Court clears names of wildlife officials in mining deal

Tuesday, June 8, 1999 | 6:52 a.m.

The seven-member court ruled unanimously on Monday that the Elko County District Court erred when it allowed the filing of a report in 1997 by an Elko County grand jury. The report indicated criminal offenses had been committed by the employees but that no charges could be brought because the two-year statute of limitations had expired.

The court ordered that the grand jury report on the actions by the four Division of Wildlife employees be expunged.

Cleared by the ruling were former division administrator Willie Molini, Elko Regional Manager Larry Barngrover and biologists Duane Erickson and Kenneth Grey.

The grand jury report was the result of an investigation into the activities surrounding a decision by Independence Mining Co. to expand its Jerritt Canyon gold mine operation 50 miles north of Elko. In 1993, the company agreed to pay $500,000 to the wildlife agency to offset the loss of deer habitat the expansion would cause.

Mining company officials said they were pleased with the agreement with the agency.

But a 1996 grand jury report said the four employees had extorted the donation from the mining company, which had no choice but to comply so that its expansion would be approved.

Deputy Attorney General Paul Taggart, who argued the case for the employees at a Supreme Court hearing in February, said the grand jury misused the authority of its office by reporting allegations of criminal misconduct in a case where the statute of limitations had long since expired.

The procedure used by the grand jury also did not allow the employees the chance to clear their names, he said.