

You Can Run, But You Can’t Hide
You Can Run, But You Can’t Hide
District Game Warden Zachary Schuchard
In late August of 2020 I was working a shift on the Missouri River in Bismarck.
It was late in the evening, well past dark, when I started to hear a loud boat motor coming towards me.
I turned to look at the boat and could see the navigation lights weaving back and forth.
Our two boats were the last couple of boats on the river for the evening.
The operator turned into the courtesy dock at the Fox Island boat ramp, and I thought it would be a good opportunity to perform a boat safety check.
These boat safety checks are routine checks performed by game wardens to ensure boats in operation have the necessary equipment required by state law.
These items include personal floatation devices, a type IV throwable PFD, a fire extinguisher, and a bell or whistle.
We check boats all summer for these vital pieces of safety gear in many different scenarios; sometimes at the ramp before people launch their boats, sometimes out on the water when the boat is in operation, and sometimes (like this case) at the ramp after returning from being on the water.
I pulled up on the opposite side of the courtesy dock as the boat was pulling up to the ramp, when I saw four people walking away from the boat and up into the parking lot.
One individual was in the process of backing a trailer into the water to load the boat.
After he got the trailer in the water, I went to conduct the boat safety check.
I talked with the operator of the vehicle who was also the owner of the boat.
I identified myself and told him I was going to conduct the boat safety check.
When asked for the PFDs, he climbed into the boat and retrieved five PFDs for five people that were on the boat.
He also had the throwable PFD and a fire extinguisher.
During the check, I noticed the registration on the boat was very outdated; in fact, it expired at the end of 2016.
Since our registration cycles are three years, he had missed an entire registration cycle and a year into the new one without current registration, I asked the individual for his ID as I was going to issue him a citation for the expired registration.
When he handed me his ID, the first thing I noticed was that it was a non-driver’s identification card.
This stood out to me because I had just witnessed him driving a vehicle and he didn’t hand me a driver’s license.
I asked him to wait for me in the ramp prep area while I returned to our boat to write his citation.
When I returned to the boat, the Morton County Sheriff’s Deputy I was working with asked me what the individual’s name was.
I told him and he goes “Oh! He has a warrant.” I got excited because a simple boat registration ticket was going to lead to an arrest for a warrant.
But then the deputy let me know that the Burleigh Morton County Detention Center wouldn’t take him on the warrant right now.
He had pulled the warrant for this individual the evening prior because he had gotten pulled over in Bismarck.
During COVID, there were some changes made to the detention center that made it to where if the offense wasn’t something involving violence or a felony level offense, the jail couldn’t take them.
I still decided to have State Radio check anyway.
Oh, and remember the non-driver’s ID card? Well, that was because his driver’s license was suspended.
I began to write the citation while State Radio checked on the warrant.
I was in the middle of writing the citation when I heard the unmistakable sound of a pickup being shifted into gear.
My immediate thought was “He’s not gonna do it, is he?” Because remember, I had his ID in my hand, along with his boat registration card.
I looked up in time to see him pull away from the boat ramp with speed and watched as his one working taillight faded around the corner and onto Riverwood Drive.
I updated State Radio on the situation and the deputy notified Bismarck PD’s dispatch.
I finished writing the citation and placed his copy with his ID and registration card in my patrol bag.
The deputy and I continued with our shift while talking about his decision to flee.
The next day I was driving through town headed towards the Southport ramp again when I recognized a vehicle in a parking lot off Bismarck Expressway.
It was the same red Chevy pickup with the boat/trailer still attached.
For a moment I thought to myself “Oh, I should go get him!” But then I remembered what the deputy had said the night before about the jail and figured I would be better off writing my report and send it to the Burleigh County State’s Attorney for them to file charges.
Roughly a year later, I noticed the charges hadn’t been filed.
I contacted the State’s Attorney’s office and asked what was going on with the case.
My report and affidavit of probable cause had inadvertently gotten mixed into a stack of files and hadn't been looked at.
I resubmitted an affidavit of probable cause to show that probable cause not only existed for the contact and the citation, but also for the additional charges of fleeing and driving under suspension.
The State’s Attorney accepted my affidavit and filed the charges.
Fast forward to August of 2024 (this individual did not show up for court and had multiple warrants) and a plea agreement was reached.
The individual ended up pleading guilty to both the fleeing and the driving under suspension.
The fleeing was a C felony because it was his second time fleeing and the driving under suspension was a B misdemeanor.
The ironic part about his first fleeing charge was that it was also related to a Game and Fish case; he must not like game wardens.
I often think back on this case and how the individual’s actions made things so much worse for him.
Think about it.
I was going to issue him a $25 citation for Use of an Unregistered Boat and was going to tell him to have someone else come to drive the vehicle away.
Instead, he ended up with a felony for fleeing, a misdemeanor for driving under suspension, the citation for the registration, and the headache of having to deal with all of this for four years.
So if you’re ever pulled over, it’s probably best to just take the ticket and face the consequences of it.