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Claude Lafayette Dallas, Jr. (born March
11, 1950) was a self-styled mountain man. The son of a dairy
farmer, he grew up in rural Morrow County, Ohio where he liked to
trap and hunt game. Dallas graduated from Mount Gilead High School,
Mount Gilead, Ohio in 1967. During the Vietnam War, he dodged the
draft and fled west, earning a living as a ranch hand and trapper.
Dallas was eventually charged with killing two game wardens in
rural Owyhee County, Idaho, in 1981. In 1986 Dallas escaped from
prison and eluded law enforcement officials for a year before
being captured.
Dallas attracted national media attention after
both incidents, becoming a particularly controversial figure in
Idaho. Some Idahoans saw him as a folk hero, defying the
government by defending his right to live off the land; many
others, however, were shocked and disgusted. After a manslaughter
conviction, Dallas served 22 years of a 30-year sentence and was
released in February 2005.
The incident
Two officers, Conley Elms and Bill Pogue of the Idaho Department
of Fish and Game, approached Dallas regarding the numerous obvious
poaching infringements in his camp in southern Idaho. During his
murder trial, Dallas testified that while Elms was inside a tent
containing poached bobcats, Pogue drew his weapon, although there
was no evidence to support this claim. Dallas reacted by shooting
Pogue with his own handgun, which he habitually wore concealed.
When Elms exited the tent, Dallas shot him too. Conley Elms was
not armed at any point during the encounter.
After the initial gunfire, Dallas used his .22
caliber lever action rifle to shoot both officers execution style,
once each in the head. He then threw Elms' body in a nearby river
and, with the reluctant assistance of a friend, Jim Stevens,
transported Pogue's body to a distant location, where he hid it in
a coyote's den. Stevens, who happened to be visiting the trapper's
camp that day, did not witness the first shots, although they
occurred only 15 feet from where he stood, facing the river;
however, he did see Dallas shoot Elms and Pogue in the head as
they lay on the ground. The handgun was recovered by a local Idaho
man using a metal detector in December, 2008
Dallas fled the scene of the killings and was
only found after an 11-month manhunt.
The trial
Dallas was charged with
two counts of first degree murder, but the trial quickly shifted
focus to the alleged aggressiveness of one of the victims, Officer
Pogue. The issue did sway the jury to convict Dallas of lesser
charges of involuntary manslaughter and of using a firearm in the
commission of a crime. At least one juror cited concern that
Dallas was acting in self-defense when he shot Pogue.
Many were dismayed at the verdict, especially
in light of the execution-style shots to both officer's heads. The
judge apparently shared these sentiments: he sentenced Dallas to
30 years, the maximum for this offense.
Prison and
afterwards
Dallas escaped from the
Idaho State Penitentiary in 1986 and was on the run for almost a
year. His escape enlarged the legend that he was a nomadic trapper
whose lifestyle conflicted with the government. Dallas was
captured outside a 7-11 store in Riverside, California, in March
1987. He was then placed in a higher security state prison in
Kansas.
Dallas served 22 years in prison, his sentence
being reduced by eight years for good behavior. He was released in
February 2005.
Wikipedia.org
Convicted Killer Claude Dallas Goes Free
By Patrick Orr
Okgamewarden.com
February 7, 2005
24 years after
deaths of two F&G officers, the West that Dallas knew has changed,
but he remains a polarizing character.
Claude Dallas will walk out of prison Sunday
into a different world. The infamous trapper/poacher who killed
two Idaho Fish and Game officers in 1981 will find the American
West is not such a hospitable place for a man who wants to live
off the land. Open spaces are less open. Buckarooing and ranch
jobs are scarce. Trapping isn't as lucrative.
He'll likely have to find a different life, and
he'll have different rights - prohibited from carrying the weapons
that were essential tools of his trade.
Dallas is now 54, a middle-aged man who has
spent 22 years in a concrete and steel cell for killing officers
Bill Pogue and Conley Elms after they confronted him for poaching
game in the remote Owyhee canyonlands.
He'll be released in prison denims, carrying a
check with his earnings from working in a prison print shop. The
state is keeping the exact time and location of his release secret,
but prison officials say he has arranged for someone to pick him
up.
So What's Next?
The only person who really knows isn't talking.
Dallas has never granted a jailhouse interview and politely
declined - in a handwritten note - to talk to The Idaho Statesman
about his release.
Friends of Dallas around the Paradise Valley/Paradise
Hill area - a remote northern Nevada ranching community and the
closest thing he had to a home base - are tightlipped. Most won't
return phone calls or hang up when reporters call. Those who will
talk say they have no idea what Dallas will do with his life.
"We are all interested in what he is going to
do, but I haven't heard a thing about it," said Liz Chabot, a
longtime Paradise Valley justice of the peace. "There are mixed
emotions. There are some people here who love him, and probably
some who hold a grudge."
Hero Or Psychopath: A Fierce Division
Mention the name Claude Dallas, and opinions
come fast and furious. To many, Dallas is an unrepentant poacher
and killer who couldn't live by society's rules. He is especially
reviled by game wardens and the families of Pogue and Elms, who
have declined to comment publicly since Dallas' parole hearing in
2001 but earlier called him a "snake," "a murdering bastard" and a
"psychopath" who should never again be allowed to breathe free air.
To others, he was a hero who defended himself
and a fading way of life when he shot Elms and Pogue. Fish and
Game officials admit they're not happy about Dallas being released,
but said they don't care to speculate about his fate.
"We look at it like this. We are taking this
opportunity to remember Pogue and Elms," said Jon Heggen, chief of
enforcement for Idaho Fish and Game. "Dallas has no legacy The
legacy rests with the families of Pogue and Elms, and the legacy
rests with all Fish and Game employees, and the legacy rests with
the critters Pogue and Elms protected. That is the real story here."
But while some attitudes may have not changed
in the past 24 years, modern living has.
Former Owyhee County Sheriff Tim Nettleton, who gained fame as the
lawman who led the massive, 15-month manhunt for Dallas, thinks
Dallas will have to change his buckaroo ways.
"He'll probably go back to Paradise Valley,
where his friends are," Nettleton said. "That'll last about three
weeks, and then he'll realize he can't live that way anymore. That
was 25 years ago. The times have changed."
Bill Mauk, the Boise attorney who represented
Dallas during his murder trial, thinks Dallas will leave Idaho for
good after his release."Those who are most impassioned by this
case tend to be in Idaho," Mauk said. "For the most part, his
network connections were not in Idaho - they were in Nevada. I
don't see any reason why he would stay here."
His Foremost Desire Is To Do Whatever He
Does Quietly'
Mauk, who has recently exchanged letters with
Dallas, said his former client is excited to be getting out of
prison but didn't disclose his plans. Dallas' mother is still
alive "back east," and he has a brother he might try to meet with,
Mauk said."His foremost desire is to do whatever he does quietly,
and not be the subject of public attention," he said. "He's like
anyone coming out of prison for a long time - the most immediate
thing he will be confronted with are basic issues like food,
housing, transportation, clothing, a stable income."
Mauk said it would be difficult for Dallas to
go back to his "mountain man" lifestyle, citing his age and health
after two decades of relative inactivity in prison."It would be
very difficult for anyone to live the lifestyle Claude lived in
this age," he said. "Maybe in some of the more rural parts of
Montana, Idaho, or Alaska..." Complicating matters will be his
notoriety, which Dallas never wanted in the first place, Mauk said.
Dallas had devoted friends who supported and
helped him while he evaded the law for 15 months after the
killings. His story sparked a TV movie, a song and at least two
books. The cult of personality grew during his 1982 murder trial,
where national media shared the courtroom with a group of women
who dubbed themselves the "Dallas Cheerleaders.""What has happened
over the course of time is Claude Dallas has been unable to be the
spokesperson for himself, so others have redefined what the case
is all about," Mauk said. "I think Claude Dallas has the ability
to build a life somewhere else, where people don't know who he is."
Old friend Jim Stevens, who runs a greenhouse
in Paul, was visiting Dallas' camp the day Pogue and Elms dropped
in. He was the only witness to their. deaths. Stevens said all he
knows is that Dallas will enjoy his freedom and may try to
reconnect with family."I hope he has a good life ... I wish him
all the luck in the world," said Stevens, who has exchanged
birthday cards with Dallas for years and would welcome a visit. "I
assume he'll go back to California (where he was arrested in 1987
after escaping from prison) or something."
Old Ways Of Earning Cash Now Harder To Come
By
For several years before the shootings Dallas
often lived by himself in the northern Nevada wilderness, trapping
and shooting animals for subsistence and income, without regard
for game regulations.
Hanceford Clayton of Idaho Falls, vice
president of the Idaho Trappers Association said Dallas would have
a hard time making a living the way he used to, because the high
price of gas and low prices for fur make it difficult to get by.
"Very few people make their living at trapping
now it's like hunting. It's a hobby," Clayton said. "I just about
break even on gas and the traps people steal."
But Diane Clark of Leadore, an Idaho
representative to the National Trappers Association, said she
believes Dallas could sustain himself by trapping, especially if
he targets the bobcats near the Idaho/Nevada border. She and her
husband, who are retired, make about $10,000 to $12,000 a year on
trapping.
"For someone who didn't have lot of financial
responsibilities, like Dallas, it would be possible to make a
living at it," she said. Dallas spent some time in the 1970s as a
cowboy/ranch hand, but opportunities in that field have dwindled,
too.
"Right now, there isn't many jobs for cowboys,"
said Tom Hall, a longtime rancher from Bruneau. "When spring
breaks there's a crew, but the jobs are all pretty well taken up.
"Things are done more mechanically now. You
gotta be a truck driver. Straight-up cowboys just don't work much
any more."
In the '70s, Dallas did a lot of odd jobs to
make ends meet, including driving trucks and other ranch work.
When he wasn't in the wilderness, he mostly lived in Paradise
Hill, a small group of homes and trailers about 20 miles from
Paradise Valley, Nee.
He has worked in a variety of prison jobs, most
recently in the print shop of a Kansas prison. He worked on the
loading dock and later helped operate the printing press,
according to Kansas Department of Corrections reports.
Dallas spent most of his Idaho prison term in
Nebraska, New Mexico and most recently Kansas after he escaped
from the prison outside Boise in 1986. Last month, he was
transferred to Orofino in preparation for his release.
Two Juries Believed He Feared For His Life
Dallas was sentenced to 30 years in prison in
1983 after a Canyon County jury rejected first-degree murder
charges, instead finding him guilty of two counts of voluntary
manslaughter and a gun charge. Jurors later said they believed
Dallas' claim that he feared for his life that day at Bull Camp.
His sentence was automatically reduced by a
nowdefunct Idaho Department of Correction provision called "good
time" that allowed prisoners to get out early. He lost a year of "good
time" for escaping from prison, but got no additional penalty
because a jury in his escape trial believed his claim that his
life was in danger from vengeful prison guards.
Donna Diehl, a juror in his murder trial, said
she thinks it's time for Dallas to be freed.
"A lot of people get out of prison who shouldn't, like sex
offenders," Diehl said. "I think (Dallas) will be changed by
prison, that he will be on the right track.
"He has so many friends in Nevada, and in the
wilderness," she said. About to become a free man, Dallas must
shape a new life, Mauk said, noting that the man's fans and
enemies see him based on their wants, not his. "To an extent, it's
a mystery," he said. "Maybe he doesn't know who he is now - human
beings cannot define themselves in isolation.
"The Claude Dallas of today is yet to be
defined. That can only be defined over the course of time."
Memories of Tragedy and Trial
By: M. Shaw - FWOA Associate
FWOA.org
District Conservation Officer
Gary Loveland of the Idaho Fish and Game Department termed the
Dallas trial "a media circus" and after twenty years the media
continues to portray Dallas as a folk hero and legend. Those who
perceived Dallas as a hero failed to examine his behavior during
his cowboy and mountain man/trapper days.
The behaviors Claude Dallas
exhibited in those "close to the land" days lead to the murders of
Officers Pogue and Elms. Jack Olsen, for his book "Give a Boy a
Gun" interviewed cowboys and others Dallas had known for years
before the murders. His cowboy "hero" days were fraught with
cruelty to animals and poaching activities. All those Olsen
interviewed had stories about Dallas' poaching.... always poaching.
Not the stuff cowboy heroes are made of.
According to Olsen's informants
Dallas was noted for having sledge hammered a stallion; punched
cows in the nose when he lost his temper; knocked out a Labrador
retriever; and had to be physically pulled off a cow he was
beating with a 2 x 4 before he killed it. Olsen found that
trappers were afraid of Dallas, that he enjoyed killing, was known
for removing traps of other trappers and illegally baited traps
that killed everything indiscriminately, including eagles. After
taking wildlife Dallas would discard it, waste it. Dallas,
according to Olsen, was infamous amongst trappers in numerous
states for illegally poaching bobcats, cougars, sheep, mustangs
and deer.
Movie scripts and an adoring
ballad by Ian Tyson to pen contend, "Dallas lived by the laws of
nature; not the laws of man" never noting that conservation laws
are written to aid the laws of nature in preserving wildlife and
its habitat against the excesses of man and blatant human greed.
Dallas was known to trap out a whole area and move on. His killing
was that of an indiscriminant predator, observing no law of nature
or of man.
In the winter of 1980 Dallas had
set up his trapping camp in Bull Basin, Idaho, three miles from
the Nevada border using a "home" address in nearby Paradise Hill,
Nevada. The Bureau of Land Management had leased Bull Basin to the
Carlin's 45 Ranch as wintering ground for their cattle. To set up
his winter trapping camp, "Dallas had moved the 45 ranch cattle
out of their leased ground and shut the gates thus denying the
45's cattle access to water.
You don't do that in Idaho,"
stated Tim Nettleton, now retired from the Owyhee County Sheriff's
Department. "Dallas thought the laws didn't apply to him and he
always blamed someone else when things went wrong. His father
raised him in Ohio and taught him to shoot geese for sale. He kept
doing that long after market hunting was illegal."
According to Nettleton, "Ten
days before the murders, Eddy Carlin checked Dallas out. He noted
two illegal bobcat hides in Dallas' camp as well as poached deer.
Carlin mentioned to Dallas that Idaho Fish and Game would check
the area out. While ranchers might have a blind eye for one deer
for food hunted out of season they do not have a blind eye to a
lot of killing. Dallas had retorted, "I'll be ready for them."*
Eddy Carlin's meeting with
Dallas had made him uneasy. According to Jerry Thiessen, retired
State Game Manager, "Dallas had advised Carlin that he settles his
business with a gun. Dallas was polite but his intimidating
tactics to scared the heck out of anybody."
Don and Eddy Carlin of the 45
ranch had also noted other trappers illegally poaching sage grouse
on the 45's leased land. They rode to a nearby Indian reservation
to use the telephone and phoned CO Bill Pogue at home. They
registered a complaint about the sage grouse poachers, but not
Claude Dallas.
COs Bill Pogue and Conley Elms
responded to the public complaint. They left their homes at night
to drive to the Owyhee Mountains. According to Jerry Thiessen, "
they had a few hours sleep in the Fish and Game truck and showed
up at the 45 early in the morning" of January 5.
When they were about to leave
Carlin's ranch, Eddy Carlin's wife mentioned about the guy at Bull
Camp. At that point Eddy could not avoid it and advised the
officers about Dallas. Carlin warned them to be careful and that
he didn't trust Dallas.
They looked after the sage
grouse poachers first and met Claude Dallas by the rim above the
camp in the afternoon. They had had a lot of distance to cover in
the remote area." "In my opinion," stated Tim Nettleton, when
Dallas met Pogue on the rim he made the decision to shoot him."
Judge Edward Lodge arrived at the same conclusion in his judgment
of Dallas.
Witness, Jim Stevens, testified
Claude Dallas had said, "I could have taken them on the rim but
they would have killed me up there."* The judge spoke of Dallas' "premeditation"*
and "thinking about the situation"* and time to think about what
he would do as they had descended to Bull Basin Camp from the rim.
Dallas had attempted to convince
the jury at his trial that the officers were a threat to him from
the rim. He had testified CO Pogue advised him they were there to
investigate a complaint about illegal bobcats. Dallas confessed to
having deer meat, but not bobcats. Dallas testified that CO Pogue
had gone to the Fish and Game truck and retrieved handcuffs and a
backpack for the descent to the camp. Dallas made a specific point
about handcuffs being taken out of the truck at the rim, implying
CO Bill Pogue was threatening him and was expressing an attitude
which implied he intended to do Dallas harm.*
Dallas also testified that at
the rim when CO Elms reached inside his Fish and Game coat, Dallas
saw Elms' shoulder holster, implying that CO Conley Elms was
threatening him too.* "I think," said Tim Nettleton, "that Conley
Elms had a sweater over his shoulder holster. His shoulder holster
would have been completely concealed."
Pictures of CO Elms revealed
that in the winter he wore sweaters over his shoulder holster,
under his large Fish and Game coat and law enforcement verified
that Elms did not use his gun and kept it covered up. Elms, "a big,
kind guy", was known for his negotiating skills with violators
rather than his gun. To suggest that he had threatened anyone was
completely out character.
At his trial, Dallas testified
that CO Pogue requested to see his .22 trap pistol but never
requested the gun Dallas claimed "bulged"* under his coat and
would have been "clearly visible"* to CO Pogue. "His intent",
mentioned Jerry Thiessen," was to imply CO Pogue was wanting a gun
fight with him."
This suggestion by Dallas was
completely out of Pogue's character as well. CO Pogue was a
veteran law enforcement officer. He had been a police officer and
the Police Chief of Winnemucca before becoming a Fish and Game
officer. The likelihood of a veteran law enforcement officer
disregarding officer safety precautions for both himself and his
partner by ignoring a "clearly visible" weapon is not likely.
Picking gun fights is not what
conservation officers are about. Their purpose as law enforcement
officials is to encourage conservation of wildlife, protect
wildlife and to have offenders in violation of wildlife laws
address their offences. It was apparent to Judge Lodge, in his
judgment, that CO Pogue believed Claude Dallas had been disarmed.*
"I believe that there were three
guns on Dallas," stated Tim Nettleton. "Pogue checked and unloaded
the one on Dallas' hip holster and the one in his shoulder. Dallas
reholstered those weapons when he checked the mules after the
murders. You better believe we checked out the mule area. The
third revolver was hidden in the small of his back."
The two Idaho Fish and Game
officers had caught Claude Dallas red-handed in possession of two
illegally trapped bobcats and by his own confession, at trial, "three
hundred pounds"* of deer meat from deer illegally hunted out of
season.
In recreating the crime Tim
Nettleton noted, "Conley Elms had entered Dallas' tent to get the
bobcat hides. He had the hides in his hands and was coming out of
the tent. We figure Pogue looked at the hides that Elms held,
giving Dallas a chance to draw the weapon from the small of his
back and start shooting at Pogue.
In the time frame of four to six
seconds Claude Dallas put two bullets in Pogue and two in Elms
with a .357 Ruger Service Six. Elms, not having time to get his
weapon, had dropped the hides and ducked when Dallas shot him."
When both officers were down and helpless, Claude Dallas walked
into his tent, picked up a .22 Marlin, returned and shot both
officers in the head behind the ear execution style. This is also
the method a trapper uses to kill their quarry.
There was only one witness to
Dallas' murderous rampage, Jim Stevens, a man who had brought the
mountain man supplies and mail from Nevada. Stevens provided the
best evidence of Dallas' guilt of the crime of murder in the first
degree. He had asked Claude Dallas why he had killed the officers.
Dallas had replied, "I swore I'd never be arrested again. They
were gonna handcuff me."* He had also stated to Stevens, "This is
murder one for me." Dallas said in further acknowledging he knew
what he was guilty of .........murder.
However, these quotes by Stevens
appeared to get lost on the jury in his subsequent testimony. It
was not lost on Judge Lodge in his sentencing.
Following the murders Dallas
fled to avoid prosecution. Nevada bar owner, George Nielson
provided him with money and supplies. The media and songwriters
had a field day glorifying his cowboy background, his "independent
trapper, mountain man" image. It portrayed Dallas as living off
the land in the mountains and avoiding law enforcement by sheer
guile.
When speaking of Dallas' escape
after the Pogue/Elms murders, Tim Nettleton says, "My personal
opinion was that Claude Dallas was helped by his family all along.
During his escape he went from here to South Dakota, Texas and
with his brothers to California." Sheriff Nettleton brought Claude
Dallas back to Idaho after his shoot-out with the FBI and capture
in Nevada on April 18, 1982.
The legal and media circus began
anew. Dallas's lawyers had him moved from Owyhee County Jail to
Caldwell, Idaho. They had claimed Dallas would not get a "fair
trial" in Owyhee County.
The trial finally began
September 15, 1982. Claude Dallas pleaded not guilty to two counts
of murder in the first degree. The prosecution claimed Claude
Dallas was guilty of murders in the first degree due to the fact
that Conley Elms was shot in the back and both officers had been
shot in the head, execution style, when they were already down and
helpless. His method of killing obviously did not indicate that
self-defense was a motive for the crimes.
In order to obtain some of
Claude Dallas' background and an idea of the evidence the
prosecution had had against him for his trial, I asked Tim
Nettleton if Claude Dallas had been involved in the illegal
wildlife trade with George Nielson in Nevada. Nettleton laughed
and said, "that wouldn't surprise me. He was shooting antelope for
illegal Mexicans." Dallas had also poached wildlife in Canada.
Evidence of this was collected under search warrant at his home in
Paradise Hill, Nevada.
Nettleton says, " Claude and one
of his brothers and Jim Nielson had been in Canada and floated the
Yukon River. Dallas got out a mile and a half from the border
crossing and brought his backpack and weapons (contraband in
Canada) around the checkpoint while his brother and Nielsen
cleared Customs. Dallas had pictures of heads and horns of sheep
he had killed and brought back."
He returned to the United States
with his poached sheep, avoiding U.S. Customs the same way. Claude
Dallas was not unknown in Canada. At one time during his escape he
was rumored to be heading to Alberta. His wanted posters were all
over Canadian law enforcement offices. Conservation Officer Daniel
Boyco of Alberta remembered a time when, "there wasn't a
conservation officer in the province who hadn't burned his face to
memory."
"I even had a statement from a
rancher," said Tim Nettleton, "that Dallas had tangled with a game
warden who cited him for tag trap violations. Dallas paid the
fine. Then, Dallas told the rancher, that if the warden (CO Dale
Elliot of Nevada) "wasn't your friend, he'd be a dead man now."
At the trial, according to
Officer Loveland, "The prosecuting attorney was new. He'd never
prosecuted a murder trial before." Rules of Criminal Procedure
prevented the presentation of evidence of Dallas' past. The jury
was not permitted to know about Dallas' previous criminal record,
history of poaching, sharpshooting and quick-draw practices on
targets representing humans, his anti-government sentiments, nor
the many pictures of poached animals in his possession. The jury
was not permitted to know anything about the dark side of Dallas
until after they pronounced their verdict.
Then the prosecution could enter
it into the court record before the judge delivered his sentence.
Therefore, none of the evidence collected under search warrant
from Dallas' residence, previous threats to wardens, game
citations, previous run-ins with conservation officers, or his
reading material, which was noted by CO Gary Loveland as being "Soldier
of Fortune and articles about How to Shoot Someone" could be shown
to the jury.
According to Gary Loveland, "the
defense even claimed Claude Dallas did not have a record." His
lawyers even lied to the court. But under the rules of evidence
the prosecution still could not introduce his record. It was made
to sound as though the murders were Dallas' first offenses.
In spite of his stated motive to
avoid arrest Dallas' claimed that CO Bill Pogue had shot first.
The key witness, Jim Stevens, had been terrorized by Dallas after
the murders and had feared for his own life. Dallas had made him
an unwilling accomplice to removing the officer's bodies from the
crime scene, and Dallas had attempted to remove evidence by
burning the crime scene at the camp.
During his testimony Claude
Dallas had repeated several times that CO Bill Pogue had said to
him, "You can go easy or you can go hard. Makes no difference to
me." * Dallas asked the court to believe his interpretation of "going
hard" was that CO Pogue intended to kill him! That line Dallas
attributed to Bill Pogue was not one law enforcement officers who
worked with CO Pogue had heard him use before, according to Gary
Loveland. Its universal interpretation by officers is that Dallas
could confess to his crimes - the easy way - or they could go
through the process of interrogation, arrest and trial - the hard
way.
Claude Dallas took the hard way.
He did not want the conservation officers entering his trapping
tent. It was his home, he claimed. As we have already seen, it was
the location of the illegal bobcat hides. He demanded to see a
search warrant for a tent he'd placed on the leased land. It was
obvious Dallas did not co-operate with the conservation officers.
The facts are incontrovertible. He was in violation of wildlife
laws no matter how he explained his possession of the bobcat hides,
taken illegally in Idaho or transported illegally from Nevada.
"He had to go to town, " stated
Jerry Thiessen, "He was a non-resident caught inside the state
boundary at a time before states had agreements as they do today."
"Dallas was in violation of Idaho Game laws and he'd have to go to
town to address it, " stated Gary Loveland. "Dallas was resisting
going to town. All law enforcement uses phrases to attempt to
convince an offender to try to settle down."
Another interpretation of the "You
can go easy" is that the choice of how Dallas was to go to town to
settle it was up to him. He could go peacefully with the officers
or he could be arrested, handcuffed and taken by the officers.
Claude Dallas' testimony lost
all credibility when he said he did not know where he'd buried the
officer's guns. If true Dallas had destroyed evidence that could
have corroborated his story by providing proof that Pogue had
fired his weapon. Given his keen memory of other places and events
his forgetting the burial place of such important evidence is
highly suspicious.
"The trial turned into a media
circus," stated Gary Loveland. Dallas' friends came forward to
testify to his character. "With the media there the judge wanted
to make very sure Dallas got a "fair" trial. The court allowed
Bill Pogue's character to be put on trial. The judge was liberal
in letting the defense introduce witnesses to supposed events that
didn't happen. Although Pogue dealt with people fairly and
politely anyone with an axe to grind with him showed up to testify.
The incidents testified to never
happened. They just filled the court with misinformation. One
witness even testified to a run in with Bill Pogue and I was the
officer that person had spoken to not Pogue. Bill Pogue was an
excellent officer, a very professional officer who remained so
when confronting people who were in violation."
Contributing to the outside
influences on the jury's decision had been Claude Dallas himself.
He had arrived in court as a celebrity of sorts, a folk hero
manufactured by the media. The Dallas fan club, according to Jerry
Thiessen, had been at his trial. The fan club consisted of women
who did not know Claude Dallas personally but were called the
"Dallas Cheerleaders." Thiessen says of Dallas,
"The guy had charisma - the way
he carried himself - one could almost disbelieve anything others
said against him. Dallas had a psychological effect. He flirted
with the jury. He flirted with his fan club. Dallas had an aura
about him. He was a damned fine actor who had an excellent
attorney who knew how to tilt perspective enough to bring out the
heart throb reaction." He continued, "
The circumstances of the whole
trial were different and cruel in that setting especially when
Bill was put on trial as a bully game warden. It was all
fabricated. He was always polite and to the point. He was a well-respected
conservation officer and a leader. He was dedicated and never
watched the clock when it came to wildlife he cared about. He
drove all night when he heard about the sage grouse being poached.
He was an ornithologist and drew pictures of birds. He had a kind
heart and a real soft spot for children. He just wasn't prepared
for.................He spent his life doing things that were
important to do."
Unfortunately, CO Bill Pogue and
CO Conley Elms had attempted to enforce wildlife law on a man who
had no concept of conservation and appeared to think all wildlife
was there for his killing. It was CO Gary Loveland's opinion that
Claude Dallas was convicted on two counts of manslaughter and not
murder one because, "The jury didn't do their job." This appeared
to be verified by Judge Lodge.
Retired State Game Manager Jerry
Thiessen concluded that the cost of two separate trials for Claude
Dallas, one for each murder, had prevented the charges of murder
one from being heard separately by the court. Economics had taken
a toll on justice. "The way they brought the charges to court had
the charges of both murders linked. In my view, there is no way
that, if they'd heard two separate trials of murder one, that
Conley Elms' murder would have been determined to be manslaughter.
His arms were full of illegal bobcat hides. He was fired on. He
was not threatening.
By virtue of hearing both
charges together, both charges were reduced to manslaughter
verdicts." Claude Dallas was sentenced to 30 years in the Idaho
State Penitentiary. His parole is subject to the discretion of the
Idaho Parole Board after he served ten years minimum for the
killing of each officer. An appeal to the Supreme Court of Idaho
affirmed the lower court's ruling.
When Claude Dallas escaped Idaho
State Penitentiary, he again claimed law enforcement was trying to
kill him, and was sent to a Kansas Corrections facility. On April
26, 2001, Claude Lafayette Dallas Jr. will have a parole hearing
before the Idaho State Parole Commission. Tim Nettleton reminded
me, "Parole is a priviledge based on good behavior. One has to
earn the right." According to Tom Woodward's article in the Idaho
Statesman, March 18, Dallas has committed, "18 disciplinary
violations since 1997."
Remorse is also a condition of
early release. Claude Dallas has never shown remorse for the
killings of two Idaho Fish and Game officers. Public opinion runs
high that Claude Dallas should not be released and that he has not
served enough time on his thirty-year sentence.
As Jerry Thiessen says, "There
really is no restitution for murders which makes it damned sad and
a damned shame. You can't fix the injustice of murder or the
mistreatment of the good names of two officers who lost their
lives, who were upstanding citizens with love of family and
appreciation for values and ethics which can be endorsed by all of
us."
When defendants have rights over
and above the rights of victims and their families there is no
equality under the law.
In tribute to CO Bill Pogue and
CO Conley Elms who were killed in the line of duty, January 5,
1981.
How did notorious Idaho outlaw, Claude
Dallas, escape?
Prison officials have always said killer Claude
Dallas cut through two fences on Easter Sunday 1986. But
investigators suspect a cover-up.
By Dan Popkey - IdahoStatesman.com
March 23, 2008
It is an Idaho legend: Infamous outlaw Claude
Dallas escaped from prison on Easter Sunday 1986, cutting two
fences and vanishing into the desert.
Dallas fled into the same sagebrush landscape
where he had disappeared in 1981 after killing two Idaho Fish &
Game officers. Fifteen months passed before the FBI captured
Dallas the first time.
After his prison break, Dallas gave authorities
the slip for almost a year, fanning his reputation as a canny Old
West folk hero. His crimes and elusiveness spawned two books, a TV
movie and courthouse groupies who called themselves the Dallas
Cheerleaders.
But the legend of his escape — three years into
a 22-year term in prison — may be a myth.
Law enforcement investigators now say the
official account is probably false. Their skepticism is rooted in
contradictory physical evidence, conflicting official accounts of
what happened that Easter night and the disappearance of an
independent review of the escape.
Rumors challenging the official account were
widespread in law enforcement circles. The doubts were so serious
that in 2001 the Idaho attorney general, Ada County sheriff and
Idaho Department of Correction began an 18-month investigation of
the escape.
Their theory: Prison officials faked the fence-cutting
to cover up the fact Dallas outsmarted his keepers and simply
walked out the front door with a group of visitors shortly before
8 p.m. on March 30, 1986.
The morning after, prison Warden Arvon Arave
showed off precisely cut triangles in two chain-link fences to
reporters and photographers, contributing another iconic image to
the Dallas repertoire.
“Everybody said they knew he was going to
escape,” Arave told the Los Angeles Times. Correction Director Al
Murphy also fed the mystique: “You give Claude Dallas 6 miles and
you might as well give him the country. Oh, well, we’ll find him.
It might take a century, but we’ll find him.”
The reinvestigation of who really snipped the
27-inch- and 31-inch-wide holes ended inconclusively. The case was
dropped in 2003. This story is the first public disclosure of that
inquiry.
Investigators couldn’t prove their theory that
Dallas walked out of the Idaho State Correctional Institution, but
they told the Idaho Statesman that the facts don’t support the
official account.
“My take is they screwed up, and he was able to
walk out the front door,” said Ada County Detective Sgt. Pat
Schneider, who worked the case after then-Ada County Sheriff
Vaughn Killeen ordered the 2001 inquiry. “And somebody said,
‘Well, I better cover my butt and do something to make it look
like he escaped the other way.’ I’ve never been able to prove it,
but that’s my gut instinct.”
The supervisor of the reinvestigation was Mike
Dillon of the attorney general’s office. A former FBI agent,
Dillon has been a cop for 40 years.
He is the most cautious of the investigators,
holding back from saying he believes a cover-up occurred. But
Dillon doubts the official account: “I am not at all satisfied
that we’ve got the whole story ... but at the same time we
couldn’t come up with anything other than a lot of smoke. I remain
skeptical.”
Dallas, now 58, could end the speculation. But
he has never granted an interview and did not respond to requests
from the Idaho Statesman to break his silence.
‘Kind of like the Kennedy assassination’
A month after the escape, Correction Director
Murphy asked George Sumner, former warden at California’s San
Quentin prison, to investigate. But Sumner’s report was missing
for years. Prison officials even dug through a refuse pile known
as the “bone yard” searching for it during the reinvestigation. It
finally surfaced this month when the Statesman obtained it from
another source. Sumner’s report supports the theory that Dallas
walked out with departing visitors. Sumner concluded the visiting
process “provides too much opportunity for escapes into the
community.” His first recommendation was to reform visiting
procedures, including stationing an officer outside the visiting
room to operate a gate. Prison officials took the advice, building
a security post on the walkway between the visiting area and the
main gate.
Warden Arave, who retired in 1996, told the
Statesman he still believes Dallas cut his way out. But he doesn’t
rule out other theories. “It’s kind of like the Kennedy
assassination, you know?” he said. “Who did it?”
This was no presidential assassination. The
statute of limitations expired by 2001, barring prosecutions of
Idahoans involved in the escape or a cover-up. Recaptured after 11
months, Dallas beat an escape rap in 1987 by convincing a jury he
had to flee because his life was endangered by guards looking to
kill him.
Why revive the story of a 22-year-old escape?
Sheriff Killeen and then-Attorney General Alan
Lance authorized the investigation because a conspiracy to deceive
the public and elected officials would be a serious breach of
trust. The inquiry sought to correct history and discipline any
offending Correction officials who remained on the job.
The Statesman filed public records requests
with the attorney general, sheriff and Correction Department, and
obtained about 1,000 pages of documents that provide the
foundation for this story. Officials say some documents, including
interview transcripts, have been lost. Other documents were
withheld because they are exempt from the Open Records Law.
The investigation reached its climax in March
2003, when two key prison officers took lie-detector tests.
Investigators believed the men were pivotal: Lt.
Wayne Nimmo was in charge the night of the escape and said he was
present when the cut fences were discovered more than three hours
after Dallas left. Sgt. George Baird was seen by another officer
carrying bolt-cutters that night. Baird was the prison armorer,
responsible for keeping weapons and tools.
Both denied involvement in a cover-up. A
polygraph examiner found their answers “indicative of the truth.”
The Statesman was not allowed to see the questions put to Nimmo
and Baird because lie-detector tests are considered personnel
records.
After 18 months, investigators couldn’t prove a
cover-up. “We couldn’t go any further,” said Dillon of the
attorney general’s office. They dropped plans to question the top
officials at the time of the escape, Correction Director Murphy
and Warden Arave.
’Wily mountain man’
Born in Winchester, Va., in 1950, Claude Dallas
ducked the draft in Ohio and settled in the remotest corner of the
Lower 48, the “ION” region of Idaho, Oregon and Nevada. Handsome
and coolly charismatic, he lived off his wits and the land as a
trapper and cowboy.
On Jan. 5, 1981, Idaho Fish & Game officers
Bill Pogue and Conley Elms tried to arrest Dallas for poaching at
his camp on the Owyhee River. Dallas shot them first with a pistol
and then put a rifle to their heads and fired again. He pitched
Elms into the river and buried Pogue. Dallas was captured in
northern Nevada 15 months later.
Charged with two murder counts, Dallas
persuaded a jury sitting in Caldwell that he’d feared for his life.
He was convicted of voluntary manslaughter and a weapons charge in
1982. Judge Ed Lodge gave him the maximum allowable sentence, 30
years.
The 1986 escape landed Dallas on the FBI’s Ten
Most Wanted list for the first time. On the lam, his whereabouts
ranged from Nevada to Oregon, South Dakota to California, and he
had plastic surgery in Mexico. Dallas testified that he paid
$3,000 for the surgery, money he’d raised working odd jobs. He
didn’t say what features were changed, but it appeared his nose
was bobbed and chin lengthened.
The FBI caught him March 8, 1987, in Riverside,
Calif. The figure dubbed a “wily mountain man” and “coyote-smart”
by the media stood outside a convenience store with a jar of
peanut butter and a loaf of bread.
After his acquittal for escape, Dallas served
his time in Nebraska, New Mexico and Kansas. He completed the
final weeks of his sentence at the North Idaho Correctional
Institution and was released Feb. 6, 2005. He’d served 22 years,
having shaved eight years with credit for “good time.”
Dallas obtained an Idaho driver’s license in
Emmett a month later but surrendered it in August 2005 to obtain a
license in Washington state, which he still holds. The law
prohibits disclosure of his address.
Dallas sightings continue. Last fall, he was
reportedly seen near Jordan Valley, Ore. Last summer, he was said
to be working as a shuttle driver for river trips near McCall.
Now, we learn his escape is an unsolved mystery.
Dallas may prefer it that way.
“He isn’t going to talk to you,” said Bill Mauk,
who defended Dallas on the murder charges. “He just wants to fade
back into the woodwork.”
Mauk can’t disclose anything Dallas has said in
confidence, but he was aware of the theory that Dallas walked out
with visitors and that officials covered up their blunder.
“I’ve heard a story like that,” Mauk said.
From Dallas? “I can’t say.”
‘Bought hook, line and sinker’
Along with Dillon, two other investigators did
the bulk of the work on the 2001-03 inquiry.
Gary Deulen was the attorney general’s
investigator who spent the most time on the case. Deulen now is
chief deputy sheriff in Canyon County and has 27 years’ experience
as a cop.
“I think Claude Dallas walked out on Easter
Sunday,” Deulen said. “We’re asked to believe that instead of a
slit, he cuts two perfect triangles; then after he’s free he runs
across a fresh dirt field after a rainstorm leaving no tracks; he
keeps the bolt-cutters or the wire-snips but loses his hat, and
his glasses fall off of his face and into a glasses case in the
parking lot (350 feet away)? It’s bizarre.”
Dillon has trouble believing that dozens of
officers passed within 6 feet of one of the holes without seeing
it. “It’s just not logical,” said Dillon. “To walk from the prison
to the administration building you had to walk past the hole. And
everybody knew there’d been an escape, but nobody saw the hole.”
In 2001, Randy Blades was assigned to represent
the Department of Correction in the reinvestigation. A Marine
reservist who served in both Iraq wars, Blades had just opened a
new Office of Professional Standards. His job was to help overcome
the agency’s reputation as a shop run by good old boys.
“The least logical way that this thing could
have happened has been bought hook, line and sinker,” Blades said
during one of the inquiry’s interviews in 2002.
Blades is now warden of the Virtual Prison
Program, overseeing inmates in out-of-state, county and private
prisons. He’s been with the Correction Department 20 years.
Now, Blades says, “I stand by that quote. ...
The weight of the evidence lends itself toward the holes not being
cut by the escaped inmate.”
‘Somebody didn’t want embarrassment’
George Baird is a 27-year Correction employee
who now runs the community work center in Nampa. On the night of
the escape, Baird was in charge of tools and weapons. He said he
retrieved a pair of bolt cutters for another officer to cut a
padlock on Dallas’ workshop locker. Baird said he can’t remember
who got the tool but suspects it was used to slice the fence.
“I’ve believed for 20 years Claude Dallas
walked out our front door,” Baird told the Statesman. “Somebody
didn’t want embarrassment. Claude Dallas was a high-profile
offender. Claude Dallas committed a hideous crime against people
in law enforcement and angered a great big community.”
Baird said he believes “somebody up the command”
ordered a subordinate to cut the fences to blunt criticism that
official incompetence let the state’s highest-profile inmate go
free. “I think they lied,” Baird said.
The cut fences went undiscovered for more than
three hours after Dallas escaped. Capt. Jerry Redmon reported
finding the holes shortly after he arrived from home late that
night.
It was the job of corrections officers to
patrol fences. Two officers conducted perimeter checks after the
escape and turned up no holes. During a 10:30 p.m. shift change,
dozens of officers passed the place where Redmon found the first
hole, but none reported a breach.
“Redmon’s a damn captain,” Baird said. “Why is
Redmon out doing a fence check?”
A week after the escape, Deputy Warden Larry
Wright expressed his concern about the failure of line staff to
find the holes. “It took the captain to come all the way from home
to find where Dallas had cut the fences!” wrote Wright.
Prison records about the holes contributed to
investigators’ suspicion of a cover-up. The master log doesn’t
mention holes until a back-dated entry appears the following day,
between 3:30 a.m. and 5:02 a.m., reporting “rectangular” holes
found about 10:30 p.m.
Redmon’s report to Deputy Warden George Bernick
is dated April 8. He wrote that Bernick reached him by phone at
his home in Kuna at 10:35 p.m. and that Lt. Nimmo called at 10:40
p.m. According to the prison’s notification log, however,
Redmon also was contacted at 10:48 p.m.
Arriving at the prison, Redmon reported he was
briefed by Nimmo. Redmon wrote that he asked if the fence
northwest of the administration building had been checked. “I was
informed that it had not,” Redmon wrote.
Redmon and Nimmo left the building and found
two “triangular” holes. Redmon did not specify the time, nor did
Nimmo in his March 31 report.
But Bernick’s April 7 report said Redmon found
the holes at 11:04 p.m. If that is correct, and Redmon left home
immediately after taking the third call at 10:48 p.m., he would
have driven about 16 miles on winding rural roads, been briefed by
Lt. Nimmo and discovered the holes, all in 16 minutes.
Asked how he could have accomplished so much so
quickly, Redmon said, “I don’t know, but I did.”
Redmon told the Statesman he checked fences
himself because “they were making searches inside the yard, not on
that perimeter fence around the administration area.” The second
hole, however, was at a junction of the perimeter fence and the
administration fence, an area already searched by the two patrol
officers.
Doubts also have been raised about whether
Dallas had wire-cutters, as Warden Arave told the media. Lt. Jim
Gibbeson, the officer then responsible for prison investigations,
reported to his bosses that several inmates told him Dallas had
wire-cutters.
But Gibbeson now says he had no solid evidence
Dallas had such a tool and believes Dallas walked out the front
door.
“I was out there thumping around thinking that
Claude had cut a hole in the fence and took off,” Gibbeson told
the Statesman. “I went along with the party. The party program was
that he cut a hole in the fence and escaped. I didn’t have enough
knowledge at that time to pin down what was happening. But I do
today. I think there was some type of conspiracy after Claude left,
not before Claude left.”
Gibbeson lost his job in 1990 when he was
convicted of sexual abuse of a minor under 16.
‘There was no conspiracy’
Nimmo worked for corrections for 25 years and
retired two months after his 2003 polygraph test. In a phone
interview, he said, “I’d just as soon let it lie. One big reason I
retired was because it was a big (screw) job to begin with, and
people want to keep blowing (Dallas) into a hero, and he’s just
nothing but a murderer.”
Asked if he knew anything about officers
cutting fences, Nimmo said, “I don’t want to talk to you about it,”
and hung up.
But Redmon, who retired in 1995 after 29 years,
said, “There was no conspiracy. Didn’t happen.”
Former Correction Director Murphy laughed off
talk of a conspiracy. “Listen to me,” he said from his office in
Salt Lake City, where he now works as a consultant. “That is
asinine. That is just ridiculous. It didn’t happen that way. It
just didn’t.”
Added Murphy: “He went through the fence.
There’s absolutely no doubt in my mind. It’s unquestionable.”
Murphy told the Statesman he doesn’t believe
Dallas cut the two fences, but that a civilian accomplice did it.
“I don’t think Claude Dallas would have had
time to cut it himself,” he said.
Murphy began as a prison guard in Massachusetts
in 1969 and was Idaho’s correction director from 1983 to 1989.
Known for his take-charge attitude, he arrived at the prison on
Easter Sunday night with his .357- caliber magnum pistol.
In the days after the escape, Murphy told
reporters, “It’s embarrassing. I’m embarrassed.” He complained of
prison design flaws and that he’d recently lost 18 officers to
higher-paying jobs.
Murphy now acknowledges that he and Lt. Jay
Heusser walked over footprints that may have been left by Dallas.
“We’re looking for an escapee,” explained
Murphy. “Protecting a crime scene is important in a homicide, but
as far as protecting the obvious, I would have gone to the fence.”
Their disregard for evidence alarmed
corrections officer Greg Claitor, who made two perimeter fence
checks without finding any holes and then found Murphy and Heusser
at the cut outer fence. Another officer, Sgt. Robert Hazzard,
completed a foot patrol about an hour after Dallas escaped and
found no holes.
‘He was an obvious escape risk’
Then-Gov. John Evans questioned the competence
of prison staff and pressed for security fixes, including
earmarking some of a $2 million appropriation for improvements.
“He was an obvious escape risk,” Evans complained. “It’s obvious
that we weren’t taking proper care to see that he didn’t escape.”
Among the improvements: the new guard shack to
scrutinize visitors, a slowed-down visiting process, a tougher
inmate-counting system and razor wire on the fences.
“The next guy that cuts his way through there
will bleed to death on the other side,” Warden Arave said. Since
Dallas’ getaway 22 years ago, there has been just one escape
attempt. It failed.
Blades, the Correction Department investigator,
said no employees were disciplined in connection with the escape.
Murphy said the focus was on finding Dallas.
“The fact that an escape happened is what’s
important.”
Dallas, of course, remains the missing puzzle
piece. He was silent on the topic at both his trial and an
internal prison hearing. Though acquitted in court, Dallas lost a
year of “good time” in the prison disciplinary process for escape
and was ordered to repay $159 for damaging state property — the
fence.
Warden Arave said Dallas’ silence is central to
the doubt.
“The problem is Claude Dallas never admitted
anything,” Arave said. “He’s not talking.”
Arave said three explanations are plausible:
“All three of those work: He cut it himself, somebody else cut it,
or he walked out the front door. But at the time we were focused
on the fence.”
Geneva Holman, Dallas’ Easter visitor, said
Dallas has no interest in unraveling the mystery.
“I don’t think he really wants to do that,” she
said. “He’s doing really good, he’s working hard, he’s put that
behind him. I don’t think he wants a bunch more baloney in the
newspaper.”
Investigators asked about interviewing Dallas
but said he declined. Still, they have hope he will one day come
forward.
“I was really hoping he’d talked to you,”
Blades told the Statesman.
“My No. 1 motive was to find out what the truth
was. We’ve got to find out what happened. It’s one of the great
unsolved mysteries.”