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Plea deal proposed in case involving local fishing guide

Posted: January 29, 2012 - 1:08am

A plea deal has been proposed in the case against longtime Juneau charter boat operator and fishing guide Michael P. Duby.

The deal calls for Duby, 37, to plead guilty to the seven charges levied against him by the state earlier this month for black bear baiting without a permit, illegal possession and transport of black bear, and false statements in sport fishing logbooks, Department Fish and Game applications and a Permanent Fund Dividend application.

Duby would serve a total of 275-280 days in jail, pay a composite fine of $11,000 and $1,200 in restitution to the state of Alaska Fish and Game Fund for two black bears killed in 2008, and forfeit a $30,000 bond paid for his boat, the Brody, as well as interest on a number of items, according to court documents.

In exchange, all charges against Duby’s father, Michael W. Duby, 63, would be dismissed. Michael W. Duby, of Arizona, was charged in December with one count of providing guide services without an operator license for his son’s business back in 2008. That’s a class ‘A’ misdemeanor that can carry up to one year in jail and a $10,000 fine. The elder Duby pleaded not guilty, and a jury trial was scheduled for late February.

If the younger Duby enters into the proposed plea agreement, the state would also agree not to bring any additional charges that could have been filed as part of an Alaska State Trooper investigation. That includes charges for unpaid Fish and Game license fees. However, that matter can still be addressed as part of a civil lawsuit.

The state will also return all evidence items not forfeited once the evidence is no longer necessary for prosecution of other defendants related to the case.

This proposed deal was filed by prosecutors on Friday. Duby is expected to take the deal during a change of plea hearing scheduled for Wednesday in Juneau District Court.

Duby is the owner and operator of FishHunter Charters in Juneau. About nine other people have already been charged or convicted with alleged poaching activities in connection to him, including his father, brothers, employees, friends and clients.

The seven charges were initially brought against Duby on Jan. 18 by a prosecutor with the Attorney General’s Office of Special Prosecutions. The charges stem from instances spanning from May 2007 to June 2009, and most of which are a result of undercover Trooper investigations.

All seven charges against Duby are misdemeanors, except the unsworn falsification of a PFD application, which is a felony.

• Contact reporter Emily Russo Miller at 523-2263 or at emily.miller@juneauempire.com.

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