Townshend man acquitted in illegal logging trial

Raymond Otto Tarbell stood trial last May before Federal Magistrate Judge Kevin Doyle in Burlington after forgoing a jury trial.

 A man from Townshend has been acquitted of charges related to illegal tree cutting in Stratton. Raymond Otto Tarbell, 67, stood trial last May before Federal Magistrate Judge Kevin Doyle in Burlington after forgoing a jury trial. Recently, Judge Doyle concluded that the prosecution failed to demonstrate beyond a reasonable doubt that the U.S. Forest Service was the rightful owner of the disputed land.

The judge noted uncertainties regarding the accuracy of a map presented as evidence, suggesting it may not hold the same reliability as other surveys introduced during the trial. Tarbell faced three charges connected to an investigation by the U.S. Forest Service’s Manchester Ranger District, which alleged that he had cut down, removed, and damaged approximately 300 trees in the Green Mountain National Forest for timber purposes between December 2020 and March 2021.

In addition to the tree cutting allegations, Tarbell was also acquitted on two charges related to the intended defacement of government survey markers. According to court records, the first alleged incident of removing a boundary marker occurred between late June and mid-September 2021, while the second incident was noted to have taken place on September 16, 2021.

Judge Doyle emphasized that the ownership of the land in question was hotly contested, and this dispute played a significant role in the case. In his ruling, he pointed out that complexities in civil versus criminal penalties, requirements for proving malicious intent, and the lack of established standards for intent suggest that removing markers in good faith amidst such disputes is not inherently a wrongful act.

Additionally, referencing a previous Vermont court ruling, Doyle mentioned that the intent of property deeds is a key consideration. To determine intent accurately, a comprehensive view of the deed should be taken to ensure all elements are considered collectively to provide a coherent interpretation.

The ongoing disagreement between Tarbell and the government revolves around the boundary line separating Tarbell's property from that owned by the Forest Service.