British man pleads guilty to park weapons charge

By JIM MANN

The Daily Inter Lake

An illegal immigrant from the United Kingdom who was arrested for possessing a firearm in Glacier National Park last fall has pleaded guilty in federal court.

Kano Diebitsch, 32, pleaded guilty to being an alien in possession of a firearm before U.S. District Judge Sam Haddon in Great Falls on May 29.

His arrest on Nov. 24, 2006, came about because of some attention-getting behavior.

A park equipment operator was plowing snow on Going-to-the-Sun Road near Lake McDonald when he encountered Diebitsch wearing winter camouflage and carrying a small duffel bag.

According to a report from the U.S. Attorney's Office in Billings, the equipment operator stopped and talked with Diebitsch, who said he intended to spend a few nights in the woods and was thinking about hiking to Logan Pass.

"Concerned that Diebitsch looked ill-prepared for such an outing through avalanche terrain, the equipment operator contacted the Glacier National Park communication center," the report says.

Because the park hadn't issued any backcountry camping permits for the area, a ranger was sent to talk with Diebitsch.

"The officer requested to see identification, after which Diebitsch began to dig into his pants pocket obscuring his hands. These movements made the officer nervous, so he asked Diebitsch whether he had any weapons, to which he responded that he had a knife but no firearms."

The ranger took the knife. Diebitsch produced a driver's license from Gurnsey in the Channel Islands, United Kingdom, and a U.K. passport.

After Diebitsch consented to a search of his duffel bag, the ranger found another knife, binoculars, cigarettes and some food.

After further discussion, Diebitsch agreed to get a ride to Apgar. As the two approached, the communications center advised the ranger that Immigration and Customs Enforcement wanted to talk with Diebitsch.

"At this point, Diebitsch confessed to being in the U.S. illegally and admitted that he overstayed his Visa," the U.S. attorney's report says.

"As they arrived at park headquarters, the officer and another Glacier National Park ranger conducted a more thorough search of Diebitsch and his belongings for purposes of officer safety since they were detaining him for ICE. As they began a more thorough search, Diebitsch reached for his chest area and began to put a hand in his coat. The ranger asked him what he was reaching for and he said 'a gun,'" the report says.

The two rangers pinned Diebitsch's arms so he couldn't reach the weapon and then handcuffed him. A Walther .40 caliber pistol was removed from his jacket.

Diebitsch is scheduled for sentencing on Sept. 6, where he will face possible penalties of up to 10 years in prison, a fine up to $250,000 and three years of supervised release.

Glacier National Park Chief Ranger Mark Faust said the rangers "took appropriate action in this case."

With Glacier's backcountry permitting system, particularly with winter camping, "it is part of the ranger's duties to talk to folks and see if they have the equipment and expertise needed," Faust said.

He also noted that carrying loaded firearms is prohibited in Glacier. Unloaded weapons have to be packed, secured in a case or rendered temporarily unusable, and they can't be carried.

Reporter Jim Mann may be reached at 758-4407 or by e-mail at jmann@dailyinterlake.com