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fatal shooting in st lawrence county last evening.


bubba
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A hunter was shot and killed whet he was mistook for a deer at 5pm. 49 years old shot in the chest with a muzzleloader as it was the last evening of muzzleloading here in the nz. The spin will be of course he was not wearing orange, even though I am not sure of that. By 5 pm it was dark, so orange was not a big factor. Legal light ended at 4:19PM. 40 minutes later he was shot. I guess stretching the law a bit is no big deal. A real tragedy which could be avoided by obeying the law.

police+tape1.jpg

Edited by bubba
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The mere fact that this guy was shooting well after legal shooting light (actually dark), should be an automatic charge of either negligent homicide, or involuntary manslaughter at the very least. This is just sheer stupidity.

Shooting after dark is a crime being stupid isn't
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Shooting at DEER after dark is a crime (unless we are talking DDPs outside of open deer season). Just shooting or shooting some other species after dark is not.

IMO, anyone that says they mistook a human for a deer, unless the person shot was wearing some sort of deer costume and running on all 4s, should be charged with negligent homicide, reckless endangerment, assault and whatever else they can think of to charge them with. The person should lose any and all rights to own any type of weapon, ever. They should actually never see the light of day again.

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Shooting at DEER after dark is a crime (unless we are talking DDPs outside of open deer season). Just shooting or shooting some other species after dark is not.

IMO, anyone that says they mistook a human for a deer, unless the person shot was wearing some sort of deer costume and running on all 4s, should be charged with negligent homicide, reckless endangerment, assault and whatever else they can think of to charge them with. The person should lose any and all rights to own any type of weapon, ever. They should actually never see the light of day again.

That about sums it up, well said.
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If somehow you could instill the idea of "picking a spot" on the deer when shooting, there would never be another mistaken identity shooting. You cannot be looking to place the slug or bullet into specific lethal areas of the deer and then mistake a person for a deer. So many people think that if you hit a deer anywhere in the body it's all over. So naturally, any brown flash through the brush gets an immediate shot (or 5). Anyone who was actually trying to place their shot only in a lethal spot could never think that any person was a deer. You just couldn't do it. Perhaps this is a point that should be driven home a little better by hunter safety instruction or perhaps we have to increase peer pressure to the point where we refuse to hunt with someone who doesn't place their shots carefully.

Of course we know that the idea of picking a spot on the deer is not necessarily ever going to be universally accepted as a requirement to pulling the trigger. Not everybody has that level of respect for the animal to try to ensure a quick and humane kill. A simple movement is sometimes all it takes for some to shoot. That's how people get mistaken for deer and it's a damned shame and totally unnecessary.

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  • 3 weeks later...

Apparently Burt feels that BO could have helped this. Some people have a hard time with comprehension regarding daylight and dark. But some think that after sunset shooting is safe. Yeah OK. Oh and BTW I have it on very good authority they were both wearing orange.

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If somehow you could instill the idea of "picking a spot" on the deer when shooting, there would never be another mistaken identity shooting. You cannot be looking to place the slug or bullet into specific lethal areas of the deer and then mistake a person for a deer. So many people think that if you hit a deer anywhere in the body it's all over. So naturally, any brown flash through the brush gets an immediate shot (or 5). Anyone who was actually trying to place their shot only in a lethal spot could never think that any person was a deer. You just couldn't do it. Perhaps this is a point that should be driven home a little better by hunter safety instruction or perhaps we have to increase peer pressure to the point where we refuse to hunt with someone who doesn't place their shots carefully.

Of course we know that the idea of picking a spot on the deer is not necessarily ever going to be universally accepted as a requirement to pulling the trigger. Not everybody has that level of respect for the animal to try to ensure a quick and humane kill. A simple movement is sometimes all it takes for some to shoot. That's how people get mistaken for deer and it's a damned shame and totally unnecessary.

I think that identifying your target is one of the things that is stressed most often during a hunter safety course... I would contend that most, if not all, hunters know this, have learned it... I'm even sure there are some that are on this forum that have heard it more times than they can count... yet there are still those that refuse to practice it... Yes, I'll bet even some on this forum... it's the old.. "that could never happen to me" syndrom... it's so much easier and safer just to do the right thing... unfortunately one can only lead a horse to water.. but can't make him drink.

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  • 3 weeks later...

Apparently Burt feels that BO could have helped this. Some people have a hard time with comprehension regarding daylight and dark. But some think that after sunset shooting is safe. Yeah OK. Oh and BTW I have it on very good authority they were both wearing orange.

Funny I just ran across this post. Bubba if you remember correctly the time of the shooting wasn't stated in NYODN. So my comment was made on the assumption that it was legal shooting hours. Your a funny guy Bubba you continually crack me up.

Blaze Orange saves lives-Don't get caught without it!!!!!!

Discalimer: I hunt, I shoot and I claim my trophy. I am a hunter and a safe one. Wear blaze orange it saves lives.

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Myself and fellow hunters always considered shots after legal times as poaching, plain and simple. Now it should be considered manslaughter. No excuse to take pot shots as "something" moving.

May sound stupid, but did he have a doe permit? If not how was he taking a shot without seeing antlers? More proof of criminality in my opinion.

That is why I try and get out of the woods as soon as I can after last legal shot. I am covered in Blaze when I hunt, but under the cover of trees after sunset it does lose its effectiveness.

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God bless this poor hunter and his family. Wast of a life due to human neglect. They should put into the safety course that people no longer get away with this crap... This guy is going away for a long time due to his own neglect and stupidity. I don't wear orange except in the catskills and other orange army area's. If I am doing a drive I wear it, but I don't do many drives. I just feel most times it is better to be hidden than seen... I know most will disagree but I feel the orange gets too much attention from the critters and other hunters looking for something to aim at... I always though hunting with bow during early season was safe in full camo, yet the DEC opened up early bear and yote season was open, boy was I in for a shock... I felt like I was at the L.I. rifle range DOWN range a week before opening day! I was out of the woods QUICK as I felt severly overpowered with my mathews MQ1 vs shootguns and 223's... Again god bless this poor inocent guy that got killed enjoying the outdoors. They no longer just let this go, now if you shoot someone while hunting YOU WILL BE PROSECUTED. This was no accident he aimed at an area he was not sure of and fired off a round thinking it was probably a deer. Like many stated before place your shot is vital and neccesary for a ethical kill. Unfoutunatly this is an example of how ethics would have saved this guy. Ethical hunters identify thier prey and place their shots, during legal hours... He should rot in jail IMO. May be they should intoduce manslaughter into the hunter safety course. At least it might scare people into thinking before pulling that trigger...

Link to the update.

http://www.myabc50.com/news/local/story/Manslaugther-charge-in-fatal-hunting-accident/rSODjG_1-Uu9_iuUtn9cOQ.cspx

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One thing I will never understand is why some will state that they don't believe in blaze orange for whatever kinds of reasons and then list off a whole bunch of exceptions. If "the orange gets too much attention from the critters and other hunters looking for something to aim at", I would think that same danger would be in "the catskills and other orange army area's". One might think that the same thing would be even more dangerous in a drive situation. The idea that it is "it is better to be hidden than seen" really doesn't stand up against the statistics. The B/O discussion doesn't really relate directly to this particular shooting, but don't take that as some kind of indicator that camo in a gun deer season is in anyway close to being safer than blaze orange. It just plain isn't.

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