Fellow Hunters,
On the eve of the 2013 archery season, I would like to share my story with you as well as heed a word of caution.
I started hunting 4 or 5 years ago because I have 3 boys ages 15, 14 and 12. Although I was not opposed to hunting, it was just not a tradition in my family.
We all have completed our hunter safety courses as well as the archery safety courses. I have spent thousands of dollars on shotguns, bows, tree stands hunting clothing and we all get the super sportsman licenses. I own several parcels of land for hunting and recreation purposes which I invest many hours and dollars posting to improve natural wildlife food sources.
2 years ago while hunting on an elevated berm in a heavily hunted area, I fired 3 20 gauge rounds downward into a recently turned over farm field at a doe and her 2 yearlings. Directly beyond the deer is forest and further beyond and elevated train tracks. I struck two of the deer, missing one.
The next day, 2 DEC officers show up at my door to inform me (emphatically) that one of my rounds struck a house some 900 feet beyond the deer. Originally, I was cooperative and supportive. The problem was that the house that was struck was 900+ feet beyond the deer (1,100+ feet from my shooting position) and the house was 15 degrees to the west of my line of fire. The DEC agents theory was that I struck a rock in the field that changed not only the direction of the bullet but also the trajectory that lobbed the bullet over a row of 10, 60 ft high pine trees, striking a maple tree in front of the house continuing through a second story window. He spent 3 days (with overtime pay) searching the field for a rock that may appear to be struck by a round as evidence, which he never found.
While investigating,he used a laser pointer to line up where the bullet struck the wall in the house and the hole in the window to determine where the round was fired from. The laser line up directly with a tree stand that was clear view, unobstructed path between the stand and the house. Relative to my position, the stand was 180 feet to my left (west). The DEC never contacted the landowner or even tried to find the owner of the tree stand. The DEC officer concluded that the bullet didn't come from that stand because he didn't find any spent shell casing under the tree stand. My neighbor to the east, had been pushing deer the day before, one of the hunters in their party hunts with a muzzel loader. They never contacted this neighbor either. By the way, the trooper that first responded to the house said in his opinion, it was a muzzel loader round not a 20 gauge.
A friend that I had given permission to hunt on my land happen to be in the woods the day the DEC was conducting their investigation told them I was the land owner. Now they had a name to connect with a bullet, even though they could tie me to the bullet with ballistics. I was charged with Reckless Endangerment and Shooting over a Public Highway. I was guilty of hunting in the area within 2 or 3 days of this incident and that I was within 1100 feet of the house.
The DEC revoked my license which I appealed and lost.
During the revocation hearing, I told the DEC Lieutenant in charge that if I lost the appeal that i would never hunt again. Hunting is so much more than harvesting game, its about tradition, its about bonding with my boys, its about enjoying and appreciating nature. This incident was my 3 boys introduction to hunting in NYS and the DEC practicing environmental law enforcement. They don't want to hunt any more and are afraid of the DEC. They saw first hand what could happen to you if you are hunting in the wrong place at the wrong time. Besides they want to hunt with their father, not just any licensed adult.
So beware of the DEC, they are not about facts and enforcing environmental law. Above all, they are about getting a conviction to justify their existence. In my case the DEC Officer lied under oath and planted evidence, which I can produce if any one is interested in reviewing. They do not have same burden of proof of all other law enforcement agencies. If futilely attempt to appeal a conviction, the DEC NYS Commissioner is the judge and jury.
Best of Luck
Magic Bullet
