The owner of an exotic game ranch in Grimes County is awaiting federal sentencing after pleading guilty last month to illegally importing whitetail deer into Texas from Minnesota.

Robert Lawrence Eichenour, 51, was charged with secretly buying 14 deer from Minnesota and bringing them to his Circle E Ranch in Bedias, according to federal prosecutors. He purchased the deer during two transactions in October 2006.

The state closed its borders to imported deer several years ago in an effort to prevent the spread of chronic wasting disease, which wildlife officials said is similar to mad cow disease and is easily spread among elk and among mule and whitetail deer. No cases have been found in Texas.

"It is sad because this is a guy that's worked so very hard all of his life and now is looking at something he never in his wildest dreams imagined he would be faced with," said Trent Gaither, a Houston attorney who is representing Eichenour.

Prosecutor Shamoil Shipchandler, who is with the U.S. Attorney's Office in Tyler, said Eichenour pleaded guilty to importing deer for financial gain on two occasions: Oct. 13 and Oct. 22, 2006. The man who arranged the sale -- Brian Becker, 37, of Minnesota -- a pleaded guilty to the same charge last month.

A permit must be obtained for every deer transaction in Texas, Shipchandler said.

Eichenour's case was prosecuted federally because of the Lacey Act, which was designed to protect wildlife, Shipchandler said, explaining that the imported deer, if sick, easily could have infected the deer population in Texas.

"The only way to tell if a deer is infected is to basically autopsy a deer after it's dead," Shipchandler said. "They can open up the deer skull and take a look at its brain and see if it's infected."

Chronic wasting disease is highly contagious and has been found in Michigan and Minnesota, according to Texas Parks and Wildlife biologist Derrick Wolton, who is based in Temple. In Minnesota, the disease has been found in elk herds, he said.

Wolton said research has shown that the disease is so contagious that an infected carcass could cause a pen full of deer to become sick. The deer can become sick even if the carcass is removed before they are allowed inside the pen, Wolton said, noting that the disease cannot be spread to humans by eating infected meat.

The disease causes poor body conditions, tremors, stumbling, increased salivation and sometimes excessive thirst.

Some deer show resistance to the disease, Wolton said. So while it probably wouldn't wipe out the entire deer herd, it could greatly lower the population, which would have a social and economic impact in the state.

The Whitetail Deer Advisory Board for the state -- and Wildlife Department decided to close the state's borders and will ultimately decide whether they should be reopened, Wolton said.

A sentencing date has not yet been set for Eichenour. That likely will happen after the probation department conducts an investigation, which could take three months.

Eichenour could face five years in prison, but Shipchandler said there is some disagreement over the fine the rancher could face. Prosecutors believe the fine could be as high as $250,000, but the judge has said it could be limited to $20,000.

Gaither said he didn't think that prison time was appropriate for his client. Eichenour was charged with a regulatory offense, and penalties for such crimes generally involve fines and not jail time, Gaither said. The Lacey Act was designed to protect exotic animals and endangered species, but it includes a global provision that makes any state violation a violation of the federal act, Gaither said.

"I think it is fair to say that he had no idea that he was dealing with a federal felony offense," Gaither said. "The fact of the matter is the regulation that they're talking about is a Class C misdemeanor in the state of Texas, and very rarely do you find a Class C misdemeanor being elevated to the kind of offense that we're looking at now by virtue of a pretty much obscure statute."

Eichenour runs a gaming ranch and brings in deer that will be killed by his clients, who come to the Bedias ranch to hunt, Gaither said. The Minnesota deer cost less, which is a factor when the animals likely will only be alive for 30 to 45 days, he said. Because they are bred in a cold state such as Minnesota, the deer are genetically designed with larger builds and antlers, which hunters want, he noted.

"That's the point. He's not spreading anything anywhere because they're not going to be around," Gaither said, blaming deer breeders for lobbying to close the border to imports for personal motives. "It is a rare, rare phenomenon that is more prevalent in animals such as elk and things of that genre, which there are no restrictions against."

• Holly Huffman's e-mail address is holly.huffman@theeagle.com.

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