Reports- Conservation Officer Shot by Hunter

[Jmp209]

Unless someone was walking on all fours with fake antlers on their head, I'm sorry the human form looks nothing like a deer. The bipedal human silhouette is a dead giveaway to most of the animals that humans hunt. Hence the camo and hiding and all that. So if you're too much of a dumbass to know what's a human, then you're less intelligent than the animals and have no business being out in the woods. 

I always thought the same thing until this past archery season. I was still hunting through a fairly brushy area when I caught movement just through a little brush to my left. The movement was less than 20 yards from me and I immediately thought deer. As I stood and watched for a few seconds I could even pick out what looked like little spikes on a deers head through the light brush. Then all of a sudden something just looked wrong and I could instantly tell it was a guy in a brown sweatshirt slowly walking through with a bow in his hand. It amazed me that since I was looking for a deer that my mind could make me perceive the movements and shapes as such. This guy was never in any danger of me shooting him because I never draw on something I THINK is a game animal without 100% certainty but some people may not have waited to clearly identify before drawing. I'm not writing this to defend anyone or excuse carelessness. The sole responsibility is always on the shooter, no matter what the target "looked like." I never thought in a million years someone could mistake a person for a deer, I was wrong.

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[upstate]

1 hour ago, Jmp209 said:

 

I always thought the same thing until this past archery season. I was still hunting through a fairly brushy area when I caught movement just through a little brush to my left. The movement was less than 20 yards from me and I immediately thought deer. As I stood and watched for a few seconds I could even pick out what looked like little spikes on a deers head through the light brush. Then all of a sudden something just looked wrong and I could instantly tell it was a guy in a brown sweatshirt slowly walking through with a bow in his hand. It amazed me that since I was looking for a deer that my mind could make me perceive the movements and shapes as such. This guy was never in any danger of me shooting him because I never draw on something I THINK is a game animal without 100% certainty but some people may not have waited to clearly identify before drawing. I'm not writing this to defend anyone or excuse carelessness. The sole responsibility is always on the shooter, no matter what the target "looked like." I never thought in a million years someone could mistake a person for a deer, I was wrong.

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This same exact thing happened to me but it was about 20 years ago, during bow. It was also in an overgrown field that was hill like. 

 

My buddy was with his 8 year old son and they were stalking the same deer I was in the overgrown field. There were a few of the drainage type ravines, ditches in the field. The buck was upwind and not even looking our way. 

Losing sight a few times as I got closer, I'd have to glass the field from barely over grass/ scrub bush stuff.  I was within 40 yards and I decided I would find him and try to get him to stand. As I was looking I saw movement to my left and I swore it was a deer within 30 feet of me, in the tall thick stuff. 

Matt was wearing a brown hat with gray on it. I turned with my bow up and then picked up his dad at a full draw. I looked at where the deer was and he was getting the hell out of there. 

 

I killed him the next weekend.  138 inch 10 point. 

I miss the days that I could do that 

[Steuben Jerry]

I saw two different news links on Facebook that said the officer was shot in the pelvis, and is expected to recover.

Good Lord, there is no good place to get shot, but the pelvis? Prayers for a full recovery, and I hope the charges to the shooter get increased!

[Curmudgeon]

DEC Commissioner Basil Seggos Statement on Shooting of Environmental Conservation Officer James Davey

The following is a statement from New York State Department of Environmental Conservation Commissioner Basil Seggos regarding the shooting of Environmental Conservation Officer James Davey. "On the evening of November 29, 2016, New York State Department of Environmental Conservation Officers James Davey and Lieutenant Liza Bobseine were investigating reports of potential illegal hunting activity in the Town of Gallatin in Columbia County when officer James Davey was shot. Officer Davey underwent extensive surgery at the Mid-Hudson Hospital to repair damage from the gunshot wound and is in the Intensive Care Unit in stable condition. I had the chance to meet Officer Davey's wife Nancy, a Forest Ranger at DEC, and other family members last night who were appreciative of the outpouring of support from the DEC family. "Lieutenant Liza Bobseine who was on patrol with Officer Davey investigating the incident is credited with saving Officer Davey's life for her quick and heroic actions in the field. Lt. Bobseine was able to quickly apply a compress to the wound while calling for support and keeping the suspects under control 1/2 mile into a field. It's clear that if it were not for her actions, officer Davey would not have survived. I commend the two officers for their courage in the line of duty and thank them for their dedicated service. Our thoughts and prayers are with the wounded officer and his family." An investigation led by New York State Police from the Livingston barracks determined that Alan Blanchard, 55, of Gallatin, was responsible for the accidental shooting due to reckless conduct. Blanchard was arrested for Assault in the 2nd degree, a class D felony, arraigned in the Town of Livingston Court, and remanded to the Dutchess County Jail in lieu of no bail. He is scheduled to reappear in the Town of Livingston Court on Dec. 8 at 7 p.m. ECO Davey, 39, is a 12-year veteran of the force, having graduated from the DEC Basic Police Academy in 2005. He is currently assigned to patrol Columbia County. Officer Davey is a Division of Criminal Justice Services-Certified Police Instructor, having recently become a Certified Firearms instructor for the DEC. He is married to a DEC Forest Ranger, Nancy Davey.

[ny hunter]

Assault with a deadly weapon I hope

[Rockspek]

Why not attempted murder?  He was trying to kill something

[Fletch]

I am by no means making excuses for anybody and I hope this officer recovers fully and quickly.

 I have read another study like the one below. Maybe it was in Outdoor Life years ago. Anyhow this should be a must read. It is very interesting material for sure and I would love to see more research done to possibly help stop this from happening.

 

http://www.huntersafetylab.com/wp-content/uploads/2015/09/mistaken-for-game-hunting-accidents-a-human-factors-review1.pdf

 

Edited November 30, 2016 by Fletch

[dbHunterNY]

taking into account the pathetic trespass and poaching laws we have here in NY it is absolutely BS that we expect ECOs to routinely approach these lawless and careless individuals knowing very well they're probably armed toting a high powered gun. maybe if fines or penalties were higher they'd be less likely to be in a situation like this. i've met the Lt. and she seemed like a very nice lady.  good thing she was there.  ECO Davey might recover but a shot to the pelvis?!  he's going to have aches and pains from it his whole life i'd think.

[dbHunterNY]

i got the eblast from DEC too.  usually it's just boring reports but stuff like this isn't what you want to see either.

[Two Track]

Hope he recovers.  These guys work with search and rescue.  We need them in case we need help in the field (falling out of tree, falling on the rocks, breaking an arm/leg, being lost) or dealing with bears gone bad in town.

Before I ever went hunting or took the safety course, my father drilled into me make 100% certain of what you are going to shoot and what is behind it.  Better to not take a shot and not bring home anything than it is to shoot something/someone that you shouldn't.  You can't take back the shot.

One time many years ago I heard noise in leaves behind me while up in a ladder stand.  In the bright light from the sun behind me as peeked around the tree, I could see two legs the rest was all sun glare. looked like someone who was thin wearing khaki's from the waist down, the rest was all sun glare.  When it moved a bit out of the sun glare, it was a deer.  Too much sun glare and no angle to shoot to the right, 45 degrees behind me.  Safer than falling out of the stand and not being able to see if any trespassers were around, so the deer got to walk away. 

That first minute, it looked like person from the waist down.  What if I thought it was a deer in bright light and took the shot and it was a person in khaki's.

Last year had a bear come by me on opening day. it sat up against tree and scratched its back and then moved off.  I watched it for a few minutes and took a couple pictures of it.  A couple hours later, I head out to get lunch. On the trail I am heading towards I see something upright by a tree that was black.  Of course I think another bear and pull up the butt to my shoulder just in case, but did not raise the barrel. Then I saw it move and the movement didn't look right, turned out to be hiker in black knit hat and dark navy/midnight blue jacket just past the brush lining the trail.

Never assume, and yes the eyes can play tricks on you - light, shadows, reflections, your mind filling-in missing details of the view, pre-conceptions.

If we all play it safe, it is safer for everyone who is out there (hunters and hikers alike).

[Uptown Redneck]

5 hours ago, turkeyfeathers said:

It's sad though when someone gets caught with a hit of LSD or 2 and gets more jail time than someone for attempted murder and similar.

Without being a lawyer and from what has been made public this certainly does not call for a charge of attempted murder. And as we all know I'm sure that by the time this is settled, if we ever do know the final result, this assault charge will probably be plea bargained to an even lesser charge.  

[dbHunterNY]

10 minutes ago, Uptown Redneck said:

Without being a lawyer and from what has been made public this certainly does not call for a charge of attempted murder. And as we all know I'm sure that by the time this is settled, if we ever do know the final result, this assault charge will probably be plea bargained to an even lesser charge.  

i'm no lawyer either but i doubt he'll get a lesser charge.  less jail time maybe.  they don't take shooting law enforcement lightly, whether it's a mistake or not.  i agree attempted murder is a bit much.  DEC press release said it was an accidental shooting.

[Uptown Redneck]

5 minutes ago, dbHunterNY said:

i'm no lawyer either but i doubt he'll get a lesser charge.  less jail time maybe.  they don't take shooting law enforcement lightly, whether it's a mistake or not.  i agree attempted murder is a bit much.  DEC press release said it was an accidental shooting.

Knowing many lawyers and a few judges it sometimes comes down to how well the defense lawyer knows the DA as well as the character of the defendant that determines what charges are ultimately worked out.   

[shawnhu]

They arrested the hunter and charged him with assault.  
http://wnyt.com/news/state-police-say-they-have-made-an-arrest-following-the-shooting-of-an-encon-officer-in-columbia-county/4330924/?cat=10114

Should be attempted manslaughter.


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[shawnhu]

How?  either you pass the test or you dont and dont get a  license at least that was the way it was when i took the test over 30 years ago . 

Times has changed.


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[Deerstalker]

7 minutes ago, shawnhu said:

 

Times has changed.


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Seriously? 

What do they do now give you a :-) 

And send you on your way with out learning nothing szzzzz sad if that is true  now adays 

[shawnhu]

taking into account the pathetic trespass and poaching laws we have here in NY it is absolutely BS that we expect ECOs to routinely approach these lawless and careless individuals knowing very well they're probably armed toting a high powered gun. maybe if fines or penalties were higher they'd be less likely to be in a situation like this. i've met the Lt. and she seemed like a very nice lady.  good thing she was there.  ECO Davey might recover but a shot to the pelvis?!  he's going to have aches and pains from it his whole life i'd think.

I think ECO Davey was recently transferred from region 3. I recall speaking to him. Hope for a speedy and full recovery.


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[Rebel Darling]

DEC will hold a press conference tomorrow on hunting safety:

 

DEC MEDIA ADVISORY FOR THURSDAY, DECEMBER 1

DEC Commissioner Basil Seggos and Staff From DEC’s Division of Law Enforcement and Sportsman Education Program Speak About Hunting Safety in New York

New York State Department of Environmental Conservation (DEC) Commissioner Basil Seggos and staff from DEC’s Division of Law Enforcement and Sportsman Education Program will speak about recent incidents concerning hunting safety across New York State and will remind hunters how to avoid accidents when venturing afield.

WHO:              DEC Commissioner Basil Seggos

                        DLE Director Joseph Schneider

                        DEC Sportsman Education Program Administrator Chuck Dente

                        DEC Biologist and Hunter Safety Education Instructor Colleen Kimble

 

WHAT:           DEC staff will emphasize the need for common sense and safety when hunting this season.

(Visuals: Hunter Safety Instructor Colleen Kimble will demonstrate correct firearm safety procedures that are taught in DEC’s Hunter Education Courses).

WHEN:           1 p.m. Thursday, December 1, 2016

[travisrage]

Did they have flashlights and orange on? If not hope they announce that. I've seen dec try to sneak up on people in the woods with only their green on. Bozo move on their part.

Hope it was accidental if not prosecute for sure


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[dbHunterNY]

1 hour ago, Uptown Redneck said:

Knowing many lawyers and a few judges it sometimes comes down to how well the defense lawyer knows the DA as well as the character of the defendant that determines what charges are ultimately worked out.   

same here. knowing the DA goes out the window when you shoot a cop.  i do strongly agree though with character of the defendant having an impact on the judge whenever the two meet.  it applies all the way down to traffic court.  that said the guy shot at and hit an ECO even if he thought the ECO was a deer and he's no longer going to be allowed to legally have a gun and is going to prison.

[left field]

11 hours ago, Larry302 said:

When my daughter took the class a few years ago, she never read the book prior, just sat through class and took the test. She said it was the easiest test she ever took  .

I also attended  two,of the three nights including " test" night . I watched a couple kids who failed, get it changed to passing grades . The instructor goes over some of the questions they miss and make sure they understand why their answer was wrong and why the other is correct , then they give them credit for that question , which raises their grade to just over passing .

 

I did both the Hunter's Ed and Bow Hunter's Ed this year.

The HE was a joke. I was told over the phone by the instructor not to worry because "everyone passed." The test was in the city and it was overbooked by nearly 100% - about 75 people in a room for 40. Those of us who had the voucher could take the test, the others had to sit and watch us as he wouldn't let them leave. He played a really shitty 20-minute video, then it was test time. Thank God, I had the voucher as everything I learned was from the online course.

When it finally came to grading the tests, the instructor was so overwhelmed that he just put the test in a folder and handed out the certificate. Pass? Fail? Who knows? And you wonder why people get hurt. I almost got in touch with the DEC to let them know how this class was being conducted.

On the opposite hand, the Bow Ed was great. I decided against the voucher and attended the daylong course at an upstate club. The instructor and helpers were fantastic. Learned a hell of a lot, had my stupid questions answered and had practical sessions of blood tracking, proper treestand safety, and shooting.

I pulled a few cameras near my stands yesterday. Middle of the week on my property, but one stand is near the property line where the other owner hunts, so I did it at noon with an orange jacket, orange touque, orange gloves and whistling.

 

[shawnhu]

I did both the Hunter's Ed and Bow Hunter's Ed this year.
The HE was a joke. I was told over the phone by the instructor not to worry because "everyone passed." The test was in the city and it was overbooked by nearly 100% - about 75 people in a room for 40. Those of us who had the voucher could take the test, the others had to sit and watch us as he wouldn't let them leave. He played a really shitty 20-minute video, then it was test time. Thank God, I had the voucher as everything I learned was from the online course.
When it finally came to grading the tests, the instructor was so overwhelmed that he just put the test in a folder and handed out the certificate. Pass? Fail? Who knows? And you wonder why people get hurt. I almost got in touch with the DEC to let them know how this class was being conducted.
On the opposite hand, the Bow Ed was great. I decided against the voucher and attended the daylong course at an upstate club. The instructor and helpers were fantastic. Learned a hell of a lot, had my stupid questions answered and had practical sessions of blood tracking, proper treestand safety, and shooting.
I pulled a few cameras near my stands yesterday. Middle of the week on my property, but one stand is near the property line where the other owner hunts, so I did it at noon with an orange jacket, orange touque, orange gloves and whistling.
 

David, was the Bow Ed in Westchester or further up?


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[left field]

On the other side of the Hudson. Black Rock Fish & Game Club in Mountainville.

Nice facility; good folks.

[Ford]

5 hours ago, travisrage said:

Did they have flashlights and orange on? If not hope they announce that. I've seen dec try to sneak up on people in the woods with only their green on. Bozo move on their part.

Hope it was accidental if not prosecute for sure


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The only Bozo move was on the guy that shot the officer. I get what you are saying, but holy crap, some people shoot at shadows. SCARY!

 

 

[Ford]

If I remember correctly, NY had a good year safety wise, last year. This puts it all in the shitter. Expect ECO's to be a little less friendly next year.