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Discussion Topic: Oklahoma Man Shot In Poaching Accident
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October 27, 2009
Discussion Topic: Oklahoma Man Shot In Poaching Accident
Criminal charges are often not filed hunting accidents, but what if the people involved were not so much hunting as poaching? Should that make a difference?
From The Oklahoman:
John A Morgan, 44, was shot and killed by Jack Zearley, 69, while they were hunting deer. . .
[Sheriff Israel] Beauchamp said while the Saturday shooting appears to have been accidental, the two Hartshorne men were hunting illegally when Zearley fired a high-powered rifle at a deer that was between the two men. The shot struck Morgan. . . .
Because the accident involved a high-powered rifle [during an archery- and muzzleloader-only season], the men weren’t wearing hunter orange safety clothing and neither man had a hunting license, the incident could result in criminal charges once the information is presented to the district attorney, he said.
Check out the full story and tell us your reaction.
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Comments (18)
In NY state hunters are receiving criminal charges in hunting incidents such as this. The tag "accident" has been removed from the language.
I pays to REALLY KNOW where your shot is going to end up.
That last comment should have read "It pays to know..."
Including poaching I hope !
If your stupid enough to take deer out of season than you are stupid enough to shoot another person while poaching.
Seems to me like whether he was poaching makes no difference to the decision of whether or not this counts as manslaughter. But I don't know law much. Seems like manslaughter to me. Was I in charge, someone who shoots at a target or animal between him and his friend is culpable because it's a negligent shot to take (unless the guy who was hit was dressed in camo, in which case I'd make no charge because you can't fault someone for not seeing someone who's dressed to avoid being seen).
The act of committing a crime while committing a crime doesn't absolve anything. They were both in the wrong from the word go, and one is paying the ultimate price. The other gets to pay his price to society on the long-term intallment plan.
What gets me is this will still be seen as a "hunting accident" - in my mind it's not. This is a crime of stupidity and greed. There was no sport involved.
It is unfortanute that some had to loose their life in this breaking attempt. I don't see how it would be any different than a drunk driver hitting a pedestrian and killing them. It is an accident while breaking the law.
yes it's criminal, in a couple different ways
I live in OK and I have a terrible time with poachers and trespassers, and I take an aggressive stance towards them, I have my conceal carry license and have on more than one occassion been tempted to draw. I don't believe the hunter should be held accountable for the poachers actions. He should be held accountable for not using the proper method. If he was on tribal land, then thats a different story.
i'm with mike diehl on this. i think it could be negligent homicide. stupidity all around.
I'd say charges are warranted.
Most states have felony murder laws where if someone is killed during commission of a felony whether its through an accident or anything else. If Oklahoma defines poaching as a felony, this could be charged as murder whether it was an accident or not.
Just my 2 cents worth, but I think that causing the death of another while engaged in a criminal act with a firearm brings up more serious charges with stiffer penalties than the original offense(s) committed singularly in many states.
One less poacher and maybe putting the other away for a long time will get the 69 year old out of the field for life. License suspensions and fines usually mean nothing to these bozo's. JMHO
Who else was there to prove that he was really shooting at a deer?!?!?
Manslaughter is probably as stiff a charge as he could get under the circumstances -- which would be much better overall than 1st degree murder.
Just askin'...
I agree with thuroy, it's kind of like a drunk driver killing a pedestrian, but in this case it would be a drunk driver killing another drunk driver, since they both were hunting illegally. and like killing someone while under the influence, I think that killing someone while hunting illegally should also be considered a homicide.
A loss of life is a loss of life no matter what the circumstances. The survivor should be cahrged and deserves the charges he gets to including poachin. What idiot shoots knowing someones on the other side
86Ram
"What idiot shoots knowing someones on the other side"
I think you answered your question: an idiot! A +1 to you!
One of the 10 safety rules "KNOW YOUR TARGET...AND BEYOND" Probably one that shouldn't be forgotten... And people wonder why hunter education is required??
Post a Comment
A loss of life is a loss of life no matter what the circumstances. The survivor should be cahrged and deserves the charges he gets to including poachin. What idiot shoots knowing someones on the other side
In NY state hunters are receiving criminal charges in hunting incidents such as this. The tag "accident" has been removed from the language.
I pays to REALLY KNOW where your shot is going to end up.
Seems to me like whether he was poaching makes no difference to the decision of whether or not this counts as manslaughter. But I don't know law much. Seems like manslaughter to me. Was I in charge, someone who shoots at a target or animal between him and his friend is culpable because it's a negligent shot to take (unless the guy who was hit was dressed in camo, in which case I'd make no charge because you can't fault someone for not seeing someone who's dressed to avoid being seen).
The act of committing a crime while committing a crime doesn't absolve anything. They were both in the wrong from the word go, and one is paying the ultimate price. The other gets to pay his price to society on the long-term intallment plan.
What gets me is this will still be seen as a "hunting accident" - in my mind it's not. This is a crime of stupidity and greed. There was no sport involved.
i'm with mike diehl on this. i think it could be negligent homicide. stupidity all around.
I agree with thuroy, it's kind of like a drunk driver killing a pedestrian, but in this case it would be a drunk driver killing another drunk driver, since they both were hunting illegally. and like killing someone while under the influence, I think that killing someone while hunting illegally should also be considered a homicide.
Including poaching I hope !
It is unfortanute that some had to loose their life in this breaking attempt. I don't see how it would be any different than a drunk driver hitting a pedestrian and killing them. It is an accident while breaking the law.
yes it's criminal, in a couple different ways
I live in OK and I have a terrible time with poachers and trespassers, and I take an aggressive stance towards them, I have my conceal carry license and have on more than one occassion been tempted to draw. I don't believe the hunter should be held accountable for the poachers actions. He should be held accountable for not using the proper method. If he was on tribal land, then thats a different story.
I'd say charges are warranted.
Most states have felony murder laws where if someone is killed during commission of a felony whether its through an accident or anything else. If Oklahoma defines poaching as a felony, this could be charged as murder whether it was an accident or not.
Just my 2 cents worth, but I think that causing the death of another while engaged in a criminal act with a firearm brings up more serious charges with stiffer penalties than the original offense(s) committed singularly in many states.
One less poacher and maybe putting the other away for a long time will get the 69 year old out of the field for life. License suspensions and fines usually mean nothing to these bozo's. JMHO
Who else was there to prove that he was really shooting at a deer?!?!?
Manslaughter is probably as stiff a charge as he could get under the circumstances -- which would be much better overall than 1st degree murder.
Just askin'...
That last comment should have read "It pays to know..."
If your stupid enough to take deer out of season than you are stupid enough to shoot another person while poaching.
86Ram
"What idiot shoots knowing someones on the other side"
I think you answered your question: an idiot! A +1 to you!
One of the 10 safety rules "KNOW YOUR TARGET...AND BEYOND" Probably one that shouldn't be forgotten... And people wonder why hunter education is required??
Post a Comment