Pierre guide and outfitter Caleb Gilkerson has been found guilty of violating the Migratory Bird Treaty Act in a case involving embattled federal game warden Bob Prieksat of Pierre.

U.S. Magistrate Judge Mark Moreno found Gilkerson guilty beyond a reasonable doubt after a trial Tuesday in Pierre, according to a release from the U.S. attorney's office. After an investigation last December led by Prieksat, Gilkerson was charged with possessing 28 Canada geese that were not tagged at his game-cleaning business in Pierre.

Assistant U.S. Attorney Mikal Hanson prosecuted the case. The maximum penalty is six months in prison and a $15,000 fine. A sentencing date has not been set.

Prieksat has been the subject of public criticism by Gov. Mike Rounds and his chief of staff, Rob Skjonsberg. Rounds and Skjonsberg allege that Prieksat has been abusive in his dealings with hunters and landowners and lacks discretion in his law-enforcement work. They want the U.S. Fish and Wildlife Service to fire or reassign Prieksat.

Skjonsberg also has threatened to abrogate the state's involvement in agreements with the Fish and Wildlife Service to enforce a variety of federal laws related to wildlife if FWS officials hadn't responded to those demands by today.

Gilkerson alleged that Prieksat was abusive and intimidating toward him during the investigation and a search of the game-cleaning shop. Gilkerson also alleged during the trial that Prieksat removed some of the tags from geese.

Prieksat said in testimony that he was "an aggressive law enforcement officer" but denied removing the tags or bullying Gilkerson.

State conservation officer John Murphy of Pierre, who worked with Prieksat on the case, testified that he didn't see Prieksat bully Gilkerson or remove tags from the birds. Murphy called Prieksat "the most truthful law-enforcement officer" he has worked with.

Murphy declined a request from the governor's office to speak with Gilkerson's defense lawyer a few days before the trial. Prieksat said Thursday that Murphy made the right decision in rejecting that request.

"That's the right thing to do," Prieksat said. "Do you have your case investigators go meet with the defense attorney before an officer takes the stand. The answer is going to be 'no.' That's totally out of the norm."

Prieksat referred questions about Moreno's decision to his supervisor, Gary Mowad, special agent in charge of an eight-state FWS region, including South Dakota. Mowad stated in an e-mail to the Journal that the decision spoke well of the law-enforcement work done by Prieksat and Murphy.

"This guilty verdict resulted from some outstanding investigative work by FWS special agent Prieksat and South Dakota investigator John Murphy, followed by exceptional prosecution by Assistant U.S. Attorney Mike Hanson," Mowad said. "I am also pleased the trial proceedings disproved allegations made by Mr. Gilkerson against agent Prieksat."

Gilkerson couldn't be reached for comment Thursday.

Skjonsberg said he respected Moreno's decision but that the verdict would not affect his effort to get Prieksat reassigned.

"Absolutely not. This court case and the larger issue with this agent are not one and the same," he said.

Skjonsberg also said today's deadline for a FWS response remained in effect.

"Anything other than reassignment or termination will result in the demise of the cooperative law-enforcement agreement - at least to begin with," he said.

Skjonsberg has said he might end other working agreements with FWS as well.

Contact Kevin Woster at 394-8413 or kevin.woster@rapidcityjournal.com