If countless, biting memes and angry venting by fellow Lake Erie walleye anglers weren’t enough, the two tournament fishermen at the vortex of an alleged cheating scandal may have the potential of facing criminal charges.
At issue is the participation of Chase Cominsky of Hermitage, PA and Jake Runyan of Cleveland, in the Lake Erie Walleye Trail (LEWT) Championship held Friday, September 30 at Cleveland Metroparks’ Gordon Park. The event was supposed to run two days but severe and dangerous weather on Lake Erie cut the program to just one day.
When the two men stepped onto an elevated platform with a weight scale, they were met by Tournament Director Jason Fisher who performed the master-of-ceremony’s task of weighing in the five fish.
However, news accounts report that Fisher became suspicious of the pair’s walleye. This action was taken, in part, because the length of each of the five fish did not seem to jive with their combined weight of 33 pounds.
Also, it is said in the accounts that Fisher said he felt “something hard” in one of the walleye.
Fisher then stepped off the platform and began gutting the walleye. All the while the process was being recorded on cell phones owned by more than a few other anglers and spectators.
Ultimately when Fisher was finished, about eight pounds of lead slip- or in-line sinkers were removed. Along with the weights were several fish fillets, presumably and allegedly used to keep the weights from either spilling out or helping to disguise the sound of the lead sinkers banging against each other.
The response from the crowd was expectedly harsh and threatening, with several bystanders verbally condemning Cominsky and Runyan, often including the use of profane and vulgar language.
Cominsky and Runyan were disqualified from the contest, thereby forfeiting the prestigious event’s approximately $30,000 first place prize.
What followed was the pair leaving the park, and in the subsequent days, countless mimes on the alleged cheating appearing on social media platforms while a host of general media venues from many parts of the globe reported on the incident.
And while anglers of many fishing persuasions have denounced what allegedly was seen and subsequently recorded, materiel collected at the weigh-in has been turned over to various law enforcement entities.
Likewise, two criminal defense attorneys have expressed their thoughts – hypothetically - as to some of the possible laws that might apply to this situation.
It is vital to remember that as of this writing no charges have been filed against anyone nor any arrests made nor any court trial undertaken. In all respects, due process is the rule, a fact recognized by the Ohio Department of Natural Resources.
“ODNR owildlife officers responded to the Lake Erie Walleye Tournament on Friday, September 30, 2022 after being contacted by tournament organizers,” said the agency’s media chief, Sarah Wickham.
“Officers collected evidence and are preparing a report for the Cuyahoga County Prosecutors Office. As this is an open investigation, we have no further comment at this time.”
That being said, two Northeast Ohio criminal defense attorneys say that potential criminal charges are no laughing matter. Not according to the state’s law Bible – the Ohio Revised Code, anyway.
“I believe that the two (alleged) fraudsters could be charged with Theft under Section 2913.02(A)(3), which deals with theft by deception. If the amount of the prize money exceeded $1000, it would be a felony -- and the specific degree would depend on the amount of the prize money,” said attorney Adam VanHo, of VanHo Law in Munrow Falls.
Criminal defense attorney Casey O’Brien of the Ibold and O’Brien law firm in Chardon says that in addition to possible theft charges, the Ohio Revised Code has another potential tool in its criminal complaint tool box.
“ORC 2915.05 - Cheating, corrupting sports - may be applicable,” O’Brien says.
“This charge could be anywhere from a Misdemeanor of the First degree to a Felony of the Fourth Degree if there are found to be prior offenses. I would image in subsection (B)(2) may be applicable which entails ‘Engaging in conduct designed to corrupt the outcome of an athletic or sporting event.’”
Further, says VanHo, if a case is made – again hypothetically – and the defendants were “not sent to prison, a judge could require that any term of probation include that they not be allowed to fish or have a fishing license.”
Similarly both O’Brien and VanHo say that all of the pair’s fishing equipment, boat-motor-trailer, and even their vehicles could be seized as falling under being “criminal tools.”
“This could make the penalties cost the (alleged) fraudsters more than just normal fines and court costs,” VanHo says.
And possible federal charges could be filed if it was found that the mails or the Internet were used in conjunction with the alleged offenses, O’Brien says.
As for any unproven remarks made by other tournament anglers over the past year-plus that the pair had engaged in similar alleged cheating in other events, without a confession or hard proof, those complaints remain in the arena of rumor, conjecture and speculation, the attorneys say
“Unless this is part of some bigger conspiracy, or unless the police could prove that they did this in other tournaments across state lines, I do not see the feds taking the case,” VanHo says as well, with O’Brien concurring.
- Jeffrey L. Frischkorn
JFrischk@Ameritech.net
JFrischk4@gmail.com
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