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NW Iowa man found guilty in stolen trees case

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November 21st, 2023 by Ric Hanson

(Pocahontas, Iowa) – A jury in northwest Iowa deliberated for about two-hours before handing down a verdict in the case of a 41-year-old man charged with timber theft. They found Jason Levant Ferguson, of rural Rolfe, guilty of felony theft and 50 timber violations, for taking dozens of trees from public property. Ferguson’s criminal tree-theft case went to trial last week in Pocahontas County. The Iowa Capital Dispatch reports court records indicated Ferguson had been accused of taking about 150 trees from a wildlife management area northeast of Rolfe last year, purportedly to build himself a house. Timber thefts are an uncommon but growing crime in Iowa, according to the state’s Department of Natural Resources. Ferguson’s thefts stood out for the number of trees taken and for one of the trees he was accused of felling: a bur oak that was about six feet in diameter at its base.

Ferguson’s prosecution hit a snag last month when a district court judge decided that search warrants for his rural acreage were improperly approved and the evidence obtained by the subsequent searches couldn’t be used to prosecute him. Those searches allegedly found evidence that someone had been growing marijuana and manufacturing methamphetamine on Ferguson’s property, and he faced numerous felony drug  and weapons charges. Those charges were dismissed, but the tree theft case continued with the evidence DNR officers had obtained before the searches. That evidence included an admission by Ferguson that he had taken the trees from the Stoddard Wildlife Management Area and photographic evidence of tree trunks on his property, court records show. The trial last week spanned four days and ended with a 12-person jury finding him guilty of every criminal charge he faced, according to court records.

Ferguson’s sentencing hearing is set for Jan. 26. He faces up to five years in prison for the felony theft charge and one year imprisonment each for the 50 counts of timber buyer violations, which were for cutting down trees he had not purchased and, according to court documents, “had no legal right to do so.”