Discussion Topic: Is That Horse a Deer?

Sadly, there seems to be one every year. No wonder I can't get permission at the local horse farms. From WWTI-NewsWatch50:

_A Dutchess County[, New York,] man was arrested by State police Saturday in Morristown for shooting and killing a horse he says he mistook for a deer while hunting.

21-year-old Joseph Guglielmino of Hopewell Junction was charged by State police with 4th degree Criminal Mischief and additionally by DEC officers with shooting before daylight after the incident on Route 58 early Saturday Morning. Guglielmino claimed he thought the animal was a spike-horn deer when he fired, officers said._

What should Guglielmino’s punishment be? Should he be allowed to hunt again?