WOMAN DEAD AFTER APPARENT HUNTING ACCIDENT - CHAUTAUQUA COUNTY

[Marine Cpl]

No you don't:

125.25.
A person is guilty of murder in the second degree when . . . 2. Under circumstances evincing a depraved indifference to human life, he recklessly engages in conduct which creates a grave risk of death to another person, and thereby causes the death of another person; or . . .

Look up the word evince. You would have to prove that he without a doubt has no care whatsoever for human life. That's not going to happen. It would be impossible to prove that unless he admitted that to someone or is on record saying such.

 

[Criticalt]

6:59, 4 shotgun blasts, one after the other, boom-boom-boom-boom.....
Now 7:05 and still nowhere near light.

 

[1911guy]

I see that the perp has no valid excuse. That pisses me off, but I'll let the prosecutors press the charges. I am not qualified to do that.

 

[Blimey]

So long after sunset it's almost pitch black: CHECK
200 yard shot with a handgun: CHECK

This guy will spend time in jail. A shot like that with a handgun at deer in broad daylight is stupid enough. So many hunters just shooting at blobs of mass is why we need orange to begin with. I personally cannot imagine shooting at a deer unless I was confident I could put the bullet through the vitals which means, at the very least, I need 100% confirmation it is a deer.

 

[Blimey]

But when I hear 4-5-6 shots from different directions 10 minutes before day break only during deer season, odds are very good these are mostly deer hunters.

Agreed. it is illegal. To be fair, though, on many mornings 10-15 min before sunrise is actually very bright.

 

[C3D]

Look up the word evince. You would have to prove that he without a doubt has no care whatsoever for human life. That's not going to happen. It would be impossible to prove that unless he admitted that to someone or is on record saying such.

That is not a correct summary of the law. Depraved indifference requires a showing of a wanton conduct without regard for human life but not a subjective showing of a defendant's mental state. To quote from the standard of a New York State Court of Appeals case, the mental state in depraved indifference "is not capable of direct proof. They are, instead, to be inferred from the facts and circumstances proved . . . "

Firing a weapon at an unidentified motion at a range of 200 yards 45 minutes after sunset while potentially using a rifle caliber cartridge is evidencing a wanton indifference to whether that shot would result in hitting a person or a deer, hence depraved indifference. If I was still the prosecutor I would set up an indictment for murder 2d and manslaughter 2d as I would with any egregious DUI homicide. Definitely would make it through GJ.

 

[BLAMMO!!]

Anybody know what type pistol he was using for a 200 yd shot?

The probability that it was a 50 yd shot at an actual deer that missed and continued on to hit the woman 200 yd away is infinitesimal. He was aiming at the woman and thought she was a deer.

 

[Marine Cpl]

That is not a correct summary of the law. Depraved indifference requires a showing of a wanton conduct without regard for human life but not a subjective showing of a defendant's mental state. To quote from the standard of a New York State Court of Appeals case, the mental state in depraved indifference "is not capable of direct proof. They are, instead, to be inferred from the facts and circumstances proved . . . "

Firing a weapon at an unidentified motion at a range of 200 yards 45 minutes after sunset while potentially using a rifle caliber cartridge is evidencing a wanton indifference to whether that shot would result in hitting a person or a deer, hence depraved indifference. If I was still the prosecutor I would set up an indictment for murder 2d and manslaughter 2d as I would with any egregious DUI homicide. Definitely would make it through GJ.

Do you know if that's what he did? Did he tell you that?

You don't know if he missed a deer and didn't consider what's behind.

Lots of assumptions here. And he used a pistol according to the articles. I don't know a solitary person who can see and take a shot at something with a pistol while in the woods and while in the dark 200 yards away. Maybe this schmuck could but we don't know.

 

[Robin]

200 yards with a pistol, you got to take a long time to zero in and steady up before a smooth trigger pull. in that whole time he never realized this was a woman with a dog? Something more going on here than I am understanding at this point.
Robin

 

[Criticalt]

A mile from my house, about 10 from the woman killed!!
Ohio Man Charged After Shooting Truck Mistaken For Deer | News, Sports, Jobs - Post Journal
Ohio Man Charged After Shooting Truck Mistaken For Deer | News, Sports, Jobs - Post Journal

 

[whauburger]

6:59, 4 shotgun blasts, one after the other, boom-boom-boom-boom.....
Now 7:05 and still nowhere near light.

Tomorrow 6:59 is legal sunrise where I live.

Again, Not saying these guys are right or there arent people poaching but just saying that just because you think it's dark doesn't mean legal shooting time isn't on or that they are shooting deer....not sure why you guys don't call game warden if this is a normal occurrence and bothers you.

 

[Acer-m14]

Anybody know what type pistol he was using for a 200 yd shot?

The probability that it was a 50 yd shot at an actual deer that missed and continued on to hit the woman 200 yd away is infinitesimal. He was aiming at the woman and thought she was a deer.

TC single shot pistol .. rifle cal .. my friend had one in .270 win .. so it could reach out there ..

there is no excuse for this ..

back in the early 80's i could hunt small game alone , i was in my teens .. left the house to go rabbit hunting .. walked the creek bank on the side of the farm
field looking for bunnies .. walked a good 400 yards up the creek / field and then worked it back .. came to a big brush pile .. looked around .. ok if bunny shoots out i have this and that area to shoot .. kicked the brush pile with foot .. ( single shot 20 ga , hammer back ) ready to rock in roll .. bunny flies out , pull up the gun ..bead on the bunny ...got the lead on it ..... WTF !!!!!! gun straight up it the air .. bunny just ran between the front legs of our German shep dog .. .. mom let her out after i left to hunt .. not a shot fired . how fast do bunnies run .. what was my reaction time .. to call that shot .. splitting seconds i say .. no excuse on this crap ..

 

[Criticalt]

Tomorrow 6:59 is legal sunrise where I live.

Again, Not saying these guys are right or there arent people poaching but just saying that just because you think it's dark doesn't mean legal shooting time isn't on or that they are shooting deer....not sure why you guys don't call game warden if this is a normal occurrence and bothers you.

7:20 here
It was nowhere near light enough at 6:59.
I guess you just dont understand the law.
Sunrise is an actual thing and clearly stated in the law. Its not what I "think", its a real thing that people should know.
If the guy that killed the woman in Sherman was following the law, the woman would not be dead.
The notion that these people arent shooting at deer is absured. Im outside at 5:30-9:00 everyday of the year. Ive never remember hearing a single shot before daybreak in 25 years, except during deer season.
This is the exact reason they made the law, because some people decide its light enough for them.......and shoot a dog, or a cow.

 

[whauburger]

I do understand the law, and again not saying people are not poaching. I am simply saying today for instance official sunrise time was 6:59 where I live. Not sure where you live. Also stating, people always complain that shots are fired before or after hours and that there IS a possibility someone is hunting something other then deer. Coyote season, coon hunting, trapping all overlap deer season. I have had someone pull up by my truck yelling at me about shooting before it was hours and blah blah, I just dropped my tailgate showed them a couple coon I had trapped and dispatched.

And again, if people are consistently shooting before or after legal light at what you presume deer why not call the warden to investigate?

 

[RDN]

Hunter shoots pickup truck after mistaking it for a deer, police say

WHAT'S THE ISSUE WITH HUNTERS IN NEW YORK ?!!?

 

[RDN]

This is exactly why I no longer hunt. I was almost shoot in the back, deer was in front of me by 15 yards. Shooter (my friend)was behind me by 15 yards and never saw me. I quit that day

Don't you guys wear ultra bright orange hats or vests ??
You can see those things from a 1000yrds

 

[Robin]

I do RDN, but the truth is a hunter should know his target. Ideally a man should feel comfortable hunting in Carhartt's, but we know that is not a good idea these days. Back in the day Carhartt's were the hunting garb of choice, red checked wool coats a close second, only based on ones economic condition. I guess things have changed, these days some people want to get a deer so bad they are willing to kill someone in that pursuit. Pathetic.
Robin

 

[HighlandLofts]

Way back then I was one of the ones who wore brown Cathcart covrralls.
These days if any one besides the hunting party I'm with is in the near vicinity we hunt else where. Plus every one has orange on. Crazy shot can happen by nimrods wanting a small deer they just don't give a damn what it actually is or could be.
Shoot first and see later I guess. There should be penalties to pay for this reckless behavior.

What ever happened to, Be responsible!

 

[dubleuhb]

Don't you guys wear ultra bright orange hats or vests ??
You can see those things from a 1000yrds

About 6 years ago I took a break from hunting deer for three years, just wasn't enjoying it for a number of reasons. I never wore any orange, all camo all the time even on state land, I tend to move like a sloth in the woods. I pick an area to go, usually as thick as I can move quietly through without making noise, walk in the dark, walk out at dark. Never had a concern, if I see someone, I just let them do there thing and go by.

When I started going back in the woods 3 seasons ago I started wearing a vest and hat. The addition of allowing rifles in the areas I hunt had a factor in my decision.