Trepassers...thoughts on a situation

[Steve7]

Just wanted to hear opinions on what happened to me this Sunday 11/20...

While hunting my primary stand overlooking a field, I observed an 8 pointer that I decided I wasn't going to shoot. I have some very nice bucks on the property that I hunt and I know that I'm very fortunate. The deer bedded in the high grass with some does around 3:30. Around 4:00, the does took off toward me running as someone snuck in the private posted property from the other side of the field. The buck took off in my direction and was gut shot by the guy, hunched over but still on his feet. His bullet struck an enbankment about 20 yards to my right. As the deer passed 40 yards to my left I shot and killed it. I confronted the other hunter and was pretty hot as he was trespassing and almost shot me and told him to leave. He didn't have an ounch of orange or red on which I know is not a requirement in NY. A big argument ensued as he claimed "I shouldn't have shot his deer and now I'm stealing it". In over 35 years of hunting, and harvesting many deer, I'm ready to give it up the sport. The next day the guy actually came to my house and another argument ensued causing my wife to also get upset, I have local Encon officers nearby and directed him to go with me to speak with them. We waited over an hour and he decided to leave after telling me to go "choke on the meat". I just can't comprehend how crazy people get for shooting a whitetail deer.

Am I correct that whomever dispatches the deer it is thiers? The DEC did agree with me but was more concerned that the guy was trepassing on private property. I did take the deer and reported the kill but the whole situation just left me wondering if it's really worth it any longer. Your thoughts are appreciated... thanks Steve

[Cabin Fever]

That's your buck, no doubt. I completely agree that hunting season brings out the worst in some people. Can't understand why he thinks he has any right to the buck? The guy was clearly tresspassing and never should have been there to even fire a shot at the buck in the first place.

[Steve7]

Thanks CF. The owner of the property gave me full right to throw people off the property. Since this happened I spoke with numerous hunters and they agree also that it is mine. He claims that he saw the deer run after he shot and then heard me shoot and I "had no right to shoot if the deer has already been hit". I said, "Are you serious? You're tresspassing and are now saying that I have no right to shoot deer on my property yet you have no orange on and almost shot me !!". I was dumbfounded. The whole thing just stinks to high hell. I do have his license plate number and thinking of filing a complaint whith the local PD just to protect myself.

[sampotter]

I would have the first day. What a jackass- especially to have the balls to come to your house. Forget the whole Who's deer is it argument- he was trespassing. Send a message.

[TreeGuy]

Yours. And don't consider giving up over someone else's stupidity. It sounds like u are a " sportsman " and we need guys like you in the woods ! Call the Dec, get his backtag and leave it at that. If he comes to your house call the cops. You have rights as a land owner and as a citizen and should feel free to use law enforcement to help you. It always will bother you so I won't say don't let it but do something about it ! Congrats on a great buck, and don't choke on the meat.... Just throw a steak on the grill next time he comes over, then offer one to the cops when they show up Congrats on a monster

[JMP]

Your a better man than me. I would have dragged him by his scruff to the dec and then had him prosecuted to the fullest. Some people just have no common sense and sometimes need it beat into them. I wouldn't let it get to you. You know your right and he's wrong. Get back in the woods and enjoy!

[Steve7]

Thanks samp. I'm planning on it. The DEC did give me their dispatch number and told me to call them should this idiot show up again. The coming to the house thing is defintely unsettling. Although the owner of the property knows about it, I really don't want to involve him because it's aggravation that he shouldn't have to deal with and may jeopardize my right in the future.

[Steve7]

Center and TG... thanks for the words of encouragement. I really do do it right. I'm just really frustrated right now having an issue on a sport that I love besides having to deal with it on the home front with my better half.

[ELMER J. FUDD]

The law is whoever tags it first, the "hunter's code" or "guy code" is whoever delivered the fatal shot. Your deer. Just think of how much harder it was to take due to that yo-yo messing up your hunt. Send him a pic of venison on your table!

[Steve7]

Thanks Elmer...funny thing is...if he was honest and made a mistake, I would've forgave the guy and gave him the deer. He never approached it that way and was aggressive from the start and adamant about not seeing posted signs, etc. etc.. Just plain ugly with 2 guys holding high powered rifles.

[132 eight pointer]

Steve7 If you stop hunting -he wins. You have to stand up for what is right (as you are doing).Remember you can't fix stupid you can TRY to teach this moron a life lesson though.Good luck.I hope it works out for you.

[Dave]

Steve, seeing as you had the rights to throw trespassers off the land even after he shot the deer you could have denied him the right to persue the deer. You shooting the deer was the right thing to do, surprised when he heard your shot he didn't leave. Forget about that idiot, enjoy your buck and have a great Thanksgiving. But please report the license to the DEC. I will bet he is a repeat offender.

[Steve7]

Thanks 132 and Dave for the kind words. He took off his back tag and hid it so I couldn't get his numbers. I think that's one of the reason he didn't wait around for the Encon office to arrive. I do have his license plate number when he showed up at my house yesterday to confront me. He actually told me out in the field that "he goes where ever he wants if he doesn't see a posted sign".

[fasteddie]

Thanks 132 and Dave for the kind words. He took off his back tag and hid it so I couldn't get his numbers. I think that's one of the reason he didn't wait around for the Encon office to arrive. I do have his license plate number when he showed up at my house yesterday to confront me. He actually told me out in the field that "he goes where ever he wants if he doesn't see a posted sign".

That's a problem with these kinds of hunters . They have no respect for anyone's property rights . Hiding the back tag is an indication that he knew he was doing something wrong . Congrats on your deer .

[landtracdeerhunter]

The problem is with these type of people, is unless they are knocked down a notch, they will continue to do it. His actions show this, as he has no respect for the law meaning. I would have called law enforcement right away. I would have no second thoughts on what you did. It was the right thing.

Edited November 22, 2011 by landtracdeerhunter

[Doewhacker]

Sounds like he might have had mental issues honestly, a sane person wouldn't have went to the house after the initial run in. I would deff watch out for him.

[3Hrookie]

You NEED to make a report. if not, he will first and even tho you may be right they will come an investigate, question your wife, check the property etc. if you report it they will investigate the report first and save you a big headache, especially with thanks giving around the corner you dont want that.

[3Hrookie]

i would follow him and take pics of his truck, Him, what kind of jacket he wears...discreetly of course. i'm only 25 and still a kid but at least other hunters are aware of this guy.. what area is this guy from

[Jafo]

Hope this helps:

http://www.dec.ny.gov/regulations/2442.html

Question: If I shoot a deer and it runs onto posted property, do I have the legal right to go on the property to retrieve it?

Answer: No. the DEC recommends that hunters finding themselves in this predicament seek out the landowner, explain the situation, and ask permission. If the landowner refuses, the hunter will not be able to enter the property, and the DEC cannot compel a landowner to grant access. If the hunter has reason to believe that the landowner intends to illegally possess the deer, it should be reported to the nearest Environmental Conservation Officer. This situation illustrates the need for hunters to establish good landowner relations prior to going afield, and to take only good clean kill shots when hunting for any game.

[Uncle Nicky]

Yes, taking off his backtag shows he knows he's in the wrong.

I've always thought that the last guy to shoot a wounded deer was the guy that keeps it. But, when I attended the hunter's safety course again a few years ago with one of my kids, the game warden said it belongs to the shooter that "delivers the fatal shot"...kind of complicates things I guess, but if he only gut shot it, common sense says it's your deer.

I definitely wouldn't quit hunting over this, but I would keep my eye out, he sounds like a loose cannon, I do remember a few times where it got ugly on public land, which is why I try to only hunt private property. I'd have kept the deer too, enjoy your steaks, I'd probably get a good snicker knowing this guy is doing a slow burn while you're enjoying "his" deer.

[WhitetailAddict11]

In this situation you are more than welcome to take this buck because he was shot on your property by a trespasser and he was gut shot which is not always fatal. IM RIGHT THERE WITH YA MAN!! So sick and tired of trespassing, people shooting small bucks, over hunting good farms, New York is getting old!! Im 20 now but I cant wait to move out to the midwest in a few years and chase those corn fed bruisers on back country roads where there's not another person for miles!

[Steve7]

Just got back from the local police department. They took his plate number and asked that I call them should he show up at my home again. He knows that the deer is being butchered already so hopefully it's over. I appreciate everyones comments and concerns.

[Elmo]

A friend of mine was breaking up with her ex and got into an argument. He grabbed her by the neck forcibly. She was able to get out of the apartment. The next morning, we went back to protect her while she gathered her stuff and found the cops there. Apparently he went and filed a report against her saying she assaulted and threatened him. He's like 250+ lbs and she's 140. She was told to stay away from her own apartment! I spoke to some cops and they told me the smart ingenius move on his part even if it was a sleezy. Cops can only go by what's reported. Since she never made a report and he did, if he came after her and we beat his a*& down, how does that look to the cops? All they see was a report that a female assaulted and threatened him then the next day she returned with two guys who beat the crap out of him. Filing a police report even if you never follow through and press charges is a powerful maneuver. You'll aways have that legal weapon in your pocket even if you never use it.

[Fantail]

My thoughts are - that had to suck. I would file the report & do what you need to do to protect your family etc. I am wondering though can that guy be hit with tresspassing charges and who would need to do that? I mean the owner or someone legaly leasing the property yes?

[Steve7]

The owner would have to file the trepassing charge. My thought is he found out where I lived to see if he could coax me into beileiving he was in the right and figured I still had the deer. There are just a few homes were the property is so it wasn't hard. I informed the PD of the whole situation today and they said if he comes by again do not open the door and just call them and he goes.