Former police officer faces NINE YEARS in jail for killing community's beloved wild elk

Boulder cop Sam Carter was found guilty Tuesday of illegally killing Big Boy last year and could face up to nine years jail time

Carter's attorney argued he was protecting area dogs from the 'menace' ruminant

Big Boy's slaying has inspired a folk song and mourning Boulder community members are planning to install a memorial bench

A former Boulder police officer was convicted Tuesday of killing a bull elk that had become a treasured companion in an upscale neighborhood and whose death sparked marches, prayer vigils and at least one tribute song.

A jury found Sam Carter guilty of nine charges. He could face up to six years in prison after shooting the animal known as Big Boy last year as it grazed beneath a crabapple tree, The Daily Camera reported.

Boulder animal activist Jessica Sandler applauded the verdict.

Scroll down for video

Ex-cop Sam Carter was sentenced to 200 hours of community service and probation for illegally killing the beloved elk Big Boy

'It is so rare for an animal to get any semblance of justice in our court system,' she told the newspaper.

Carter argued that the elk had become dangerously domesticated and was scaring local dogs.

But prosecutors told the jury the killing was a case of poaching by an officer who sought to use his position to get an illegal trophy mount.

After shooting the elk, prosecutors said, Carter called a friend and former officer to pick up the carcass and butcher it. They also said Carter later forged a tag to pass off the dead animal as road kill.

'They had no right to use their standing as police officers to poach this animal and lie about it,' Boulder County District Attorney Stan Garnett said.

The trial opened with debate over whether the elk's prior 'bad conduct' could be used as evidence, and whether jurors familiar with Big Boy could be impartial.



Prosecutors had wanted Carter (left) to serve at least one year in prison and three years probation for the crime. His attorney Marc Colin (right) argued that the recommendation was too stiff

Opposing views: The defense claimed Carter was merely protecting the community's fearful dogs from the 'nuisance' elk. Prosecutors maintained that Carter was a ruthless elk killer who used his position of power to try and get away with the illegal act



'Sam Carter is not guilty of anything but trying to protect citizens of Boulder from a nuisance elk,' Colin said, as some in the packed courtroom shook their heads.



Prosecutors flashed a photo of the elk looking peaceful in a yard, and later showed another picture of a uniformed Carter hovering over the animal's carcass, grabbing its antlers and smiling.

Prosecutors say Carter called another officer, Brent Curnow, to come cart away the body in his pickup truck, and together they butchered the animal for its meat. Curnow pleaded guilty last year to tampering with evidence and other charges and is expected to testify against Carter.



The officers swapped text messages about 'hunting' for 'wapiti,' the Shawnee word for elk.

The exchanges culminated with a stark message from Carter to Curnow well before Carter's shift began: 'He's gonna die.'

Nestled against the foothills and home to a Buddhist university, Boulder is known for its love of the outdoors. Its residents routinely rank among the country's most fit.



Witnesses said the sight of the hulking animal was a highlight of countless hikes and jogs.

'Maybe we're strange, but the philosophy up here is live and let live,' pet supply store owner Mary Lee Withers told The Associated Press in an interview. 'That elk never did anything.'

Accomplice: Prosecutors say Carter called another officer, Brent Curnow, to come cart away the body in his pickup truck, and together they butchered the animal for its meat. Curnow pleaded guilty last year to tampering with evidence and other charges and was called to testify against Carter (pictured)

Saddened community: Dana Grace (left) and Nancy Pierce (right) described their experiences with the beloved majestic creature on the stand



Withers would encounter the elk on walks with her St. Bernard. Her neighbors sometimes found it sleeping in their yards. She is helping raise money for a memorial bench, which she said will be cut from sandstone and have porcelain inlays bearing the elk's likeness.



The case also inspired a Boulder man's tribute song, 'Reason to Kill (Ballad of Big Boy).'



Its visceral lyrics include: 'Gunned down for nothing, But his sovereign space, Wrong time, wrong place.'

'He was not a pet, but he was a fixture of Mapleton,' Withers said. 'He had been there for years.'



The charges against Carter included three felonies — forgery, tampering with evidence, and attempting to influence a public official.

Misdemeanor counts against him included misconduct, illegal possession of a trophy elk, conspiracy to commit illegal possession of wildlife, unlawfully taking a big game animal out of season, and unlawful use of an electronic communication device to unlawfully take wildlife.