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Discussion Topic: On Hunting Accidents and Jail Time

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August 20, 2009

Discussion Topic: On Hunting Accidents and Jail Time

By Dave Hurteau

In the last couple of years, two Vermont hunters received jail time—each a little less than a year—after fatally shooting persons they mistook for game. This week, two men were convicted of similar shootings in Vermont, but received lighter sentences.

From WCAX News:

Kevin Kadamus of Wheelock received a deferred sentence for killing his teenage son. Kadamus will serve no jail time and will get his record erased in 3 years.

John Boppel of Ashland, Pa., was sentenced to 18 weeks in jail after pleading guilty to wounding a man he mistook for a bear while hunting in Granby, Vt. . . .

"I think what it resulted in is a recognition from the state that not every mistake is a crime. . .," explained David Sleigh, the lawyer for Kevin Kadamus.

Do you think the Vermont courts are moving in the right direction on this issue? Should incidents in which a hunter fails to correctly identify his target be crimes? And if so, what’s a fair punishment?

 

Comments (28)

Top Rated
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from ranger2 wrote 2 years 39 weeks ago

Without delving into great degrees of subjectivity, each case need to be evaluated on an individual basis, and prosecuted accordingly. Varying levels of negligence or malice, as the case may be, deserve varying severities of punishment. The state should prosecute on criminal grounds only if applicable. Civil charges are another story, and wrongful death suits should be allowed~ even an honest mistake will not bring back the value and role a person plays in the supporting of their families, and some retribution should be alowable.
I think the right thing was done with the case of the father/son. He probably doesn't need any jail time- his remorse is likely more than he can bear.

+8 Good Comment? | | Report
from Outsider wrote 2 years 39 weeks ago

I have a friend who accidentally shot and killed his brother when they were much younger...i think they were 11 and 13 years old, the younger accidentally shot the older in the back while pursuing a fox, he loaded the shotgun while on the move and accidentally discharged the weapon...He is now 25 years old and he still grieves over the loss of his older brother. I agree with ranger 2 to the fullest extent, I get chills thinking about the remorse I would feel if I had accidentally shot my brother. It would be much worse than any jail time or penelity a court could hand to me. I just hope that i am never involved in a hunting accident, nor anyone for that matter.

+4 Good Comment? | | Report
from Elmer Fudd wrote 2 years 39 weeks ago

seems like they are weighing circumstances pretty heavy. One guy got the book thrown at him for shooting a farmer, I think that's understandable

+1 Good Comment? | | Report
from Bob81 wrote 2 years 39 weeks ago

Good comments above. I also think not all hunting accidents are created equally.

If someone accidently shoots someone wearing blaze orange because they had been drinking in the local tavern all morning and "saw movement", absolutely jail time.

If someone accidently shoots someone because they tripped and thier weapon discharged, I think that is a much grayer of an area...

+4 Good Comment? | | Report
from Clay Cooper wrote 2 years 39 weeks ago

As I commented earlier in another post,

I agree with the outcome of the trial, no jail time. The Father paid the most ultimate price, the loss of a lifelong friend and Son. Even to look in the Mothers eyes is beyond words and comprehension. What harsher punishment can be, even Capital Punishment to some would be welcome to end the heart and soul sheering pain of the loss of a love one yet alone another life.
Hunter Safety is always paramount and we can never be complacent and must be vigilant at all times.

My heart and prayers go out to the Father and Mother and Family, and Friends and to the community

I hope someone learns something from this tragedy!

As for Caledonia County prosecutor Lisa Warren, I find her pathetic trying to score points and add notches to her resume. I find no glory in what she tried to do!!

Now saying that, I can see how someone can pull the trigger by mistaking the target. The anxiety and Adrenaline Rush which overwhelms or mind and senses overpowering logic and reason.

I do know my skills of shooting are different from others. When the safety goes off, my finger still remains solidly out of the trigger guard and high parallel to the bolt or as if pointing towards the target until proper target acquisitioning is obtained and then in my mind a series of fail safes are instantly made and calculated to shoot? Don’t Shoot? Pass? INSTANT ABORT BARREL STRAIGHT UP!

I’m human too,
I pray to God it never happens to me!

+5 Good Comment? | | Report
from Clay Cooper wrote 2 years 39 weeks ago

It's a sad day here in COOPSVILLE

+2 Good Comment? | | Report
from Koldkut wrote 2 years 39 weeks ago

Sorry Clay, can't say as I agree with this.

"Now saying that, I can see how someone can pull the trigger by mistaking the target. The anxiety and Adrenaline Rush which overwhelms or mind and senses overpowering logic and reason."

Dick Cheney would probably agree with that, but if you don't know, don't pull the trigger, period. Also, if you doin't know, don't use the scope to look, that's what field glasses are for.

+4 Good Comment? | | Report
from Mike Diehl wrote 2 years 39 weeks ago

"I think what it resulted in is a recognition from the state that not every mistake is a crime. . .," explained David Sleigh, the lawyer for Kevin Kadamus."

Mistaking a human for an animal IS a crime and the farking idiot should do jail time.

The only circumstance I can see for acquitting or giving minimum sentence to a shooting accident is when someone dressed out in camo is shot by some hunter who just did not see the victim. Anyone shot wearing camo gets a Darwin Award nomination.

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from ggmack wrote 2 years 39 weeks ago

I would say
always be sure of your target and what lies behind it.
keep your finger out of the trigger guard until you are on target and ready to shoot.

that said all hunting accidents are tragic.

+3 Good Comment? | | Report
from HogBlog wrote 2 years 39 weeks ago

Every accident is different, and no amount of hard-ass opinion can change the fact that sometimes it's criminally negligent, and sometimes it's just a tragic accident. It only takes a split second, and I don't know anyone who's 100% in control 100% of the time.

I'm glad to see so many other responses on here essentially agree with the idea that hunting accidents (or incidents) need to be reviewed on an individual basis.

+3 Good Comment? | | Report
from Mike Diehl wrote 2 years 39 weeks ago

Shooting another human being in the woods is ALWAYS criminally negligent unless the victim is in camo. Earth to dumbasses: Don't Shoot At Motion. Don't shoot at a frigging 'flash of white.' Don't shoot at sound.

ALWAYS ALWAYS ALWAYS have a clear view of your target. I don't give a rat's hind end if you're Shotgun Dick Cheney, Prince Albert, or the Lord High Emperor of the Universe Himself. If you shoot someone because you were quick on the trigger and quicker still on STUPID, you deserve five years of prison time at minimum.

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from shane wrote 2 years 39 weeks ago

Shooting someone because you thought they were a game animal is completely unacceptable and is absolutely a crime.

+2 Good Comment? | | Report
from Mike Diehl wrote 2 years 39 weeks ago

If you're not patient enough to wait for a clear view and a positive ID on your target you don't belong in the woods EVER. If your eyesight is so cruddy that you can have a full on view of a human and mistake him or her for a deer or bear, you should not even drive a car, much less hunt.

+2 Good Comment? | | Report
from Clay Cooper wrote 2 years 39 weeks ago

Koldkut, I’ve been called out on investigations of homicides, accident shootings and accidental firearm discharges.

To ignore the cause of those who pull the trigger by mistaking the target. The anxiety and Adrenaline Rush which overwhelms or mind and senses overpowering logic and reason." You fail to see the reason for the cause and by doing so you fail how to correct it! That alone makes the situation more deadly!

This reminds me of an alcoholic saying he doesn’t have a problem.

+7 Good Comment? | | Report
from WVOtter wrote 2 years 39 weeks ago

There is no excuse for mistaking a hunter for game, not knowing what's beyond your target, or shooting at movement/sound. A trip and fall type accident is a whole different ball game. Even if you're on private land and just saw a buck walk into some brush...you don't shoot into that brush without those fur covered vitals in your crosshairs! That's just safety and sportmanship so as to not just wound an animal.

+5 Good Comment? | | Report
from Clay Cooper wrote 2 years 39 weeks ago

I remember back in 75, I was helping to teach a Arkansas Hunter Safety Class and an Ol’Man told me the best shot for deer is a sound shot. I asked him what is a sound shot. A sound shot is what it sounds like. You hear the deer running thru the brush and you empty your gun on it! I corrected him on it and at the end of the course as I handed out the cards, he looked me straight in the face knowing he passed the course and restated his position on believing on sound shots and didn’t care what I thought. I failed him on the spot and the following week Game and Fish called to ask what happened. There reply? GOOD FOR YOU! They didn’t want this idiot out in the woods!!

+7 Good Comment? | | Report
from Clay Cooper wrote 2 years 39 weeks ago

WVOtter

WELCOME TO F&S and a +1 for you!

+1 Good Comment? | | Report
from Clay Cooper wrote 2 years 39 weeks ago

What did they say?

I didn’t know it was loaded!!

I got to say it I do!

I am so proud of my now 10 year old Grandson Alex even 2 years ago he picked up on Hunter Safety faster than anyone I have ever witnessed. Not only that, 2 weeks ago I put him through a Arkansas Hunter Safety course studied his tail off and he smoked it!

Perhaps scratch that, they need to run Hunter Safty short clips on the Outdoor and VS channel!

And speaking of the Outdoor channel and VS, have you noticed the shooter on these big game hunts are the only ones wearing hunter orange so who’s the idiots here! There are those who will try to slide out of the option of not wearing orange as motorcycle riders not wearing helmets!!!

Here’s your sign!

+2 Good Comment? | | Report
from Koldkut wrote 2 years 39 weeks ago

Clay, I hear ya, and I do agree that not all hunting accidents are the same and each has their own circumstances. But to say that someone mistook their target and pulled the trigger out of anxiety and adrenaline, that's someone who is plain out of control.

+2 Good Comment? | | Report
from seadog wrote 2 years 39 weeks ago

It's hard to imagine any way that a hunter could shoot someone and not be at fault. I'm sure I could come up with something if I twist my brain around enough, but it doesn't really happen in the real world. I can't agree with Mike D that every hunting accident deserves 5 years, but most of them rise to the level of criminal negligence, especially cases like these where a human is mistaken for game. Stay safe out there guys & gals!

+4 Good Comment? | | Report
from Clay Cooper wrote 2 years 39 weeks ago

Koldkut I cannot agree with you any more about someone who is plain out of control. I have seen this in someones home, on the line and in the field and there is no excuse!

The most dangerous person hunting with was the Chief of Ground Safety. He can talk the best of safety, but when comes to handling firearms there was a disconnect! I almost had to shoot him for self protection. We were about 50-70 yards apart and a jackrabbit was in the center of us and he drew down on it with his 30-06 and I was in directly in line of fire/ricochet etc

I know how the accident mechanism works ,

“The anxiety and Adrenaline Rush which overwhelms the mind and senses overpowering logic and reason”

+3 Good Comment? | | Report
from Clay Cooper wrote 2 years 39 weeks ago

seadog good point and a +1
There is no excuse and for those who pulled the trigger like I said earlier , What harsher punishment can be, even Capital Punishment to some would be welcome to end the heart and soul sheering pain of the loss of a love one yet alone another life.

It’s like one day I blew though a town and when I reached the other side I realized what I did and as I looked in the rearview mirror there he was. According to City Residents he is the meanest SOB COP on the planet! I didn’t care, I knew what I did and as I stepped out of the cab and handed him my license, registration and proof of insurance I told him I knew what I did and he can write every ticket in the book and I deserve it. It’s not the tickets it what I did! He looked at me and said how’s your driving record driver? Sir it was clean until now. He ran my license etc and came back and said, you have been passing thru here twice everyday for the past two years that I know of and since I haven’t wrote you a ticket I believe I shouldn’t write you one now. DON”T DO IT AGAIN!

So what’s my point?

We become and live our lives as model Citizens and one disastrous mistake and we are thrown under the jail?

So what should we do?

Who wants to cast the first stone!

+4 Good Comment? | | Report
from mattreney wrote 2 years 39 weeks ago

these were some good posts i likes mr coopers the most +1 to you a bunch of times
i do agree there is no excuss for wounding or even killing an animal or human (animal that wasnt supposed to be killed) you should automatically loose your hunting license for good along with all your firearms even if you do not hunt with them. if you cant use them saftely you dont deserve to have them you being armed isnt worth someones life a gun wont just fire someone needs to pull the trigger if your sights are on something but your not exactly sure what it is dont put your finger on the trigger if i see something i think is the game i am hunting i look around to make sure theres a safe backstop if i miss as i raise my gun and take the saftey off my hand stays on the gun (just above the trigger guard its more comfortable for me) and if i know where whatever i saw was i point my gun a little to the left of it so if i was stupid and pulled the trigger whatever it was wouldnt get hit.
whoever shoots at noise is an idiot they deserved to fail their course if i shot at everything i heard and thought might be game my dad would be shot about a dozen hunters like 20 dogs plus a ton more animals

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from Tim.T wrote 2 years 39 weeks ago

If it was preventable, and you are old enough to know better, then you belong in jail.

+3 Good Comment? | | Report
from JTC wrote 2 years 39 weeks ago

There is no excuse for shooting another person while hunting. Everyone needs to take a hunter safety course at least once. The first rule they teach you about firearms is to ALWAYS make sure the muzzle is pointed in a safe direction, so even if the gun accidentally discharges no one will be hurt. They also teach you to ALWAYS be sure of the identity of your target and what is beyond it. I'm not saying that shooting someone else while you are hunting is the same as murder, but I am saying that there is no reason for it to happen.

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from Kim wrote 2 years 39 weeks ago

Just like that idiot VP Cheney! Whatever happened to the rule of hunting and shooting? MAKE "SURE" OF YOUR TARGET BEFORE PUTTING YOUR FINGER ON THE TRIGGER! IF YOU'RE NOT SURE THEN PASS AND DON'T TAKE THE SHOT. Too many shoot em up cowboys in the woods nowadays

+3 Good Comment? | | Report
from Hammer wrote 2 years 39 weeks ago

Guys, time to set the record straight on the Father/Son incident. They were hunting on the first day of turkey season so they were NOT wearing orange and were in full cammo including face mask, so give the father a break. His lawyers do not want him to give the details, but there were reasons why this happened. He will be released to describe what happened after certain legal procedures are fulfilled. When you read the details 6 or 7 weeks from now, if you don't understand, you'll be completely stupid.

This case is not anything like the other one in VT so please do not even think about lumping them in the same boat.

Signed, someone who REALLY knows what happened.

+4 Good Comment? | | Report
from ranger2 wrote 2 years 39 weeks ago

Thanks Hammer... evidence before rhetoric, its a good policy.

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from Clay Cooper wrote 2 years 39 weeks ago

Thank Mr. Hammer
Knowing the mechanics how accidents happen help us to understand and how to prevent them I the future. Hate and discontent is not the answer her but the understanding what happened and how it happened and the conditions involved are the some of the keys for future prevention of another accidents! We can hammer every shooter in an accident, we especially the media start pushing both hunter and fishermen’s safety perhaps can prevent and drastically reduce future occurrences and near mishaps. Watch the sporting shows and watch only the shooter wearing hunter orange while the guide and rest of the crew walking around in full camo. Is this stupid or what! Even 2 years ago when my Grandson Alex was 8 was pointing this out to me. An 8 year old, YES AN 8 YEAR OLD! GET REAL OUTDOOR AND VS CHANNEL!

Stupid is what stupid does!
Forest Gump!

I sorry ranger2, a +1 for you evidence before rhetoric, its a good policy!

+1 Good Comment? | | Report
from Clay Cooper wrote 2 years 39 weeks ago

Those who respond in anger,
are not the fix to the problem,
but the problem that needs fixed!

+3 Good Comment? | | Report
from Clay Cooper wrote 2 years 39 weeks ago

We can react to every incident by yelling and waving our arms, but until we properly respond is the only way to fix this problem!

One person is reacting by yelling.
While the other is responding with the tool box.

Which person would you chose to fix the problem?

Here’s your sign!

+3 Good Comment? | | Report
from Hammer wrote 2 years 39 weeks ago

Thanks for understanding, fellas. I'm not so sure anyone of us would've avoided this mistake, but you have to know the entire sequence of events, weather conditions and positioning. A couple of months from now they'll probably put out the details.

I will say this about the plea though. The state agreed to it because it would've been very hard to plea their case. The father agreed to a plea of "No contest" because after three years of clean behavior (which has been his entire life) this entire incident will be completely esponged (deleted in its entirety) from his record. If he went to court two things could happen: first, he could get a bunch of liberals with an agenda and would be convicted simply because he wore cammo much less shot someone. Second, even if he was found innocent, it would remain on his record forever that he was charged. With the plea, after three years, it will be as if he never set foot in court.

The fact that he cannot sleep at night and has to replay the event in his mind many times every day for the rest of his life is more punishment than most of us could bear.

+2 Good Comment? | | Report
from sgaredneck wrote 2 years 39 weeks ago

I'm saddened every time I hear of a young person losing their life in a hunting accident.
I'm not going to condemn anyone involved in the forementioned accidents because I don't have all the information. I will make this statement and it starts with me. We as hunting peers often skip so many steps to get in the field 2 seconds faster to hopefully get the edge on the next great trophy. Slow down. THE TROPHY IS THE HUNT. Hunting is the polar opposite of the Mcdonalds drive-thru.
As for VIP's and accidents with I'll give my take. I have seen this scenario play out so many times. VIP goes hunting, takes entourage. More people tag along, drawn by well, whatever. Guide feels pressured to oblige everyone and makes assumption(s) that said VIP and hangers-on have their heads on straight. Pretty soon the safest living creature in this scenario is the _____________(fill in game species here). Result: Too many amped-up people in one area (it only takes one) to be safe no matter how many are experienced hunters. Do you think anyone ever stopped him and asked,"Mr. VIP, do you know your basic gun handling and hunter safety skills???"

+3 Good Comment? | | Report
from sgaredneck wrote 2 years 39 weeks ago

Clay,
Kudos to you for failing that sorry sack of poo (Mr. Sound Shot). Let's all remember too that every time there is any kind of hunting accident it is that much more ammunition for the people who don't want us to hunt. That's not as good a reason as being alive for the next hunt or the rest of a lifetime but it's another reason.

+3 Good Comment? | | Report
from HogBlog wrote 2 years 39 weeks ago

For those whose knees jerk and mouths run at the same time, not every hunting accident is someone shooting at a sound in the bushes, nor at a target they haven't identified. In my opinion, that IS criminal.

But we can only know what happened when we have the facts. Other things can happen when you're in the field with a tool as inherently dangerous as a firearm or bow.

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from steve182 wrote 2 years 39 weeks ago

I believe accidents (not just hunting accidents) are rarely criminal. Almost always there was no malice or ill intent, thus the moniker "accident", but in a case where someone shoots someone else, believing them to be a game animal, i believe their is an amount of negligence there making the act criminal. Accidental discharges and riccochets(rare) aside, as these are accidents, but not identifying your target and shooting a human is a willful pull of the trigger with disregard for the most basic rule of hunting. I'm not saying jailtime is always warranted, just that it is ALWAYS criminal.

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from steve182 wrote 2 years 39 weeks ago

A neighbor once came across me in the woods while i was bowhunting deer. He made some stupid comment about please not shooting him when i'm hunting. I responded that unless he dresses as a deer and walks on all fours with a decent set of horns on his head, there is zero chance I'll shoot him. Now i'm not perfect, but even if he did as described above, i would still not shoot him as it would be obvious to me that he was a stupid man in a deer suit and not my inteded target. These accidents are tragic, and the shooter must live with the consequence of his/her carelessness. Let them be a lesson to all of us!

+2 Good Comment? | | Report
from Clay Cooper wrote 2 years 39 weeks ago

As some of you know I get allot of snit over what I say. I say what I believe and do what I believe! Safety both Hunting and Fishing is all our responsibility, not even F&S to the Out Door Channel etc etc can we give them a pass to look the other way!

“Everything I did in life that was worthwhile I caught hell for.”
-former U.S. Supreme Court Chief Justice Earl Warren

GET ACTIVE AND SOUND OFF!

+3 Good Comment? | | Report
from 86Ram wrote 2 years 36 weeks ago

Hunter Education!
Identify and verify your target
Only take a shot if you have identified and verified your target.

The basics.

+1 Good Comment? | | Report
from FloridaHunter1226 wrote 2 years 32 weeks ago

If you are shooting at something you can not identify as the animal you are looking to hunt, then you have no business hunting. You are suppose to have a visual of the animal to make sure it is indeed the animal you wish to take and also to judge to the size and such. Shooting at something big and that is moving is not exactly responsible hutning, or hunting at all.

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from ranger2 wrote 2 years 39 weeks ago

Without delving into great degrees of subjectivity, each case need to be evaluated on an individual basis, and prosecuted accordingly. Varying levels of negligence or malice, as the case may be, deserve varying severities of punishment. The state should prosecute on criminal grounds only if applicable. Civil charges are another story, and wrongful death suits should be allowed~ even an honest mistake will not bring back the value and role a person plays in the supporting of their families, and some retribution should be alowable.
I think the right thing was done with the case of the father/son. He probably doesn't need any jail time- his remorse is likely more than he can bear.

+8 Good Comment? | | Report
from Clay Cooper wrote 2 years 39 weeks ago

Koldkut, I’ve been called out on investigations of homicides, accident shootings and accidental firearm discharges.

To ignore the cause of those who pull the trigger by mistaking the target. The anxiety and Adrenaline Rush which overwhelms or mind and senses overpowering logic and reason." You fail to see the reason for the cause and by doing so you fail how to correct it! That alone makes the situation more deadly!

This reminds me of an alcoholic saying he doesn’t have a problem.

+7 Good Comment? | | Report
from Clay Cooper wrote 2 years 39 weeks ago

I remember back in 75, I was helping to teach a Arkansas Hunter Safety Class and an Ol’Man told me the best shot for deer is a sound shot. I asked him what is a sound shot. A sound shot is what it sounds like. You hear the deer running thru the brush and you empty your gun on it! I corrected him on it and at the end of the course as I handed out the cards, he looked me straight in the face knowing he passed the course and restated his position on believing on sound shots and didn’t care what I thought. I failed him on the spot and the following week Game and Fish called to ask what happened. There reply? GOOD FOR YOU! They didn’t want this idiot out in the woods!!

+7 Good Comment? | | Report
from Clay Cooper wrote 2 years 39 weeks ago

As I commented earlier in another post,

I agree with the outcome of the trial, no jail time. The Father paid the most ultimate price, the loss of a lifelong friend and Son. Even to look in the Mothers eyes is beyond words and comprehension. What harsher punishment can be, even Capital Punishment to some would be welcome to end the heart and soul sheering pain of the loss of a love one yet alone another life.
Hunter Safety is always paramount and we can never be complacent and must be vigilant at all times.

My heart and prayers go out to the Father and Mother and Family, and Friends and to the community

I hope someone learns something from this tragedy!

As for Caledonia County prosecutor Lisa Warren, I find her pathetic trying to score points and add notches to her resume. I find no glory in what she tried to do!!

Now saying that, I can see how someone can pull the trigger by mistaking the target. The anxiety and Adrenaline Rush which overwhelms or mind and senses overpowering logic and reason.

I do know my skills of shooting are different from others. When the safety goes off, my finger still remains solidly out of the trigger guard and high parallel to the bolt or as if pointing towards the target until proper target acquisitioning is obtained and then in my mind a series of fail safes are instantly made and calculated to shoot? Don’t Shoot? Pass? INSTANT ABORT BARREL STRAIGHT UP!

I’m human too,
I pray to God it never happens to me!

+5 Good Comment? | | Report
from WVOtter wrote 2 years 39 weeks ago

There is no excuse for mistaking a hunter for game, not knowing what's beyond your target, or shooting at movement/sound. A trip and fall type accident is a whole different ball game. Even if you're on private land and just saw a buck walk into some brush...you don't shoot into that brush without those fur covered vitals in your crosshairs! That's just safety and sportmanship so as to not just wound an animal.

+5 Good Comment? | | Report
from Outsider wrote 2 years 39 weeks ago

I have a friend who accidentally shot and killed his brother when they were much younger...i think they were 11 and 13 years old, the younger accidentally shot the older in the back while pursuing a fox, he loaded the shotgun while on the move and accidentally discharged the weapon...He is now 25 years old and he still grieves over the loss of his older brother. I agree with ranger 2 to the fullest extent, I get chills thinking about the remorse I would feel if I had accidentally shot my brother. It would be much worse than any jail time or penelity a court could hand to me. I just hope that i am never involved in a hunting accident, nor anyone for that matter.

+4 Good Comment? | | Report
from Bob81 wrote 2 years 39 weeks ago

Good comments above. I also think not all hunting accidents are created equally.

If someone accidently shoots someone wearing blaze orange because they had been drinking in the local tavern all morning and "saw movement", absolutely jail time.

If someone accidently shoots someone because they tripped and thier weapon discharged, I think that is a much grayer of an area...

+4 Good Comment? | | Report
from Koldkut wrote 2 years 39 weeks ago

Sorry Clay, can't say as I agree with this.

"Now saying that, I can see how someone can pull the trigger by mistaking the target. The anxiety and Adrenaline Rush which overwhelms or mind and senses overpowering logic and reason."

Dick Cheney would probably agree with that, but if you don't know, don't pull the trigger, period. Also, if you doin't know, don't use the scope to look, that's what field glasses are for.

+4 Good Comment? | | Report
from seadog wrote 2 years 39 weeks ago

It's hard to imagine any way that a hunter could shoot someone and not be at fault. I'm sure I could come up with something if I twist my brain around enough, but it doesn't really happen in the real world. I can't agree with Mike D that every hunting accident deserves 5 years, but most of them rise to the level of criminal negligence, especially cases like these where a human is mistaken for game. Stay safe out there guys & gals!

+4 Good Comment? | | Report
from Clay Cooper wrote 2 years 39 weeks ago

seadog good point and a +1
There is no excuse and for those who pulled the trigger like I said earlier , What harsher punishment can be, even Capital Punishment to some would be welcome to end the heart and soul sheering pain of the loss of a love one yet alone another life.

It’s like one day I blew though a town and when I reached the other side I realized what I did and as I looked in the rearview mirror there he was. According to City Residents he is the meanest SOB COP on the planet! I didn’t care, I knew what I did and as I stepped out of the cab and handed him my license, registration and proof of insurance I told him I knew what I did and he can write every ticket in the book and I deserve it. It’s not the tickets it what I did! He looked at me and said how’s your driving record driver? Sir it was clean until now. He ran my license etc and came back and said, you have been passing thru here twice everyday for the past two years that I know of and since I haven’t wrote you a ticket I believe I shouldn’t write you one now. DON”T DO IT AGAIN!

So what’s my point?

We become and live our lives as model Citizens and one disastrous mistake and we are thrown under the jail?

So what should we do?

Who wants to cast the first stone!

+4 Good Comment? | | Report
from Hammer wrote 2 years 39 weeks ago

Guys, time to set the record straight on the Father/Son incident. They were hunting on the first day of turkey season so they were NOT wearing orange and were in full cammo including face mask, so give the father a break. His lawyers do not want him to give the details, but there were reasons why this happened. He will be released to describe what happened after certain legal procedures are fulfilled. When you read the details 6 or 7 weeks from now, if you don't understand, you'll be completely stupid.

This case is not anything like the other one in VT so please do not even think about lumping them in the same boat.

Signed, someone who REALLY knows what happened.

+4 Good Comment? | | Report
from ggmack wrote 2 years 39 weeks ago

I would say
always be sure of your target and what lies behind it.
keep your finger out of the trigger guard until you are on target and ready to shoot.

that said all hunting accidents are tragic.

+3 Good Comment? | | Report
from HogBlog wrote 2 years 39 weeks ago

Every accident is different, and no amount of hard-ass opinion can change the fact that sometimes it's criminally negligent, and sometimes it's just a tragic accident. It only takes a split second, and I don't know anyone who's 100% in control 100% of the time.

I'm glad to see so many other responses on here essentially agree with the idea that hunting accidents (or incidents) need to be reviewed on an individual basis.

+3 Good Comment? | | Report
from Mike Diehl wrote 2 years 39 weeks ago

Shooting another human being in the woods is ALWAYS criminally negligent unless the victim is in camo. Earth to dumbasses: Don't Shoot At Motion. Don't shoot at a frigging 'flash of white.' Don't shoot at sound.

ALWAYS ALWAYS ALWAYS have a clear view of your target. I don't give a rat's hind end if you're Shotgun Dick Cheney, Prince Albert, or the Lord High Emperor of the Universe Himself. If you shoot someone because you were quick on the trigger and quicker still on STUPID, you deserve five years of prison time at minimum.

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from Clay Cooper wrote 2 years 39 weeks ago

Koldkut I cannot agree with you any more about someone who is plain out of control. I have seen this in someones home, on the line and in the field and there is no excuse!

The most dangerous person hunting with was the Chief of Ground Safety. He can talk the best of safety, but when comes to handling firearms there was a disconnect! I almost had to shoot him for self protection. We were about 50-70 yards apart and a jackrabbit was in the center of us and he drew down on it with his 30-06 and I was in directly in line of fire/ricochet etc

I know how the accident mechanism works ,

“The anxiety and Adrenaline Rush which overwhelms the mind and senses overpowering logic and reason”

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from Tim.T wrote 2 years 39 weeks ago

If it was preventable, and you are old enough to know better, then you belong in jail.

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from Kim wrote 2 years 39 weeks ago

Just like that idiot VP Cheney! Whatever happened to the rule of hunting and shooting? MAKE "SURE" OF YOUR TARGET BEFORE PUTTING YOUR FINGER ON THE TRIGGER! IF YOU'RE NOT SURE THEN PASS AND DON'T TAKE THE SHOT. Too many shoot em up cowboys in the woods nowadays

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from Clay Cooper wrote 2 years 39 weeks ago

Those who respond in anger,
are not the fix to the problem,
but the problem that needs fixed!

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from Clay Cooper wrote 2 years 39 weeks ago

We can react to every incident by yelling and waving our arms, but until we properly respond is the only way to fix this problem!

One person is reacting by yelling.
While the other is responding with the tool box.

Which person would you chose to fix the problem?

Here’s your sign!

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from sgaredneck wrote 2 years 39 weeks ago

I'm saddened every time I hear of a young person losing their life in a hunting accident.
I'm not going to condemn anyone involved in the forementioned accidents because I don't have all the information. I will make this statement and it starts with me. We as hunting peers often skip so many steps to get in the field 2 seconds faster to hopefully get the edge on the next great trophy. Slow down. THE TROPHY IS THE HUNT. Hunting is the polar opposite of the Mcdonalds drive-thru.
As for VIP's and accidents with I'll give my take. I have seen this scenario play out so many times. VIP goes hunting, takes entourage. More people tag along, drawn by well, whatever. Guide feels pressured to oblige everyone and makes assumption(s) that said VIP and hangers-on have their heads on straight. Pretty soon the safest living creature in this scenario is the _____________(fill in game species here). Result: Too many amped-up people in one area (it only takes one) to be safe no matter how many are experienced hunters. Do you think anyone ever stopped him and asked,"Mr. VIP, do you know your basic gun handling and hunter safety skills???"

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from sgaredneck wrote 2 years 39 weeks ago

Clay,
Kudos to you for failing that sorry sack of poo (Mr. Sound Shot). Let's all remember too that every time there is any kind of hunting accident it is that much more ammunition for the people who don't want us to hunt. That's not as good a reason as being alive for the next hunt or the rest of a lifetime but it's another reason.

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from steve182 wrote 2 years 39 weeks ago

I believe accidents (not just hunting accidents) are rarely criminal. Almost always there was no malice or ill intent, thus the moniker "accident", but in a case where someone shoots someone else, believing them to be a game animal, i believe their is an amount of negligence there making the act criminal. Accidental discharges and riccochets(rare) aside, as these are accidents, but not identifying your target and shooting a human is a willful pull of the trigger with disregard for the most basic rule of hunting. I'm not saying jailtime is always warranted, just that it is ALWAYS criminal.

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from Clay Cooper wrote 2 years 39 weeks ago

As some of you know I get allot of snit over what I say. I say what I believe and do what I believe! Safety both Hunting and Fishing is all our responsibility, not even F&S to the Out Door Channel etc etc can we give them a pass to look the other way!

“Everything I did in life that was worthwhile I caught hell for.”
-former U.S. Supreme Court Chief Justice Earl Warren

GET ACTIVE AND SOUND OFF!

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from Clay Cooper wrote 2 years 39 weeks ago

It's a sad day here in COOPSVILLE

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from shane wrote 2 years 39 weeks ago

Shooting someone because you thought they were a game animal is completely unacceptable and is absolutely a crime.

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from Mike Diehl wrote 2 years 39 weeks ago

If you're not patient enough to wait for a clear view and a positive ID on your target you don't belong in the woods EVER. If your eyesight is so cruddy that you can have a full on view of a human and mistake him or her for a deer or bear, you should not even drive a car, much less hunt.

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from Clay Cooper wrote 2 years 39 weeks ago

What did they say?

I didn’t know it was loaded!!

I got to say it I do!

I am so proud of my now 10 year old Grandson Alex even 2 years ago he picked up on Hunter Safety faster than anyone I have ever witnessed. Not only that, 2 weeks ago I put him through a Arkansas Hunter Safety course studied his tail off and he smoked it!

Perhaps scratch that, they need to run Hunter Safty short clips on the Outdoor and VS channel!

And speaking of the Outdoor channel and VS, have you noticed the shooter on these big game hunts are the only ones wearing hunter orange so who’s the idiots here! There are those who will try to slide out of the option of not wearing orange as motorcycle riders not wearing helmets!!!

Here’s your sign!

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from Koldkut wrote 2 years 39 weeks ago

Clay, I hear ya, and I do agree that not all hunting accidents are the same and each has their own circumstances. But to say that someone mistook their target and pulled the trigger out of anxiety and adrenaline, that's someone who is plain out of control.

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from mattreney wrote 2 years 39 weeks ago

these were some good posts i likes mr coopers the most +1 to you a bunch of times
i do agree there is no excuss for wounding or even killing an animal or human (animal that wasnt supposed to be killed) you should automatically loose your hunting license for good along with all your firearms even if you do not hunt with them. if you cant use them saftely you dont deserve to have them you being armed isnt worth someones life a gun wont just fire someone needs to pull the trigger if your sights are on something but your not exactly sure what it is dont put your finger on the trigger if i see something i think is the game i am hunting i look around to make sure theres a safe backstop if i miss as i raise my gun and take the saftey off my hand stays on the gun (just above the trigger guard its more comfortable for me) and if i know where whatever i saw was i point my gun a little to the left of it so if i was stupid and pulled the trigger whatever it was wouldnt get hit.
whoever shoots at noise is an idiot they deserved to fail their course if i shot at everything i heard and thought might be game my dad would be shot about a dozen hunters like 20 dogs plus a ton more animals

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from JTC wrote 2 years 39 weeks ago

There is no excuse for shooting another person while hunting. Everyone needs to take a hunter safety course at least once. The first rule they teach you about firearms is to ALWAYS make sure the muzzle is pointed in a safe direction, so even if the gun accidentally discharges no one will be hurt. They also teach you to ALWAYS be sure of the identity of your target and what is beyond it. I'm not saying that shooting someone else while you are hunting is the same as murder, but I am saying that there is no reason for it to happen.

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from ranger2 wrote 2 years 39 weeks ago

Thanks Hammer... evidence before rhetoric, its a good policy.

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from Hammer wrote 2 years 39 weeks ago

Thanks for understanding, fellas. I'm not so sure anyone of us would've avoided this mistake, but you have to know the entire sequence of events, weather conditions and positioning. A couple of months from now they'll probably put out the details.

I will say this about the plea though. The state agreed to it because it would've been very hard to plea their case. The father agreed to a plea of "No contest" because after three years of clean behavior (which has been his entire life) this entire incident will be completely esponged (deleted in its entirety) from his record. If he went to court two things could happen: first, he could get a bunch of liberals with an agenda and would be convicted simply because he wore cammo much less shot someone. Second, even if he was found innocent, it would remain on his record forever that he was charged. With the plea, after three years, it will be as if he never set foot in court.

The fact that he cannot sleep at night and has to replay the event in his mind many times every day for the rest of his life is more punishment than most of us could bear.

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from steve182 wrote 2 years 39 weeks ago

A neighbor once came across me in the woods while i was bowhunting deer. He made some stupid comment about please not shooting him when i'm hunting. I responded that unless he dresses as a deer and walks on all fours with a decent set of horns on his head, there is zero chance I'll shoot him. Now i'm not perfect, but even if he did as described above, i would still not shoot him as it would be obvious to me that he was a stupid man in a deer suit and not my inteded target. These accidents are tragic, and the shooter must live with the consequence of his/her carelessness. Let them be a lesson to all of us!

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from Elmer Fudd wrote 2 years 39 weeks ago

seems like they are weighing circumstances pretty heavy. One guy got the book thrown at him for shooting a farmer, I think that's understandable

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from Mike Diehl wrote 2 years 39 weeks ago

"I think what it resulted in is a recognition from the state that not every mistake is a crime. . .," explained David Sleigh, the lawyer for Kevin Kadamus."

Mistaking a human for an animal IS a crime and the farking idiot should do jail time.

The only circumstance I can see for acquitting or giving minimum sentence to a shooting accident is when someone dressed out in camo is shot by some hunter who just did not see the victim. Anyone shot wearing camo gets a Darwin Award nomination.

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from Clay Cooper wrote 2 years 39 weeks ago

WVOtter

WELCOME TO F&S and a +1 for you!

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from Clay Cooper wrote 2 years 39 weeks ago

Thank Mr. Hammer
Knowing the mechanics how accidents happen help us to understand and how to prevent them I the future. Hate and discontent is not the answer her but the understanding what happened and how it happened and the conditions involved are the some of the keys for future prevention of another accidents! We can hammer every shooter in an accident, we especially the media start pushing both hunter and fishermen’s safety perhaps can prevent and drastically reduce future occurrences and near mishaps. Watch the sporting shows and watch only the shooter wearing hunter orange while the guide and rest of the crew walking around in full camo. Is this stupid or what! Even 2 years ago when my Grandson Alex was 8 was pointing this out to me. An 8 year old, YES AN 8 YEAR OLD! GET REAL OUTDOOR AND VS CHANNEL!

Stupid is what stupid does!
Forest Gump!

I sorry ranger2, a +1 for you evidence before rhetoric, its a good policy!

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from 86Ram wrote 2 years 36 weeks ago

Hunter Education!
Identify and verify your target
Only take a shot if you have identified and verified your target.

The basics.

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from HogBlog wrote 2 years 39 weeks ago

For those whose knees jerk and mouths run at the same time, not every hunting accident is someone shooting at a sound in the bushes, nor at a target they haven't identified. In my opinion, that IS criminal.

But we can only know what happened when we have the facts. Other things can happen when you're in the field with a tool as inherently dangerous as a firearm or bow.

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from FloridaHunter1226 wrote 2 years 32 weeks ago

If you are shooting at something you can not identify as the animal you are looking to hunt, then you have no business hunting. You are suppose to have a visual of the animal to make sure it is indeed the animal you wish to take and also to judge to the size and such. Shooting at something big and that is moving is not exactly responsible hutning, or hunting at all.

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