Story last updated at 3:55 p.m. Thursday, May 23, 2002

Moose kill charges pending
Charges are pending for a 12-year-old Homer boy who allegedly violated five separate laws after taking a sublegal bull moose last fall.

According to Fish and Wildlife Protection Officer Todd VanLiere, the 12-year-old allegedly shot a sublegal moose with a 7 mm rifle on Sept. 17 after the animal reportedly charged him. Court documents say that the boy's brother, Zahary Martushev, 19, then helped the youth harvest the moose, and the father, Frank Martushev, was aware of the harvest, and processed the meat.

According to VanLiere, any time a person shoots a moose in defense of their lives, the moose becomes property of the state, not the individual. The Martushev family, however, failed to report the taking to any state agency.

The Moose's antlers were 47 inches across, according to court documents, and had been altered with a chain saw to make the spread look like it was 50 inches, and legal.

The boy faces several violations similar to a traffic violation. The violations include taking an undersize moose, failure to salvage the meat, unlawful possession of and transportation of a sublegal bull moose, transporting antlers from a kill site prior to transporting edible meat and failure to report taking a bull moose in defense of his life.

Zahary Martushev has been charged with two misdemeanor counts, one on contributing to the delinquency of a minor and a second on unlawful possession and transportation of a bull moose while Frank Martushev has been charged with a single misdemeanor count of unlawful possession of a sublegal bull moose.

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