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BIG ABALONE CASE COMES TO CLOSE LAST DEFENDANT GETS PROBATION

Published on September 11, 1996
© 1996- The Press Democrat

PAGE: B2

A two-year prosecution of the biggest abalone poaching operation in the state's history came to a close in Santa Rosa on Tuesday with the sentencing of the man who helped dismantle the organization.

Superior Court Judge Raymond Giordano, going along with a plea agreement, granted Michael Kagley, 37, three years probation on a felony charge of conspiracy to violate state fish and game laws pertaining to the harvesting of abalone along the Sonoma County coast.

Kagley and 11 others were arrested in September 1994 and accused of taking about 20 tons of abalone, valued at more than $1 million, from a 5-mile stretch of the Sonoma County coast over a year's time.

Most of the abalone was purchased from the group of scuba divers by Van Howard ``Hojo`` Johnson, a 27-year-old San Diego commercial fisherman, who in turn sold it to East Coast and Asian markets, according to state game wardens.

Kagley, one of the masterminds of the operation, later became an undercover informant and helped county and state investigators gather evidence resulting in grand jury indictments against himself and the others.

Kagley pleaded guilty early on and agreed to testify for the prosecution at the trials of Johnson and another key figure, August Angelo Vichi, a 38-year-old Santa Rosa scuba diver, both of whom were convicted and sentenced to three years in prison.

Prosecutor Brooke Halsey Jr. said he is happy the case is over.

``It's been a long road,'' Halsey said. ``The system is not designed to send poachers to prison and I hope that's changing.''

It's a misdemeanor to break fish and game laws, but Halsey has filed felony conspiracy charges against people caught poaching abalone in concert with each other on the Sonoma County coast.

Johnson, Vichi and Randy Blay, whose Santa Rosa home was used to process the abalone for shipping, were sentenced to state prison.

Except for Kagley, the other defendants got probation, some local jail time and were ordered to make payments ranging from $10,000 to $30,000 each into the North Coast Abalone Restoration Fund.

In a related case, Halsey on Tuesday dismissed misdemeanor charges of witness intimidation against Vichi, who allegedly threatened a witness during his trial last month.

Keywords: OCEAN ENVIRONMENT ANIMAL VERDICT


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