


June 19, 2009
Discussion Topic: Are Hunting Accidents Crimes?
By Dave Hurteau
It’s a tough question. On one hand, prosecuting hunting accidents might force the irresponsible few to take safety more seriously--perhaps even encourage responsible hunters to be extra-cautious. On the other hand, how can you punish a man who’s just accidentally killed his own son?
From the Associated Press:
By the time the game warden arrived, Kevin Kadamus was sitting down and holding his 17-year-old son in his lap, a blanket covering the boy's bloodied body.
"He was trying to talk to his son, encouraging him to hang on," Warden David Gregory said.
Jacob Kadamus couldn't hang on. With a 12-gauge shotgun, his father had mistakenly shot him in the torso on the opening day of Vermont's turkey hunting season. He died at the scene.
Now, Kevin Kadamus must cope with more than remorse and grief. The 45-year-old computer consultant and father of three has been charged with manslaughter. . . .
Barry Latzer, a criminal law expert at the John Jay College of Criminal Justice in New York, said such shootings "are very tough cases, very gray-area cases."
"It sounds as if it was just a pure accident," he said. . . .
But [game warden David] Gregory said he refuses to call such cases accidents . . . .
"I've never seen a 17-year-old boy who looks anything like a turkey," he said.
Be sure to check out the full story, then tell us your reaction.
Comments (41)
If it's truly an accident then "NO" it's not a crime. But it seems that lately when someone is prosecuted for a "hunting accident" additional information is eventually released that shows there was some kind of gross negligence involved. There might be more to this story. We'll have to wait and see.
Game warden sounds like a real tool. Of course 17 year old boys don't look like turkey's, but that's not the only mistake a hunter can make.
I hate to see any kind of hunting accident, and have a hard time believing something like this could be anything more than just pure accidental. But, ENO is right, I'm sure more details will emerge as it's inspected more closely.
Personally I think the warden has a point. I realize mistakes can always happen but how could you mistake a 17-yr old kid for a turkey? I guess I'd have to be there to see how it happened but you should NEVER fire a gun when somebody is in front of you. I don't believe he wanted to kill his kid but he's stupid to have accidentally shot his son and needs to be disciplined in some way.
Offcourse hunters should be prosecuted for hunting accidents.. we r not ganbangers, we dont run away from our crimes, but take our punishments.. cos one of the fundamental vectors in such a shooting is identifying the prey be4 pulling the trigger.. so in such a case we do something so wrong others could be killed.. Cheyney should be in jail still.. that this tragedy had mortal ramifications for a family member, a son, is no excuse..
But i understand that this guy cant be punished anymore by sitting in a locked cell a decade.. what he did was unthinkable and they r gonna need to watch him closely and make sure he dont off himself while in jail..
and get him counseling after.. But as a hunter we need to ward that triggerfinger doubly closely after hearing of such an event.. WE r the keeper of our triggerfinger and might just have a split second to decide weather we shoot or not and sometimes we loose prey cos we ainth totally sure and that we have to respect.. And not be greedy.. let one get away more often if your not dang sure and teach your kids the dangers involved and not to moove into anothers shootingzone cos it might get them killed..
this dad missed on both things and was doubly wrong, but the punishment was just in this case i feel..
And getting automatically persecuted will deter anyone from covering theire murders as hunting accidents like in a previous article putting a clear division between accidental shooting otherwise and hunting..
peace out!
I feel for the guy. I'm with the previous posts on the fact that you are responsible for your shot.
I don't think all hunting accidents should lead to persecution. I do think that there's a gray area out there. If you take a shot at identified game and miss only to strike a guy in a ghillie suit 50 yards behind your target, it's tough to say you should have seen him.
I'm sure a lot of constant shooters out there have at some point in some way had or been around an accidental discharge when noone was hurt, but everybody walked away shaken and a little more safety conscious. Would that incident have been a crime if there was an injury?
This sounds more like an accident than a crime, but either way the dad made a serious hunter safety mistake. I think ENO is right--there's more to the story. The story doesn't really say how or why he pulled the trigger. If he just shot blindly at a sound or movement, that's reckless. I hope for his sake that there's a better explanation than that.
That is something that should be judged on a case by case basis. Each incident is different as noted above.
While I certainly feel for the father and I'm sure it was an accident, if the shooter had been a third party would we expect "him" to be prosecuted?
It's a great lesson for us all. No matter how experienced we may be, always, always, always identify your target.
Jim
i guess i couldn't say it's a crime unless the accident was because of somebody's stupidity. sometimes these accidents happen because the shooter doesnt identify their target or because the victim is wearing colors that relate to an animal, but this doesn't sound like one of those cases
We don't prosecute people for running red lights and killing people. I've never seen a red light that looked green. It should be investigated, but if it was an ACCIDENT then let the family grieve. http://www.dovehunting101.com
There is no way he should be charged. No father in his right mind would shoot his own, and if he's not in his right mind, then he should have a psychological evaluation, and if he fails you shouldn't charge him anyway because he is not in his right mind.
Nate
Reckless Homocide.
The word "accident" is used too much to bail people out of unsafe irresponsible behavior.
I've got one for all
Two kids in "orange jumpsuits" on a 4wheeler. Shot by step-dad in Colo. said he thought it "they" were an elk.
Both boys died, he was NOT charged.
It appears it be an accident, and this man will have to live with what he did for the rest of his life.
In the case, that should be punishment enough.
IDENTIFY YOUR TARGET ! ! !
handling firearms is a great responsibility, each case has to be considered on a case by case basis. i have seen incidents where someone was on a drive shooting at a deer and sprayed buckshot into standers well over a hundred yards away in heavy cover. the shooter had no idea the standers were there, and to be honest i can't believe the buckshot made it that far in heavy cover. however they were shooting at a deer. i can't really come up with a good excuse for shooting at something and not knowing what it is. which sounds like it is exactly what happened here. the father shot without knowing what he was shooting at and hit another person. that is basically textbook recklessness which resulted in a death. regardless of who died this man broke the law and should be punished accordingly by the law. yes it may have been a mistake but if he ran over a baby carriage with a car he'd be in the same mess.
If this truly was an accident, I grieve for the father and the life he will have to live. A real father would not hesitate to throw his body under a 18 wheeler to save his child. I know nothing of the details of this tragedy but I would be willing to bet that this father has never been trained in the safe handling of firearms. How in the world do you shoot at anything that is not identified as game? How do you not know where your son is sitting?
As i said this dad was charged and got the right sentence.. if all accidents was charged, but djudged individually then i dont see any problem.. he might have gotten a 10 year probationary sentence, but hes gonna live the rest of his life knowing he ended his sons life.. But still he shouldnt have shot at anything he couldnt identify atleast 99.99% surely..
peace out!!
Question-
Was there criminal intent,negligence?
The writer implies, by associating this deaths with others where it seems to have been the case, that the father shot his son because he thought he was a turkey in the brush. If that's the case, and assuming his son wasn't carrying a turkey decoy or something, there was negligence involved, and an appropriate charge should be leveled.
But since that cause for the firearm's discharge is only implied, I have a hard time reaching any definite conclusions. Did the father rise to greet his son, causing his trigger to snag on a branch, firing the gun? (If so, his muzzle was in an unsafe direction, but I don't think that's criminal negligence, IMO.) Did he shoot at an actual turkey while his son was simply unseen nearby? All we know was that the son was in his father's hunting area when the gun went off. Until we know more, there's no point in drawing too awful many conclusions.
On a mildly unrelated note, I think that one of the biggest problems with gun safety education in the U.S. today is that it treats the person being instructed as though he is a.) dumber than a rock and b.) mentally a child, to boot.
I figure this is (at least partly) because lots of gun safety material is designed for children just starting out and because people want to be very sure they communicate essential, basic messages.
But I also think there's an element of holier-than-thou gloating in a lot of these directives. And I think the cumulative effect is positively (and perhaps occasionally fatally) counterproductive.
Instead of treating gun safety like an adult matter that any mature person intending to handle a firearm should make a serious effort to master, we act like big kids lording it over little kids. And that leads people to dismiss gun safety — not because of the relevance of its content, but because of the vaguely insulting way it's often delivered.
if your not adult enough to accept learning gunsafety at kindergarden lvl then maybe u shouldnt be shooting at all.. Its set up so that even bush should be able to learn it:P
There a certain responsibilities you take when you arm yourself. One is not to shoot anyone or anything other than your quarry. An accident would be if he tripped and fell and his gun discharged. Taking aim and shooting without indentifying your target 100% is a crime of gross negligence. It is tragic that he killed his son. He will be riddled with guilt as long as he lives. Sad for sure, but he was criminally negligent when he shot at his son instead of a turkey. I do not want to hunt with or near anyone who calls this type of behavioer an accident.
hear hear!!!!!! people might make mistakes when hunting, but if they dont learn from them be4 lives are lost then dont hunt with them ever again..
potentially lost i meant....
"from ingebrigtsen:
If your not adult enough to accept learning gunsafety at kindergarden lvl then maybe u shouldnt be shooting at all.. Its set up so that even bush should be able to learn it:P"
I'm not against having gun safety presented to me simply. I'm against having it presented to me like I'm simple.
Please, be clear. Be concise. Use words everyone knows, and don't go into details that have nothing to do with the point.
What I'm going on about is the sort of attitude that says, "If you disagree with me, or fail to venerate me, you must be unsafe. And, while we're at it, I'm going speak to you rudely, in a way that implies that I think you are a fool for asking questions. If I don't understand your question, I will imply that it is foolish and/or that you are unsafe." I'm talking mostly about when sportsmen are interacting with each other, and with newcomers, more than I am about printed instructions or classroom lectures. Almost all of those have been very professionally done.
Your reply (although you may have been doing it tongue-in-cheek; it's hard to get tone of voice from written words) is sort of an example of this.
I said I thought some gun control advice is given quite rudely. Your response was to question whether or not I'm a safe shooter. You also had a legitimate point to raise, the importance of easy-to-understand gun-safety info, but it took a back seat to questioning my fitness to shoot.
p.s. I also think this is a great place to have these discussions, because it's not really appropriate to start heated debates around firearms, which is where most face-to-face conversations about gun safety take place.
Are accidents crimes - not usually... I can feel for the Wisconsin Warden because I am a warden myself, but I will say this:
It is the hunter's responsibility to know EXACTLY what his target is BEFORE the trigger is pulled. One of the most important gun safety rules to be certain of your target - and beyond. Without knowing fully the circumstances of the events that took place that day to leave a 17-year old boy dead, I can't say what I would do. I can say though, at least in Colorado, charges like manslaughter are brought on by the District Attorney's office, not officers...just something else to think about.
No matter how it ends up, I think it is a very sad story, and I wish everybody involved in this the best.
With that being said, for all the hunters that are reading this - NEVER pull the trigger on your gun, or release an arrow before you are absolutely 110% positive of what you are shooting at and, in the event you miss, what you will hit behind the animal. 99.9% of the time these accidents could be prevented if we, as hunters, would slow down and pay attention to the environment around us. Don't get tunnel vision and forget what you are doing and forget what that thing you are holding in you hands can do.
Well what i was getting at is that u teodoro should swallow your pride a bit and just take the abuse "from above" from theese selfinduced gods of gunsafety and just smile and show uve learned your lesson well.. The gunsafety laws on a firingrange is made so that even the most inbred bastard should get it and they r taught that way so there can be no misunderstandings unless your cheyney about them.. this said, my comment was tounge-in-cheek as u said but its still a matter of inflated pride when u dont recognise that even the most experienced of us can make mistakes sometimes.. only failsafe routines when handling weapons can make sure u dont accidentally discharge a weapon in harms way.. and having them so simple that u just can not fail to adhere to them if u actually are able to learn them is primary gunsafety and your responsibility as a hunter/shooter..
So bend over and take it and smile:P
I agree with Del. It's a case by case situation. I've never understood the ratio of hunter accidents associated with turkey hunters compared to other game hunting but this warden sounds like a real power loving dumb ass.
I never do say anything at the time. No point. And, like I said, I don't like starting arguments in the middle of a bunch of guns. But I will mention here that it bugs me.
No firing range I have ever visited has had the sort of attitude that I'm complaining about. In fact, if more people acted like firing-range instructors, I'd be a much happier, much better-adjusted human being.
I also know everyone makes mistakes, and I'm not arguing that I don't. I'm arguing that jerks using gun safety rules as cover for being jerks are still jerks.
I personaly know of 2 people that were shot in turkey season,luckly they are still alive.Tim was shot in the shoulder with a scoped .243 I dont know how you could do that.As far as accidents In my opinion the only way it could be a accident is if you shoot at or thru a animal and the projectial travels past your game to a person who couldnt be seen,as far as the guy who said about the buckshot traveling to the watchers or standers any of the drives I was ever in, driver's were not permitted to shoot unless the animals came behind you and watchers were not permitted to shoot till the deer or bear made it past the watchers, putting on a drive and shooting into it is asking to shoot your buddy and it happens every year.It is everybody's own responsability to make sure of what you are shootingat, if I ever shoot a person by mistake I deserve to be in jail.
I had an adjacent landowner once tell me he likes to walk in the woods, and not to shoot him, thankyou. I told him unless he had very lifelike a deer costume with a nice rack, he'd be safe. I cannot imagine that people shoot at movement or noise in the woods w/out being ABSOLUTELY sure what they are shooting at! How do you make a good shot when you don't even know what you are shooting at? Idiots. Makes me think twice about going in in the morning in camo w/o a flashlight!
Regardless, the shooter is responsible for the projectile or projectiles from departure from to the final resting point and hope no one will ever step on it to slip and fall or an arrow in the grass to stick someone in the foot or any other injury or damage it may cause.
If I was the Judge,
I support the ruling of reckless homicide
However!
The charge of reckless homicide would be dropped because of the statement of Sheffield-Wheelock Fire Chief Marc Brown.
I would have ruled because of Mr. Klaseus academia and what he has went thru would make him a valuable person and ordered him to perform 400 hours of community service to assist Instructors in Hunter Safety courses in a satisfactory proactive manner. Also to assign a “PROSPORTSMEN” Mental Health Doctor to treat and monitor Mr. Klaseus condition for post accident stress and suicide prevention.
Each case should be judged on its individual merits. That's the bottom line. Sometimes a hunting incident is negligent and senseless, such as the individuals who shoot at what they "thought" was game. There's simply no excuse for that... and tragedy or not, there needs to be a consistent and appropriate penalty for that kind of negligence.
On the other end of the spectrum, sometimes real accidents happen. I don't care how cautious you are about muzzle-control, there's always a chance that something could go wrong. It only takes a few seconds.
Let the judge and jury make the decisions based on the facts and evidence.
The 10 Commandments of Gun Safety are designed to prevent "accidents". They happen, but it almost always results from failure to follow the rules. I'm not saying I haven't broken them myself, just that when tragedy strikes, like in this case, it usually means someone made a bad decision.
That being said my heart goes out to this guy, at fault or not. If it happened to me they would probably be bringing two body bags to the site. He will definitely need all the counseling and suicide prevention possible to deal with the consequences of that trigger pull.
I believe the toughest part about a case like this is proving that it was actually indeed an accident. If so, then he should not be penalized severely... i mean the fact that he killed his own son is cruel and unusual torture within itself.
Stupid id as stupid does and manslaughter is manslaughter. If the jury decides for mercy, so be it, but this is why we have courts. The warden did his duty. The father will suffer emotionally, as will his family and community, but the law is not about emotion.
And I agree that Cheney should be in jail for shooting his buddy on a canned hunt, just as Huckabee should have lost his hunting licence for pointing his shotgun at the media. You don't aim at anything you do not intend to blow away, whether the gun is loaded or not.
As for this case, gross negligence or pure accident has to be decided in court.
I agree with most of the posts above...if you are shooting a gun you should be held responsible for whatever/whoever it is that you shoot. Hunting is very different from most sports in that your actions can change lives forever. There is no such thing as being too careful.
This topic instigated some great discussion and debate. The one thing I think we all agree on is to be sure of your target before you shoot.
The most dangerous person I ever knew with a gun was the Chief of Ground Safety!
75 yards apart and pulled down on a jackrabbit between us with a 30-06!
this same fella will never stay with the group, I was on the far left he was on my right and the other 3 to his right sounded like a fire fight on a coyote and he’s trucking 45 degrees 200 yards out in front of them the next I knew!
We all were all using center fire and his excuse?
That 130 grain 30-06 will not ricochet and I go were the rabbits are!
Do we have a winner here!
Two accidents we know of now, one with this Father fatally shooting his son and Vice President Cheney.
So what’s the difference here?
The Father should have indentified the target before even shouldering his gun.
As with VP Dick Chaney, the fella who was shot should have gotten everyone’s attention especially VP Chaney’s he was present and location, not just jump in and start hunting.
I think it's a terrible tragedy. If the law says you must prosecute, then so be it, but hopefully the judge will show mercy in this case. That man will be serving a life sentence of pain, whether he spends a day in jail or not. As for the past VP, not the least bit surprised he didn't face charges. What's good for the goose ain't good for the gander unfortunately.
Lawyers are helping to ruin our country no offence. I mean the bad ones. Warning stickers have to be placed on mowers saying no putting your hands near the blades! One even tried to sue God! Now a case where an accident happens and the father is charged with manslaughter. Imagine the sorrow the father has, and he gets imprisoned? stuff happens, and getting up every morning we need to be aware that we take risks by placing our feet on the floor and facing the day. I can only imagine the emotions the father felt by ending a family member's life. God bless that family.
You should google "hunting accident and cash" they have a loooooong list of "harvested" hunters even their own children. Well, that is what happens when you destroy inncoent sentient lives and personally I have no sympathy for the families when this happens because they had absolutely none for the innocent animals. An eye for an eye thats is what many of us believe.
this is why firearm safety is stressed so much. there are no exuses for apathy towards safety. you should always point your gun in a safe direction, treat every gun as though it were loaded, make sure the safety is on until you shoot, keep your finger off the trigger until your shooting, make sure guns are unloaded when not in use, positively identify your target, and teach and stress safety on to others. if you do all that and shoot someone then it is for sure an accident. if you were not being safe and careless then you diserve your convictions
It is a tough call. I think that judgement on each case cannot be made until after an investigation is completed.
from CarolineTC wrote 2 weeks 5 days ago
You should google "hunting accident and cash" they have a loooooong list of "harvested" hunters even their own children. Well, that is what happens when you destroy inncoent sentient lives and personally I have no sympathy for the families when this happens because they had absolutely none for the innocent animals. An eye for an eye thats is what many of us believe.
That is an utterly cruel and heartless thing to say. I dont believe ive ever been this disgusted. Its because of people like you calling our servicemen and women "babykillers" and "war criminals" that posttramatic stress is higher than ever. I hope your proud. Im also curious to know how you sleep at night.
husseya, did you have mercy for the animals your people slaughter for "sports"? Your kinds seems to expect mercy when you give none to those who are at your mercy.
Here is another hunting accident that took life of a child.
http://www.all-creatures.org/cash/taah-sh-20090710.html
How about the innocent children like the one that got hit in the neck by a bullet coming from a tree stand? What if this 11 year old bullet went to an innocent child then what?
You all "enjoy" the outdoor then put the weapons down and enjoy it without killing, yes its possible.
I can see how some people would say that it was just a very bad mistake. But there is no way in hell I would shoot at something that I "thought" was a turkey. I would have to be 1000% sure of my target before I pulled the trigger. The father should have been WAY MORE CAREFUL.......!
Post a Comment
If it's truly an accident then "NO" it's not a crime. But it seems that lately when someone is prosecuted for a "hunting accident" additional information is eventually released that shows there was some kind of gross negligence involved. There might be more to this story. We'll have to wait and see.
Game warden sounds like a real tool. Of course 17 year old boys don't look like turkey's, but that's not the only mistake a hunter can make.
I hate to see any kind of hunting accident, and have a hard time believing something like this could be anything more than just pure accidental. But, ENO is right, I'm sure more details will emerge as it's inspected more closely.
I feel for the guy. I'm with the previous posts on the fact that you are responsible for your shot.
I don't think all hunting accidents should lead to persecution. I do think that there's a gray area out there. If you take a shot at identified game and miss only to strike a guy in a ghillie suit 50 yards behind your target, it's tough to say you should have seen him.
I'm sure a lot of constant shooters out there have at some point in some way had or been around an accidental discharge when noone was hurt, but everybody walked away shaken and a little more safety conscious. Would that incident have been a crime if there was an injury?
This sounds more like an accident than a crime, but either way the dad made a serious hunter safety mistake. I think ENO is right--there's more to the story. The story doesn't really say how or why he pulled the trigger. If he just shot blindly at a sound or movement, that's reckless. I hope for his sake that there's a better explanation than that.
That is something that should be judged on a case by case basis. Each incident is different as noted above.
While I certainly feel for the father and I'm sure it was an accident, if the shooter had been a third party would we expect "him" to be prosecuted?
It's a great lesson for us all. No matter how experienced we may be, always, always, always identify your target.
Jim
i guess i couldn't say it's a crime unless the accident was because of somebody's stupidity. sometimes these accidents happen because the shooter doesnt identify their target or because the victim is wearing colors that relate to an animal, but this doesn't sound like one of those cases
Reckless Homocide.
The word "accident" is used too much to bail people out of unsafe irresponsible behavior.
Two accidents we know of now, one with this Father fatally shooting his son and Vice President Cheney.
So what’s the difference here?
The Father should have indentified the target before even shouldering his gun.
As with VP Dick Chaney, the fella who was shot should have gotten everyone’s attention especially VP Chaney’s he was present and location, not just jump in and start hunting.
Personally I think the warden has a point. I realize mistakes can always happen but how could you mistake a 17-yr old kid for a turkey? I guess I'd have to be there to see how it happened but you should NEVER fire a gun when somebody is in front of you. I don't believe he wanted to kill his kid but he's stupid to have accidentally shot his son and needs to be disciplined in some way.
Offcourse hunters should be prosecuted for hunting accidents.. we r not ganbangers, we dont run away from our crimes, but take our punishments.. cos one of the fundamental vectors in such a shooting is identifying the prey be4 pulling the trigger.. so in such a case we do something so wrong others could be killed.. Cheyney should be in jail still.. that this tragedy had mortal ramifications for a family member, a son, is no excuse..
But i understand that this guy cant be punished anymore by sitting in a locked cell a decade.. what he did was unthinkable and they r gonna need to watch him closely and make sure he dont off himself while in jail..
and get him counseling after.. But as a hunter we need to ward that triggerfinger doubly closely after hearing of such an event.. WE r the keeper of our triggerfinger and might just have a split second to decide weather we shoot or not and sometimes we loose prey cos we ainth totally sure and that we have to respect.. And not be greedy.. let one get away more often if your not dang sure and teach your kids the dangers involved and not to moove into anothers shootingzone cos it might get them killed..
this dad missed on both things and was doubly wrong, but the punishment was just in this case i feel..
And getting automatically persecuted will deter anyone from covering theire murders as hunting accidents like in a previous article putting a clear division between accidental shooting otherwise and hunting..
peace out!
We don't prosecute people for running red lights and killing people. I've never seen a red light that looked green. It should be investigated, but if it was an ACCIDENT then let the family grieve. http://www.dovehunting101.com
I've got one for all
Two kids in "orange jumpsuits" on a 4wheeler. Shot by step-dad in Colo. said he thought it "they" were an elk.
Both boys died, he was NOT charged.
It appears it be an accident, and this man will have to live with what he did for the rest of his life.
In the case, that should be punishment enough.
IDENTIFY YOUR TARGET ! ! !
If this truly was an accident, I grieve for the father and the life he will have to live. A real father would not hesitate to throw his body under a 18 wheeler to save his child. I know nothing of the details of this tragedy but I would be willing to bet that this father has never been trained in the safe handling of firearms. How in the world do you shoot at anything that is not identified as game? How do you not know where your son is sitting?
Question-
Was there criminal intent,negligence?
There a certain responsibilities you take when you arm yourself. One is not to shoot anyone or anything other than your quarry. An accident would be if he tripped and fell and his gun discharged. Taking aim and shooting without indentifying your target 100% is a crime of gross negligence. It is tragic that he killed his son. He will be riddled with guilt as long as he lives. Sad for sure, but he was criminally negligent when he shot at his son instead of a turkey. I do not want to hunt with or near anyone who calls this type of behavioer an accident.
Are accidents crimes - not usually... I can feel for the Wisconsin Warden because I am a warden myself, but I will say this:
It is the hunter's responsibility to know EXACTLY what his target is BEFORE the trigger is pulled. One of the most important gun safety rules to be certain of your target - and beyond. Without knowing fully the circumstances of the events that took place that day to leave a 17-year old boy dead, I can't say what I would do. I can say though, at least in Colorado, charges like manslaughter are brought on by the District Attorney's office, not officers...just something else to think about.
No matter how it ends up, I think it is a very sad story, and I wish everybody involved in this the best.
With that being said, for all the hunters that are reading this - NEVER pull the trigger on your gun, or release an arrow before you are absolutely 110% positive of what you are shooting at and, in the event you miss, what you will hit behind the animal. 99.9% of the time these accidents could be prevented if we, as hunters, would slow down and pay attention to the environment around us. Don't get tunnel vision and forget what you are doing and forget what that thing you are holding in you hands can do.
I never do say anything at the time. No point. And, like I said, I don't like starting arguments in the middle of a bunch of guns. But I will mention here that it bugs me.
No firing range I have ever visited has had the sort of attitude that I'm complaining about. In fact, if more people acted like firing-range instructors, I'd be a much happier, much better-adjusted human being.
I also know everyone makes mistakes, and I'm not arguing that I don't. I'm arguing that jerks using gun safety rules as cover for being jerks are still jerks.
Regardless, the shooter is responsible for the projectile or projectiles from departure from to the final resting point and hope no one will ever step on it to slip and fall or an arrow in the grass to stick someone in the foot or any other injury or damage it may cause.
If I was the Judge,
I support the ruling of reckless homicide
However!
The charge of reckless homicide would be dropped because of the statement of Sheffield-Wheelock Fire Chief Marc Brown.
I would have ruled because of Mr. Klaseus academia and what he has went thru would make him a valuable person and ordered him to perform 400 hours of community service to assist Instructors in Hunter Safety courses in a satisfactory proactive manner. Also to assign a “PROSPORTSMEN” Mental Health Doctor to treat and monitor Mr. Klaseus condition for post accident stress and suicide prevention.
Lawyers are helping to ruin our country no offence. I mean the bad ones. Warning stickers have to be placed on mowers saying no putting your hands near the blades! One even tried to sue God! Now a case where an accident happens and the father is charged with manslaughter. Imagine the sorrow the father has, and he gets imprisoned? stuff happens, and getting up every morning we need to be aware that we take risks by placing our feet on the floor and facing the day. I can only imagine the emotions the father felt by ending a family member's life. God bless that family.
There is no way he should be charged. No father in his right mind would shoot his own, and if he's not in his right mind, then he should have a psychological evaluation, and if he fails you shouldn't charge him anyway because he is not in his right mind.
Nate
handling firearms is a great responsibility, each case has to be considered on a case by case basis. i have seen incidents where someone was on a drive shooting at a deer and sprayed buckshot into standers well over a hundred yards away in heavy cover. the shooter had no idea the standers were there, and to be honest i can't believe the buckshot made it that far in heavy cover. however they were shooting at a deer. i can't really come up with a good excuse for shooting at something and not knowing what it is. which sounds like it is exactly what happened here. the father shot without knowing what he was shooting at and hit another person. that is basically textbook recklessness which resulted in a death. regardless of who died this man broke the law and should be punished accordingly by the law. yes it may have been a mistake but if he ran over a baby carriage with a car he'd be in the same mess.
As i said this dad was charged and got the right sentence.. if all accidents was charged, but djudged individually then i dont see any problem.. he might have gotten a 10 year probationary sentence, but hes gonna live the rest of his life knowing he ended his sons life.. But still he shouldnt have shot at anything he couldnt identify atleast 99.99% surely..
peace out!!
The writer implies, by associating this deaths with others where it seems to have been the case, that the father shot his son because he thought he was a turkey in the brush. If that's the case, and assuming his son wasn't carrying a turkey decoy or something, there was negligence involved, and an appropriate charge should be leveled.
But since that cause for the firearm's discharge is only implied, I have a hard time reaching any definite conclusions. Did the father rise to greet his son, causing his trigger to snag on a branch, firing the gun? (If so, his muzzle was in an unsafe direction, but I don't think that's criminal negligence, IMO.) Did he shoot at an actual turkey while his son was simply unseen nearby? All we know was that the son was in his father's hunting area when the gun went off. Until we know more, there's no point in drawing too awful many conclusions.
On a mildly unrelated note, I think that one of the biggest problems with gun safety education in the U.S. today is that it treats the person being instructed as though he is a.) dumber than a rock and b.) mentally a child, to boot.
I figure this is (at least partly) because lots of gun safety material is designed for children just starting out and because people want to be very sure they communicate essential, basic messages.
But I also think there's an element of holier-than-thou gloating in a lot of these directives. And I think the cumulative effect is positively (and perhaps occasionally fatally) counterproductive.
Instead of treating gun safety like an adult matter that any mature person intending to handle a firearm should make a serious effort to master, we act like big kids lording it over little kids. And that leads people to dismiss gun safety — not because of the relevance of its content, but because of the vaguely insulting way it's often delivered.
if your not adult enough to accept learning gunsafety at kindergarden lvl then maybe u shouldnt be shooting at all.. Its set up so that even bush should be able to learn it:P
hear hear!!!!!! people might make mistakes when hunting, but if they dont learn from them be4 lives are lost then dont hunt with them ever again..
"from ingebrigtsen:
If your not adult enough to accept learning gunsafety at kindergarden lvl then maybe u shouldnt be shooting at all.. Its set up so that even bush should be able to learn it:P"
I'm not against having gun safety presented to me simply. I'm against having it presented to me like I'm simple.
Please, be clear. Be concise. Use words everyone knows, and don't go into details that have nothing to do with the point.
What I'm going on about is the sort of attitude that says, "If you disagree with me, or fail to venerate me, you must be unsafe. And, while we're at it, I'm going speak to you rudely, in a way that implies that I think you are a fool for asking questions. If I don't understand your question, I will imply that it is foolish and/or that you are unsafe." I'm talking mostly about when sportsmen are interacting with each other, and with newcomers, more than I am about printed instructions or classroom lectures. Almost all of those have been very professionally done.
Your reply (although you may have been doing it tongue-in-cheek; it's hard to get tone of voice from written words) is sort of an example of this.
I said I thought some gun control advice is given quite rudely. Your response was to question whether or not I'm a safe shooter. You also had a legitimate point to raise, the importance of easy-to-understand gun-safety info, but it took a back seat to questioning my fitness to shoot.
p.s. I also think this is a great place to have these discussions, because it's not really appropriate to start heated debates around firearms, which is where most face-to-face conversations about gun safety take place.
Well what i was getting at is that u teodoro should swallow your pride a bit and just take the abuse "from above" from theese selfinduced gods of gunsafety and just smile and show uve learned your lesson well.. The gunsafety laws on a firingrange is made so that even the most inbred bastard should get it and they r taught that way so there can be no misunderstandings unless your cheyney about them.. this said, my comment was tounge-in-cheek as u said but its still a matter of inflated pride when u dont recognise that even the most experienced of us can make mistakes sometimes.. only failsafe routines when handling weapons can make sure u dont accidentally discharge a weapon in harms way.. and having them so simple that u just can not fail to adhere to them if u actually are able to learn them is primary gunsafety and your responsibility as a hunter/shooter..
So bend over and take it and smile:P
I agree with Del. It's a case by case situation. I've never understood the ratio of hunter accidents associated with turkey hunters compared to other game hunting but this warden sounds like a real power loving dumb ass.
I personaly know of 2 people that were shot in turkey season,luckly they are still alive.Tim was shot in the shoulder with a scoped .243 I dont know how you could do that.As far as accidents In my opinion the only way it could be a accident is if you shoot at or thru a animal and the projectial travels past your game to a person who couldnt be seen,as far as the guy who said about the buckshot traveling to the watchers or standers any of the drives I was ever in, driver's were not permitted to shoot unless the animals came behind you and watchers were not permitted to shoot till the deer or bear made it past the watchers, putting on a drive and shooting into it is asking to shoot your buddy and it happens every year.It is everybody's own responsability to make sure of what you are shootingat, if I ever shoot a person by mistake I deserve to be in jail.
I had an adjacent landowner once tell me he likes to walk in the woods, and not to shoot him, thankyou. I told him unless he had very lifelike a deer costume with a nice rack, he'd be safe. I cannot imagine that people shoot at movement or noise in the woods w/out being ABSOLUTELY sure what they are shooting at! How do you make a good shot when you don't even know what you are shooting at? Idiots. Makes me think twice about going in in the morning in camo w/o a flashlight!
Each case should be judged on its individual merits. That's the bottom line. Sometimes a hunting incident is negligent and senseless, such as the individuals who shoot at what they "thought" was game. There's simply no excuse for that... and tragedy or not, there needs to be a consistent and appropriate penalty for that kind of negligence.
On the other end of the spectrum, sometimes real accidents happen. I don't care how cautious you are about muzzle-control, there's always a chance that something could go wrong. It only takes a few seconds.
Let the judge and jury make the decisions based on the facts and evidence.
The 10 Commandments of Gun Safety are designed to prevent "accidents". They happen, but it almost always results from failure to follow the rules. I'm not saying I haven't broken them myself, just that when tragedy strikes, like in this case, it usually means someone made a bad decision.
That being said my heart goes out to this guy, at fault or not. If it happened to me they would probably be bringing two body bags to the site. He will definitely need all the counseling and suicide prevention possible to deal with the consequences of that trigger pull.
I believe the toughest part about a case like this is proving that it was actually indeed an accident. If so, then he should not be penalized severely... i mean the fact that he killed his own son is cruel and unusual torture within itself.
I agree with most of the posts above...if you are shooting a gun you should be held responsible for whatever/whoever it is that you shoot. Hunting is very different from most sports in that your actions can change lives forever. There is no such thing as being too careful.
This topic instigated some great discussion and debate. The one thing I think we all agree on is to be sure of your target before you shoot.
The most dangerous person I ever knew with a gun was the Chief of Ground Safety!
75 yards apart and pulled down on a jackrabbit between us with a 30-06!
this same fella will never stay with the group, I was on the far left he was on my right and the other 3 to his right sounded like a fire fight on a coyote and he’s trucking 45 degrees 200 yards out in front of them the next I knew!
We all were all using center fire and his excuse?
That 130 grain 30-06 will not ricochet and I go were the rabbits are!
Do we have a winner here!
I think it's a terrible tragedy. If the law says you must prosecute, then so be it, but hopefully the judge will show mercy in this case. That man will be serving a life sentence of pain, whether he spends a day in jail or not. As for the past VP, not the least bit surprised he didn't face charges. What's good for the goose ain't good for the gander unfortunately.
this is why firearm safety is stressed so much. there are no exuses for apathy towards safety. you should always point your gun in a safe direction, treat every gun as though it were loaded, make sure the safety is on until you shoot, keep your finger off the trigger until your shooting, make sure guns are unloaded when not in use, positively identify your target, and teach and stress safety on to others. if you do all that and shoot someone then it is for sure an accident. if you were not being safe and careless then you diserve your convictions
It is a tough call. I think that judgement on each case cannot be made until after an investigation is completed.
from CarolineTC wrote 2 weeks 5 days ago
You should google "hunting accident and cash" they have a loooooong list of "harvested" hunters even their own children. Well, that is what happens when you destroy inncoent sentient lives and personally I have no sympathy for the families when this happens because they had absolutely none for the innocent animals. An eye for an eye thats is what many of us believe.
That is an utterly cruel and heartless thing to say. I dont believe ive ever been this disgusted. Its because of people like you calling our servicemen and women "babykillers" and "war criminals" that posttramatic stress is higher than ever. I hope your proud. Im also curious to know how you sleep at night.
I can see how some people would say that it was just a very bad mistake. But there is no way in hell I would shoot at something that I "thought" was a turkey. I would have to be 1000% sure of my target before I pulled the trigger. The father should have been WAY MORE CAREFUL.......!
potentially lost i meant....
Stupid id as stupid does and manslaughter is manslaughter. If the jury decides for mercy, so be it, but this is why we have courts. The warden did his duty. The father will suffer emotionally, as will his family and community, but the law is not about emotion.
And I agree that Cheney should be in jail for shooting his buddy on a canned hunt, just as Huckabee should have lost his hunting licence for pointing his shotgun at the media. You don't aim at anything you do not intend to blow away, whether the gun is loaded or not.
As for this case, gross negligence or pure accident has to be decided in court.
husseya, did you have mercy for the animals your people slaughter for "sports"? Your kinds seems to expect mercy when you give none to those who are at your mercy.
Here is another hunting accident that took life of a child.
http://www.all-creatures.org/cash/taah-sh-20090710.html
How about the innocent children like the one that got hit in the neck by a bullet coming from a tree stand? What if this 11 year old bullet went to an innocent child then what?
You all "enjoy" the outdoor then put the weapons down and enjoy it without killing, yes its possible.
You should google "hunting accident and cash" they have a loooooong list of "harvested" hunters even their own children. Well, that is what happens when you destroy inncoent sentient lives and personally I have no sympathy for the families when this happens because they had absolutely none for the innocent animals. An eye for an eye thats is what many of us believe.
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