From Deseret News archives:

Snake litigation earns a hiss

State is retaliating for a botched raid, Utahn says

Published: Monday, May 7, 2007 12:07 a.m. MDT
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Eight months after the raid, Hoyer filed a civil suit against the state, alleging the DWR acted illegally, violating his due process by relying on rules that are unconstitutionally vague. He also contends the snakes were seized illegally. The suit is pending.

The following year, prosecutors brought misdemeanor charges against him and two other men — one of whom is suing the state with Hoyer.

James Dixon initially faced six counts but entered a plea in abeyance to two misdemeanors, which were later dismissed. Dixon runs Reptile Rescue Service, and the same division that ran him up on charges often turns to him for help. He says when he was busted, he had a permit pending with the state for the reptiles that were illegally in his possession.

The other man also entered into a plea in abeyance on misdemeanor charges, which were later dismissed.

Neither Hoyer nor Dixon understand all the reasons they were on the receiving end of the state's attention in Operation Slither — or why, in Hoyer's criminal case, the prosecution was carried out the way it was.

Hoyer believes it was to justify a botched raid — law enforcement activity was carried out in retaliation because they took exception to the division's rules back in 2001.

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Their objections were voiced publicly and loudly at a meeting of the Legislature's Administrative Rules Review Committee, where Hoyer says some lawmakers blasted the agency for being overbearing.

"They got a real tongue lashing from the committee, and it was immediately after that that their (the DWR) investigation was started. That is why we believe it was retaliatory in nature."

Dixon, for his part, didn't want to concede guilt but says he didn't have the time or money to fight.

"Even if you are innocent, at some point you have to bite the bullet and take it," he said.

He continues to work with the division to this day, taking in reptiles from the agency that need to be rescued.

Hoyer believes he's angered the division even more with his lawsuit, and because he refused to plead guilty, the state pursued him to the point of a trial on an infraction, earning him financial penalties higher than those of his friends. He said he has spent $10,000 in defense of being convicted of something that, legally, is akin to a parking ticket.

"They need to justify their actions and the exorbitant money they spent on an undercover investigation, which turned out to be totally off the mark and without basis. If they'd come in, taken all my snakes, killed them and then not found me guilty of something, they would have looked foolish."

DWR's Capt. John Pratt said not so.

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Image

Ryan Hoyer of Clearfield relocates a snake in his meticulously organized room where he conducts herpetology research.

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