With no fine, nothing to pay for a lawyer and no jail time, the only person Porter had to pay was his drug dealer. His probation was unsupervised; thus, Porter didn’t have to worry about those pesky little drug tests with the probation officer.

In Virginia, the penalties for oyster poaching are going up and they are cracking down on Maryland poaching outlaws who have moved their operations from Maryland after losing the commercial waterman’s license in that state.

 Edward Bruce Lowery was just shut out in Virginia which stripped his commercial license and about the only way he’ll go near an oyster in either state is to get a job in a shucking house and thank the weak legislators who enact toothless laws that he isn’t making license places in the state prison.

Edward B Lowery Jr., of Tilghman, Maryland.  Lowery, a commercial licensee, was convicted in Accomack County General District Court on August 31, 2015 on seven charges; four counts of failure to report mandatory harvest reports and three counts of forging a public document. As a result, the Commission revoked all Mr. Lowery’s licenses to take or catch fish, shellfish, or marine organism for a period of two years from the date of the Commission meeting, January 26, 2016 through January 25, 2018. The Commission also voted to prohibit the issuance, reissuance, and renewal of any of Lowery’s licenses during this revocation period. Finally, the Commission voted to revoke Lowery’s fishing privileges, within the Commonwealth’s tidal waters, for a period of two years from the date of the Commission meeting, January 26, 2016 through January 25, 2018.

Virginia revoked the licenses of a dozen watermen this year to add to the revocations in 2015.

A new law that takes effect later this year, gives Virginia Marine Resources Commission (VMRC) the authority to revoke commercial and recreational fishing licenses for up to five years (the current maximum is two years), levy fines of up to $10,000 and place a lien on a poacher’s vessel or vehicle if the fine goes unpaid for six months.

TELL THE PROSECUTORS WHAT YOU THINK
ABOUT PIRATE POACHERS OF THE CHESAPEAKE

The following is contact information for email addresses for States Attorneys of the counties that surround the Chesapeake Bay and are often presented with citations and violations to prosecute for Maryland’s Outlaw watermen. They are all elected officials and have complete and total control as to whether or not to prosecute Pirate Poachers of the Chesapeake or to dump the charges.  Be sure to contact any of these officials with your views on the matter.

 

SCOTT D. SHELLENBERGER, Baltimore County State’s Attorney (Democrat)

Email: statesattorney@baltimorecountymd.gov

State’s Attorney, Baltimore County, since January 2, 2007.

Prosecutor, Office of State’s Attorney, Baltimore County, 1982-93 (former chief, child abuse/sexual assault division).

EDWARD DORSEY ELLIS ROLLINS III, Cecil State’s Attorney (Republican)

e-mail: cflaugher@ccgov.org

State’s Attorney, Cecil County, since January 3, 2011.

MATTHEW A. MACIARELLO, Wicomico County State’s Attorney (Republican),
e-mail: mmaciarello@wicomicocounty.org

State’s Attorney, Wicomico County, since January 3, 2011. Deputy State’s Attorney, Wicomico County, November 8, 2010, to January 3, 2011.

Scott Patterson Talbot County States Attorney

Scott Patterson Talbot County States Attorney

Scott Patterson Talbot County States Attorney (Democrat): State’s Attorney, Talbot County, 1983-86, and since 1989. Assistant State’s Attorney, Montgomery County, 1972-75. Special Assistant to Attorney General, 1975. Assistant State’s Attorney, Anne Arundel County.

LANCE G. RICHARDSON, Queen Anne’s County State’s Attorney (Republican)

e-mail: lrichardson@qac.org

State’s Attorney, Queen Anne’s County, since January 5, 2009. Assistant Public Defender, Queen Anne’s County, 1996-2003. Deputy State’s Attorney, Queen Anne’s County

HARRIS P. MURPHY, Kent County State’s Attorney (Republican)

e-mail: hmurphy@kentgov.org, State’s Attorney, Kent County, since January 5, 2015.

Daniel Powell Somerset County States Attorney (Republican)

e-mail: dpowell@co.somerset.md.us

State’s Attorney, Somerset County, since January 3, 2011.  Former Assistant State’s Attorney, Baltimore County. Former Assistant State’s Attorney, Dorchester County. Former Assistant State’s Attorney, Somerset County. County Administrator, Somerset County, 2007-09.

JONATHAN G. NEWELL, Caroline County State’s Attorney (Republican)

e-mail: jnewell@carolinesao.org

State’s Attorney, Caroline County, since 2003.

Assistant Public Defender, Caroline County, 1999-2001. Deputy State’s Attorney, Kent County

BEAU H. OGLESBY, Worcester County State’s Attorney (Republican)

e-mail: boglesby@co.worcester.md.us

State’s Attorney, Worcester County, since January 3, 2011.

Assistant State’s Attorney, Wicomico County, 1997-2007. Deputy State’s Attorney, Caroline County, 2009-10.

WILLIAM H. JONES Dorchester County States Attorney, (Democrat)

e-mail: wjones@docogonet.com

State’s Attorney, Dorchester County, since June 19, 2009. Assistant State’s Attorney, 2002-04. Senior Assistant State’s Attorney, 2004-07. Interim State’s Attorney, April 11, 2007, to June 19, 2009.

WES ADAMS, Anne Arundel County State’s Attorney (Republican)

e-mail: aacsao@aacounty.org

State’s Attorney, Anne Arundel County, since January 5, 2015.  Assistant State’s Attorney, Prince George’s County, 1998-2000. Assistant State’s Attorney, Baltimore City, 2000-08. Chief, Homicide Division, State’s Attorney’s Office, Prince George’s County, 2008-15 (assistant chief, 2008). Special Assistant U.S. Attorney, 2006-07.

ANTHONY B. (TONY) COVINGTON, Charles County State’s Attorney (Democrat)

e-mail: covingtt@charlescounty.org

State’s Attorney, Charles County, since January 3, 2011. Deputy State’s Attorney, Charles County, 2008-.  Assistant State’s Attorney, Prince George’s County, 1991-93. Assistant State’s Attorney, Charles County, 1993-97.

LAURA L. MARTIN, Calvert County State’s Attorney (Republican)

e-mail: martinll@co.cal.md.us

State’s Attorney, Calvert County, since January 2007.  Assistant State’s Attorney, Prince George’s County, 1989-98 (assistant chief, homicide division, 1994-98). Deputy State’s Attorney, Calvert County, September 1998 to December 2005.

RICHARD D. FRITZ, St. Mary’s County State’s Attorney (Republican)

e-mail: richard.fritz@co.saint-marys.md.us

State’s Attorney, St. Mary’s County, since December 1998. Former Assistant State’s Attorney and Deputy State’s Attorney, St. Mary’s County.

JOSEPH I. CASSILLY, Harford County State’s Attorney (Republican)

e-mail: statty@harfordcountymd.gov

State’s Attorney, Harford County, since January 1983. Assistant State’s Attorney, Harford County, 1977-82

 

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