NORTON, Mass. — An off-duty trooper mistook a 66-year-old Norton woman and her two dogs for a deer Saturday and shot her with a black powder rifle, just minutes before hunting season was to end, state police confirmed Sunday.
The trooper was identified Sunday by Norton police as John Bergeron, 50. Police said Bergeron, a veteran trooper, rushed to Cheryl Blair’s side and administered first aid, in addition to calling 911.
Norton, state and environmental police have ruled the shooting accidental. Bergeron allegedly told investigators he had seen a deer in the same wooded area of Oak Street earlier Saturday and fired one round when he thought he spotted a tail. Norton police said no violations were found and no charges will be filed.
State police spokesman David Procopio did not identify Bergeron by name because he faces no charges, but said the trooper is assigned to Troop C, which covers Central Massachusetts.
“He faces no charges and no internal investigation,” Procopio said in a statement. “The incident occurred while he was deer hunting while off duty. He was properly permitted, in-season, and in an appropriate area for deer hunting. The victim was hit in the torso. Upon immediately realizing what had happened, the trooper called the incident in himself and administered medical aid to the woman until EMS arrived.”
Blair remained at Rhode Island Hospital as of Sunday night. Procopio said her injuries are not considered life-threatening. The shooting occurred at 4:55 p.m., 17 minutes after sunset. Deer hunting with black powder rifles expired at 5:08 p.m. Saturday.
(c)2012 the Boston Herald
Distributed by MCT Information Services.
I’ve never seen a person that resembled a deer.
Neither have I but now we can say we’ve seen a careless hunter who resembled a trooper.
It was one of her golden retrievers that he ‘mistook’ for a deer, at dusk,then aimed(?) somewhere in the middle. Real sloppy hunting!
Never been Down East eh?
Check with IF&W as to the number of hunters who were mistakenly shot and killed for deer every year before fluorescent orange became the law. The driving of deer and “buck fever” was also a significant factor in the mistaken identity shootings. My recollection is that as many as 25 hunters were shot for deer some years during this era. Surely you must remember when a lady was shot and killed for deer in her yard as she hanging clothes on her clothesline. Hunters are “not” the brightest bulbs in the package. And I’ve never known a lawyer or a professor who hunted deer.
You’ve never known a lawyer or professor that hunts. You just aren’t asking the right people. I’m sure there are many lawyers that hunt and many of my professors in college and teachers in high school hunted and fished.
imwonderingwhyToday 06:10 AM I’ve never seen a person that resembled a deer. ______
Never been Down East eh?
*****************************
…that would be a cow….. ;-)
Shoot first, Look later – is the hunter motto.
Still upset about the lifetime loss of licence? The poaching didn’t really pay off did it?
What was that? Did you hear something? Over there I think. Bang! Take that dim wit’s guns away from him before someone gets killed for crying out loud. He THOUGHT he saw a white tail and fired?
No person looks like a deer. We should always identify our target before shooting. There should be charges, in Maine there would be.
The turkey hunter in Lincoln got jail time for his mistake and that was his friend! No…..Justice!
Cheney shot his friend also, —- No …Justice!
HA HA!
You’ve got to be kidding me….wont even go any further to comment on this.
No charges and no internal investigation? Sounds like the Massachussets State Trooper Good Ole’ Boys Club is still alive and well. Anyone else who would have accidentally shot someone in that gunphobic state would be in jail in a rush. shouldnt even accidentally shooting someone be a crime? because it certainly is stupid.
Just think!
This guy roams the Streets everyday with a “Loaded Side Arm” and isin’t capable of target Identification when it isin’t even a life threatening situation!
The investigation needs to start upon who ever gave this cowboy a badge!
‘Shoot first, then think, is the motto of ALL cops because they know their back is covered by peers and the courts …..
I think you have it right except the “then think” part.
That is not true at all. Most States give out guns and bullets, however I think they want the same ones back when you retire. An other words they do not want you to shoot at all. At least that was more or less how it was for my husband (retired trooper)
And most police upgrade to their own sidearms, own bullets. They also arm them with a long list of other weapons and long guns.
And you would know…
Been reading newspapers for 60 years, so yes.
Hey now, just because he’s unsafe in the low stress woods with a black powder rifle doesn’t mean he isn’t safe on the high stress, crowded streets with a semiautomatic handgun ;)
Yea. and he can be called to duty anytime. He doesn’t have a CDL, meaning he could have a blood alchohol content as well. Makes you feel real safe.
Here’s the Massachusetts statute: “Intoxication and drugs: no person under the influence of intoxicating liquor or drugs shall hunt, target shoot, carry a firearm, bow and arrow, or other weapon.”
He called it in immediately so presumably responders would notice intoxication.
357NEezADK?=357 New England easy ???…what’s an ADK?
Just curious ?
Attack, Destroy, Kill ?
Android Development Kit ?
Alpha Delta Kappa ?
Being a trained officer of the law with a trained eye. I think he should know the difference between a dog and a deer, a woman and a deer, just saying. Whether he is hunting in mass or Maine.
Pretty scary isn’t it? I already stay out of the wood in hunting season. My theory is the orange only protects you from people who aren’t trying to kill you.
This off duty cop using a civil war weapon with a 50 caliper ball 12 minutes after sunset on the last day of hunting season shatters the pelvis of his next door neighbor’s wife.
Life’s going to get very hard for this cop. I don’t understand why hunting hours include 1/2 hour before dawn and after sunset. He was shooting in the dark.
Was he being honest when he said he’d seen a dear around there and thought that was the deer, or did he just decide to fire that stupid black powder rifle one more time into the dark before turning in.
This thing he was hunting with is very inaccurate and the chances of him hitting what he was shooting at were astronomical.
I think at his age he need glasses like I do.. However I am too vain to wear them, like him?
The thin Blue Line stands firm. We see nothing, we hear nothing.. we didn’t even get up this morning.
The accident occurred exactly one minute before hunting season was to end. Yes, it is true, because the state police confirmed it, it was exactly one minute & not one second after hunting season was to end.
Even Troopers are human and do make errors just like other people. However most people seem to place them on a pedistal of being perfect at all time. This is the error of the people that believe that way. All humans make errors in judgement. And not only police cover each other. It happens in all types of work. The worse offenders to me are those in the medical field that cover for errors of fellow Drs!
although I agree with you in principle, I know of a case years ago in Aroostook County were a man shot a woman. He mistaked her for a deer as well. Said she was wearing white gloves, and waved, he thought it was a dear flagging. Shot her in the chest. He got 40 years for murder. When you go out hunting, you need to make POSITIVE identification of what you are shooting at BEFORE you pull the trigger. Once that bullet is flying down range, it’s all over but the crying. I would imagine that the trooper feeling just terrible. but target identifaction is the name of the game.
Their watches are exact…..
You can’t fix stupid.
I do wonder if the State of Maine would make a different call. To my knowledge, there has never been a police officer in this state that has been found culpable in the shooting and killing of a civilian.
No but there were plenty convicted of jacking deer at night!
Wow. I would be sitting in a cell. Especially with my families track record.
The victim and the victims family can still file a civil suit, and will most likely will. This is Mass we’re talking about after all, the land of the lawsuit. There’s going to be huge medical bills, and if the victim is insured, then the insurance company is going to go after the cop. If the victim is not insured, then the hospital is going to go after the cop. There is liability here beyond doubt. As far as the trooper goes, if he can’t make the identification difference between a deer and a human then he should not be a cop. In the military, they taught us identify the target, aquire the target, fire on the target. Indentify being the primary part of the firing formula. I would at least expect an I.A. investigation into this incident and address this cop’s competency.
Three words, WTF?
Those are letters, just saying.
“He faces no charges and no internal investigation,” -ummmmm….huh?
Enough is enough… outlaw hunting.
Or fire cops who shoot at noises without knowing what they are shooting at.
You should be more concerned with driving automobiles. 6 fatalities just last weekend.
Talk about being scared to leave the house!!!!
That’s pretty extreme. There’s idiots out there in everything, don’t punish everyone for an isolated incident.
This is BS!!!!!!!!! Please don’t let any Mass Troopers in Maine to hunt! I want to live awhile longer!
State Trooper delivers a non lethal wound to a women at 4:55pm,17 minutes after sunset with just 13 minutes remaining in the season..the woman will recover..Had it been an actual deer this animal would have been in for some suffering..Another desperate hunter trying to get THIER deer..guys like this are why hunters get a bad rap..and I would assume this Trooper has had more than a little firearms training..note to self..stay out of woods during all deer hunting seasons.
sunset charts list 421pm on 12/31. that would make it 4 minutes after the end of the season as the season ended a half hour after sunset on the 31st.
Thanks for the clarification..if indeed hunting after hours, then charges should be brought up.
Apparently in MA you don’t need to identify your target before pulling the trigger. If you make a mistake, the I thought it was a deer is enough of an excuse. With this mindset, all MA hunters coming to Maine should be required to take our hunter safety class.
That’s a fair generalization. And, according to your mindset, all Maine drivers coming to Massachusetts should be required to take a driver’s safety course and be prohibited from renting storage units.
Sure, a defensive driver’s safety course would be the right one.
Good one on the storage unit. LOL
I believe what you meant was that in Mass people need to learn how to drive with their head in their rectum while yelling on a cell phone and using no blinker. Maine drivers just don’t know how to yield or merge.
People in Mass need to learn how to drive with their head in their rectum? I assume you have mastered this skill? Perhaps you can volunteer as an instructor.
Nope, that is not the real problem.
We have learned from experience to always let a car with Mass. plates have the right of way. Our children are safer if the Mass drivers are ahead of us when they yield to their urge to merge.
Maybe she should have been wearing orange while out in the woods during HUNTING SEASON.
I won’t disagree that wearing orange would have been a good idea however that doesn’t excuse a shooter from identifying his target before pulling the trigger. This is an incident that just shouldn’t have happened.
No it doesn’t excuse it.
The last 17 minutes of hunting season, behind her own house? I can see where she thought she was safe that her neighbor, a cop, wouldn’t be so desperate for a kill.
It’s common knowledge that if you are going into the woods during hunting season, you wear orange, or bright colors. Also you should dress your animals in orange/bright as well… Not blaming her, just saying. He should have made sure it was a deer but also, you are adding information. It was behind her house? They were neighbors? I don’t see that in the article anywhere.
We don’t know what she was wearing. She might have been wearing a bright pink coat and hat, for all we know.
Many men are somewhat color-blind with red and green being the worst since they look grey to color-blind men. Was she carrying white mittens like the woman who was killed in her own backyard years ago in Maine by a “hunter?”
Even if so, no fault of hers. Who can keep track of the various hunting seasons, which seem to be in play all the time? Black powder season? I guess she’s lucky it wasn’t regular season when they use really destructive, long-range ammunition.
I’ve hunted and farmed with animals, so I’ve killed a critter or two, but would never hunt after sunset when everything is a bit vague.
So, someone who wants to get rid of a neighbor or just someone they don’t like can simply wait until hunting season, shoot the person in the woods, then say it was an “accident” and they will be completely exonerated with not even an investigation.
This isn’t right.
The Civil War was fought with black powder firearms with devastating effects.
Well, lets not forget about the hack saw happy Medic’s and the unsanitized equipment.
Well, we do know this was a woman and some dogs, not a deer, so clearly the shooter had no idea what he was shooting at. Is this not actionable?
The woman killed in Hermon, Maine, was also a woman, not a deer. I could be wrong, but I don’t think the shooter even lost his “license” to hunt.
I’ve lived 15-20 miles from that town for 30 years.
I know the area much better than the posters here, the people, and the way they think.
This article is a day old.
Therefore, I can stand by my statements. They are facts, not opinions.
And besides, one would think that the last quarter hour of any hunting season they could be safe in their own backyard!
Down to the last wire and getting trigger happy!
It is common knowledge that you know what you are shooting at before you squeeze the trigger, or even point the gun!
I live close by to where this happened. The woods are behind a whole street full of houses. It’s a residential area. Maybe we need to rethink where it is safe to hunt. I don’t understand why it is seen as okay to hunt in people’s backyards or even near them.
Maybe you too should not be allowed to hunt, Vannessa?
So firing randomly at anything that moves is ok if it’s not orange? Blame the victim?
Wasn’t blaming anyone, but thanks for assuming i was :)
Whether she was wearing orange or not isn’t the issue. The cop, who of all people should know better, didn’t positively identify his target before shooting. That’s the #1 rule in hunter’s safety that’s taught to kids before they can hunt.
Yes, I agree with you 100%….. Just saying, it she has been it probably would have helped. Not her FAULT. I really didn’t expect one simple comment to cause everyone to act like children on a playground.
Maybe a simple comment, but I appreciate your writing it. It’s generated some useful discussion. … and some that brings back some unfond memories from elementary school playgrounds.
You don’t understand… Cops think they’re above the law, it’s that simple.
Some years back there was a push to require anyone in a ” hunting area” (in the woods) to wear orange. I live in the woods – still do. And I was thinking at the time that maybe I should have orange diapers for my babies so that someone with a gun wouldn’t mistake me for a deer while I’m hanging the diapers out on the line to dry…. so that I wouldn’t be “to blame” if I get shot. And I was wondering would the UPS guys be required to wear orange uniforms when making deliveries to rural homes? …. Of course wearing hunters orange is a good idea. I usually wear orange while walking in the woods during deer season, but not the rest of the year. Coyote season lasts all year, doesn’t it? Just how much should we adjust our daily lives and our wardrobes in order to avoid looking like some animal waiting to be shot. Lets blame the guy who pulled the trigger, not the victim.
“Coyote season lasts all year, doesn’t it? Just how much should we adjust our daily lives and our wardrobes in order to avoid ” … being shot by hunter.
But since the Nimrod’s don’t even get that, then let’s up the anti …
Why is being licensed by the State’s at a nominal fee compared to the market value,
to hunt the State’s herd of deer, not socialism ?
Think about it.
Why not hire professional hunters to harvest the herd, sell the meat, and reduce everyone tax burden ?
Are we open for business, really, or not ?
Let the conservative Nimrod’s, who have no respect for common sense or other people’s rights,
( especially property rights), double talk and double standards, begin
.. err, “continue” here, I should say.
She was in a residential area. I live down the street from where it happened. These woods back up to a whole street full of houses. Maybe we need to think about where hunting is allowed – where it is safe.
Maybe she should have been carrying a boom box blasting Twisted nerve.
Yup, blame the victim. Right on.
Perhaps those MA hunters coming to Maine remember the woman shot and killed in her own backyard! The hunter claimed that had mistaken her white mittens for the white flash of a deer’s tail.
He killed her and he was acquitted of criminal negligence. The locals believed she shouldn’t have been wearing those mittens because how was a hunter to tell what they were?
Oh, and she had moved here (and would always be considered) “from away” while he was a “respected community member” and a 3rd generation Mainer. Not an especially pretty insight into Maine culture.
So much for Maine Hunter Safety. Well, maybe it does protect hunters.
A lot changed after Karen Wood and I might add for the better. One of those changes was mandatory identify your target.
“A lot changed after Karen Wood and I might add for the better. One of those changes was mandatory identify your target.”
Let’s reserve judgement on that until we see what happens to the squirrel hunter who shot a Labrador dog, claiming it was coyote, okay ?
They charged the other two and the BDN story says charges are likely in this one.
That is a start.
But still let’s reserve judgement until we see what happens to the squirrel hunter who shot a Labrador dog, claiming it was coyote, at his sentencing hearing, okay ?
The latest one is the one I was referring to. I surely hope some judge doesn’t dismiss the charges. Of all the dogs shot as coyotes this fall, that one is the least coyote looking.
I think that EVERYONE who hunts in Maine should be required a Maine hunting safety class.
Unless you have held a valid hunting license since before the law requiring hunter safety went into effect, you do have to take the class before getting a license.
They should be retested every few years.
The state should be ashamed, and the people who will let this person off totally, should be taken to the woods, minus orange clothing and forced to roam at dusk. That would give them a better idea of what it is like to be shot. A trooper should be held to a much higher standard, especially when firearms are concerned. I only hope that he would not draw down on me if I was stopped on the Mass turnpike. What he was doing, was trying to bag his deer at the last minute. Knowing perfectly the law, and time before his permit expired, he let his better judgment take a vacation, and fired, BECAUSE HE HAD SEEN A DEER IN THE AREA. Sad.
This total disregard for citizens should be stopped. How about a civil rights suit against this guy. We have to take the gun crazed hunters out of the loop. By that I do NOT mean the careful considerate hunters out there.
There are no accidents when someone pulls a trigger. I am not a gun hating individual, nor do I detest hunters, or their right to hunt, but SOMEONE should be protecting the rights of people that are callously shot each year. It’s pretty simple, if you can’t plainly see it is a deer, not “I thought I saw a white tail”, then DON’T take the shot.
state of maine ??? what the heck does maine have to do with this ?btw why is this even in our paper
Did you ask the same question of why the Patriots score was printed in the BDN or are you just a gun nut jumping on a story because it portrays hunting in a negative light?
If you read license plates on I95 during November the connection is obvious.
I think it’s the BDN’s subtle way of telling us all to start wearing body armor in the woods during hunting season. I never feel good when the massholes come to play. I was shot at a few years ago by a masshole.
Filler
Slow news day I guess.
All hunters are evil and cruel and just plain trigger happy to kill bambis’ momma.
When I go a-huntin’ I make sure that I have extra ammo to defend myself from any unexpected company, like coyotes and red squirrels. They get real nasty when they’re hungry, seen’em rip a leg clean off a calf before…on the run at that. ;<}
“state of maine ??? what the heck does maine have to do with this ?btw why is this even in our paper”
To counter the bull that OUR socialist Nimrods claim about them knowing everything about nature, ( except may-be how to tell a woman from a deer buck or a Labrador dog from a coyote), and what other people can do with their land, may-be ?
LOL
—– Reply message —–
“….gun crazed hunters out of the loop.”
What part of the story indicates that any of the participants were “gun-crazed?”
Do you mean a civil suit or a civil rights suit? If you are talking about a civil suit, that still is possible, the woman has a right to sue the guy who shot her, and will probably win. As much as the criminal system likes to protect it’s own, the civil system likes to rule for the plaintiff.
I liked your comment, and think the very last sentence needs is worth repeating.
It’s pretty simple, if you can’t plainly see it is a deer, not “I thought I saw a white tail”, then DON’T take the shot.
Her civil suit should be tasty….
This took place at dusk behind their neighboring homes. Totally irresponsible act of desperation to ‘get one’ at the last moment. And a 50 caliber? No wonder her pelvis is shattered! Her husband, a firearms safety instructor, has forgiven the cop, but their two children are saying hold on a minute! That ‘investigation’ was a little too quick. He should be charged with at least careless use of a firearm. Many of us down here are crying foul to the authorities. Somehow, I don’t believe the case will be re-opened though.
Are they sure he didn’t have a grudge against the lady? If they were neighbors, it’s possible. Any how, speedy recovery maam.
No grudge. Like I said in my earliest post, her husband has already forgiven their neighbor.
This morning, she was recovering well from surgery on her shattered pelvis.
So her husband has forgiven the shooter? Well, that’s darn generous of him!! :-)
Is that the criteria for prosecution in Mass now? If someone shoots someone else and a spouse forgives them, all is forgotten?
Husband has, their two children haven’t, and hardly any of us down here have either.
There’s quite a brouhaha brewing, so hopefully they will be forced to reopen the case. :-|
Of course, my point was that here in the State of Maine if someone shoots someone, even accidentally, it’s a criminal matter. I know of no circumstances where shooting someone isn’t a crime, therefore there has to be (at least!) an investigation.. doesn’t there??
An investigation may determine that the shooting was “unavoidable” and no charges will be filed, but here in Maine that’s a pretty ‘hard sell’ nowadays, especially in hunting season. For some reason the DIFW expects people to know what they’re shooting at!!
That’s just the thing. An ‘investigsation’ was done overnight and he was ‘cleared’. Now with her husband, local media, and the public demanding at least a charge of “careless use of a firearm”, this story should be far from over (we hope). Our laws are at least as rigid as Maine’s and probably more so. Don’t forget, Mass has multiples of Maine’s population in an area the size of The County. Even with far fewer hunters, the law is usually much more enforced/enforceable. We’ve recently had a couple of high profile cop or politician incidents that are suspect so we are on high alert for any coverups. G’nite.
I hope the husband did’nt like ahhh arrange the accident????
6PM news update! The husband is now demanding an investigation.
Boston channel 5 evening news update.
The husband now want’s a full investigation.
Her pelvis was shattered? My God! The poor lady! Large broken bones, especially the hip, i older folks (over 60) are quite dangerous and makes the person much more suceptible to fatal infections. Lady has a long road to recovery ahead of her.
The news tonight said that the ball bearing slug in her has to stay. She’s in a lot of pain, but (so they say) not a lot of danger. I had a new hip at 46 with a perfectly fine pelvis, and I was much younger and healed faster than others. Still, it wasn’t fun….
Can’t tell a deer from a senior citizen woman, and this guy carries a gun for a living?
If they are going to brush this under the carpet at least get the guy some eyeglasses for when he is out on the streets with a loaded gun.
the problem…….. “thought he saw a tail”
That was why they used to sell the small packs of red tissues for hunters years ago..Scary to think those who shoot at imaginary tails are still out there.
I saw a deer in my backyard last October,so I loaded up the shotgun yesterday and fired 3-4 times,not sure if I got it,but I ‘ll check a little later.
What is the matter with this picture! Anyone who pulls the trigger without knowing exactly what he or she is shooting at should never be allowed to handle a gun. I have owned guns my entire life and would never shoot until I was absolutely sure of my target. This guy is a police officer and should be in control of his actions at all times and not make such a huge mistake. If he gets off there is no LAW or JUSTICE in Mass.!
Granted he should of identified his target but why wasn’t she wearing some orange or equally bright color that jumps out at you? At least a hat.
She wasn’t wearing orange because the season was 17 minutes from being over.
Just like saying “she wasn’t wearing a seat belt because she was 17 minutes from where she was going”. Regardless, the shooter was in the wrong for not positively identifying his target, but it doesn’t hurt to take precautions to lower the chances of this happening by wearing orange. The same as approaching an intersection where the other vehicle has a stop sign but you make sure the approaching vehicle is indeed going to stop as you proceed. Caution is always good.
What a lame comparison. One expects to deal with traffic at all times and there is always a good chance for the need of a seatbelt in a 17 minute drive, but what are the chances of a hunter, in your OWN backyard, after DARK, and THAT CLOSE to closing time! Besides, this is a heavily populated area, especially compared to the space Maine has for hunting: apples and oranges.
Get real, Gary.
I AM being real. This kind of “accident” happens every year, and usually in suburban settings, not in the deep woods. Also, it wasn’t “after dark”, it was after sunset. I was not defending the shooter, I was merely making the point that you can’t ever be too careful, and assume that others around you are going to behave in a responsible manner. Sorry it went over your head.
5 of 5 isn’t after dark? The shortest day of the year was only a week before!
Nuttin’ went over my head like it has yours. I live 20 miles from that town, consequently the people and how they think. Down here, one can usually be safe in their own backyard, after dark, sooo close to closing time! I’d expect this type thing if I still lived in The County, but its a different ballgame down here! sheese…
Yes, such as the caution one should exercise when firing a rifle in the direction of a footpath in a residential neighborhood. And I love how allegedly seeing a deer in the area earlier in the day somehow justifies this guy shooting at … something. When I see a deer in my neighborhood I pretty assume that is long gone after a few minutes.
Yes anyone going within 6 miles of a tree during hunting season should be dressed head to toe in reflective orange clothing while banging cymbals together and blowing a whistle.
You shouldn’t have to wear “orange” clothing, HE should be aware of his target, your taught this in a NRA sponsored firearms safety course, the same one he took when he got his license.
One would hope he went through something more than a standard firearms safety course in order to be issued a gun and a badge.
What a dumbazz. You mean we still have to wear orange when we go out for a walk? It will never be safe to go for a walk if idiots shoot first before identifying their target. If you make a dumb mistake you should be charged regardless; just tell the judge “it wasn’t my fault” and see how far that gets you.
Slow news day already…
”
A man whose bid to become a police officer was rejected after he scored too high on an intelligence test has lost an appeal in his federal lawsuit against the city.”
http://abcnews.go.com/US/story?id=95836&page=1#.TwGwytQV0s-
sounds simple enough… a woman and two dogs look exactly like a deer.. no question about it..so what’s the beef
What to hell !!!!! I know if it was me there would be charges brought against me for numerous things !!!! So what they are saying is its okay to shoot someone while hunting if earlier you saw a deer and then hear something later —- WHATS WRONG WITH THAT !!!!!!!!!!!!!!!!!
The other day, a man in Maine mistook a dog for a coyote, and he faces charges. This cop in Mass. mistook a woman for a deer and faces no charges?!? Priorities messed up?
Well said…I guess in Mass. no identification of the target is necessary.
Remember the Karen Wood case, where a young mother of twins was killed in her back yard by a hunter who thought her white glove was a deer’s tail? That was horrible and it grew into a “blame the victim” deal. Her husband ended up leaving Maine because of all that blaming.
The law was changed in Maine Because of this Terrible inexcusable assault !
Maine law now requires an individual to identify his target , the same law should be in affect across America!
There is NO excuse for Target Miss Identification!
If you don’t know what it is , dont shoot!
I remember. How anyone can blame the victim in her case is beyond me.
I’m stunned by this story. A State Trooper mistakes a human being for a deer ? He fired one round when he thought he spotted a tail. Isn’t that one of the typical warnings in hunter safety classes……..firing at something white ? Tip 2: Be Sure of Your Target
I still can’t believe this happened !
I wonder how much more careful these idiots in the woods would be if the “deer” or “uh, I thought it was a coyote” SHOT BACK.
These types of situations are not accidents. The choice to shoot is a deliberate and calculated decision. Failure to ID your target and shoot anyway is a deliberate and calculated decision. People who “accidentally” shoot someone else because they did not ID their target need to be charged with third degree murder. Then you would see an end to this kind of “accident.”
You can’t charge someone for murder when they didn’t kill someone. I mean, yeah he messed up, and he was wrong not to identify his target. But her injuries were not life threatening, you can’t just charge someone with murder because they ‘could have’ killed someone, or you’d have to lock up 80% of the people driving cars today.
Lucky for him he’s a poor shot.
Both good points. I let my emotions get away with me. So lets charge the hunter with; assault with a deadly weapon, attempted murder, failure to exercise proper caution with a lethal weapon, lets see, what else…. how about charging this guy with “outright stupidity” I still say this kind of situation is no accident. It was the result of deliberate, thought out, considered, decisions. This is probably mentioned elsewhere but… suppose it was a deer? So is it OK to take a blind shot at a deer without being able to aim to kill? I was taught that not only do you have to properly ID your target, you also have to have a clean shot at a kill zone. So WTF?!!!!
Think about every time someone takes a shot and hits nothing, but the bullets whizzed by within yards of another hunter or hiker. What this all boils down to is one thing. When someone takes a shot, and they don’t 100% see the target, they are putting their desire to kill an animal ahead of a human life. If you drink and drive and get caught, you go to jail, you are endangering the lives of those around you, you don’t have to hit someone to get arrested. But every day in hunting season at least one person does the equivalent of drinking and driving by blindly firing a deadly weapon into an area and they have no idea whether there is a deer in there or a person.
There is no such thing as “third degree murder”. Manslaughter would be an appropriate charge if someone died.
The Blue Wall
I hope this woman sues this COP for gross negligence. Make him pay the big bucks since the Boys in Blue won’t prosecute this fool.
IDENTIFY YOUR TARGET!!! Rule number one! Rule number two, PLEASE DON”T COME TO MAINE TO HUNT!!!!!!!!!!!!!!!!!!!!!!
Wow, how can a woman and her dogs be mistaken for a deer?? Wow, should he have his hunting license? Since when is there no investigation when a person gets shot by cop?
mass-holes. look out when they have a gun
He THOUGHT he saw a TAIL??? How about you wait until you are certain you see the whole deer. You aren’t going to shoot it in the butt anyway. Hunting season was coming to a close. My guess is that he was a little desperate and shot hoping a deer was there.
He should have his hunting license suspended or revoked and should be charged. At the very least I would assume there is a level of negligence involved here.
I think maybe hunting season needs to end BEFORE sunset. I mean, seriously go out into the woods 44 minutes after sunset in the winter and tell me how sharp your vision is? Not to mention, I doubt seriously this happened during legal hunting season. Cops are always knocking things down a few MPH or that sort of thing. Notice how many tickets are issued for speeds ending in 4 or 9?
They all get away with their crimes. Just like the recent incident where the Trooper got caught for OUI while off duty…now he gets a paid leave for all his glory…..Pathetic.
schlepp the Maine Trooper has been charged with OUI and is awaiting his day in court. He was charged just like you or I would have been.
I wonder if there would be an investigation if she died as a result of his “mistake?”
Really? I can’t believe you would ask that question when you know the answer.
If I knew the answer I wouldn’t have asked the question….do tell, what is the answer?
There won’t be much of an investigation other than what has already been done.
I wonder if there would be an investigation if the trooper were out walking his dogs and got mistakenly shot for a deer.
Its the LAW that you are to know your target and beyond before shooting. This man should be prosecuted . We all have to take a Hunter safety course. This man needs to read the Ten Commandments of Hunting again. Should not be a police officer. For sure should be in Jail…
“Its the LAW” in Maine, don’t know what the law is in Massachusetts.
Guess I didn’t realize that deer now hang out with dogs!! Two of them, in fact— It sounds like this Trooper needs to spend a lot more time on the shooting range!
he’s already submitted his retirement papers me thinks
“no violations have been found”
Oh, except for that incontrovertible evidence that he violated the law in misidentifying his target and shooting a human being as a result. So apparently shooting people during hunting season in Massachusetts is legal.
Come to Maine. Where deer huting means you can get away with attempted and murder. Karen Woods anyone?
Not anymore, the law was changed to allow for prosecution of people negligent in identifying the targeted game.
What ever happened to identify the target and then shoot. It appears the Trooper shot first and identify later. I’m just assuming if it had been a moose or someones pet he would’ve fled the scene and covered it up? Of course he couldn’t leave the scene of the shot woman; thus, facing manslaughter charges. Troopers are trained to acknowledge a threat and then take appropriate action. Mostly a reaction to someone else’s deadly action. This trooper should be facing charges for his irresponsible action. Negligence is no excuse for the law. At the very least reckless conduct with a firearm and clearly a suspension if not fired. Some troopers have been let go for less severe circumstances.
What ever happened to identify your target and then pull the trigger. This was a trigger happy trooper whom was willing to take a chance on shoot first then identify. What if it was a moose or someones pet. Would he have fled the scene under those different circumstances. Clearly the answer is probably yes since a hunter takes a chance with shoot then identify. Troopers are trained to react to someone else dangerous action. This goes against his training. Negligence is no excuse for the law. He should be facing an aggravated assault charge if not at least reckless conduct with a firearm and a suspension to say the least.
Exactly: to misidentify a person as a deer is patently negligent.
of course it was accidental, i dont think he did it on purpose, just like any other crime..it was an accident.
He pulled the trigger on purpose, therefore it was not an accident.
car accidents happen every day, there is alway someone found at fault, so why isn’t the guy at fault? To walk away scott free, doesn’t even happen in severe car crashes. Which by the way are much more accidental than shooting someone.
People get tickets for shooting dogs accidentally in the woods while hunting but nothing happens to someone who accidentally shoots a person?
Not alway true, Glenburn Res.
Don’t know what the Mass law would be, do you?
Bath salts?
( First mention in 2012 – door prize? – or just show me the door? Tongue firmly planted in cheek, for those who can’t tell. Sad story, actually.)
We put people who mistakenly shoot a dog during hunting season through the wringer in Maine. It is really outrageous. No I am not a hunter but common sense dictates this will happen. Here is a man who shot a person accidentally and there will be no further investigation. Why do we make life hell for those who mistakenly shoot dogs in the woods??? Dogs should not be in the woods during hunting season.
There should be an investigation into this incident. Common sense dictates that this type of incident should not happen.
Dogs have every right to be in the woods be it hunting season or not. What they don’t have the right to do is harass wildlife or humans and if you read the Herald they were on their own property.
Perhaps, assuming the town has no leash law, and most have that. Also, common sense would suggest that unless you are entirely cavalier you take some protective actions for your animal, forget about rights. By the way, if a dog is let loose and there is no leash law, why don’t they have the right to go after wildlife?
What I said was in response to imp1’s last sentence.
There is a state leash law that supersedes any local law unless the local law is stricter.
There are state laws about dogs chasing deer to be specific.
“Dogs should not be in the woods during hunting season.”
Why not? The woods belong to everyone, not just hunters. Maybe hunters should look before they shoot. A person doesn’t look anything like a deer and a black lab with floppy ears doesn’t look anything like a coyote. The responsibility lies with the person pulling the trigger!
Accidents will happen, BUT there should ALWAYS be an investigation when someone is shot by a government official.
My only question is: Was the victim wearing white mittens?
It’s ironic that this happens in the state with the most absurdly restrictive gun laws. The cops there have a much bigger advantage over the citizenry when it comes to gun rights. I hope this cop gets sued for all he’s got. I hope the victim winds up getting more of his pension than he ever gets.
how about charging him as a regular civilian? oh, never mind. nothing to see here, move along now.
How convenient…..no charges and no internal investigation….must be SWEET to be in law enforcement.
She’s lucky she didn’t get charged with something.
Perhaps we should end each hunting season without notice. Flash it up on TV as if a severe thunderstorm were coming!
I thought, apparently mistakenly, that a hunter must be able to recognize more parts on a deer than just what he thought was a tail. Doesn’t anyone remember why that law was created…remember Karen Woods?? Anyone else would be brought up on charges. I never knew that being a state trooper has special perks like being able to shoot someone and pass it off as an accident with no investigation and no consequences.
Trooper Bergeron I would advise that in future hunting excursions you learn to know what it is you are shooting before you pull the trigger…if everyone hunted that way, it could be one of your family members or you that are on the other side of the gun!
This happened in Massachusetts. I have no idea what the law is for target identification. The target identification law here in Maine is a direct result of the Karen Wood shooting.
The 4 Rules of Gun Safety are Basically the same around the world.
Jeff Cooper,who advocated four basic rules of gun safety, was recognized as the father of what is commonly known as “the Modern Technique” of handgun shooting, and one of the 20th century’s foremost international experts on the use and history of small arms.
1. All guns are always loaded. Even if they are not, treat them as if they are.
2. Never let the muzzle cover anything you are not willing to destroy. (For those who insist that this particular gun is unloaded, see Rule 1.)
3. Keep your finger off the trigger till your sights are on the target. This is the Golden Rule. Its violation is directly responsible for about 60 percent of inadvertent discharges.
4. Identify your target, and what is behind it. Never shoot at anything that you have not positively identified.
The NRA provides a similar set of rules:
1. ALWAYS keep the gun pointed in a safe direction.
2. ALWAYS keep your finger off the trigger until ready to shoot.
3. ALWAYS keep the gun unloaded until ready to use
The Canadian Firearms Program uses the concept of The Four Firearm ACTS:
1. Assume every firearm is loaded.
2. Control the muzzle direction at all times.
3. Trigger finger off trigger and out of trigger guard.
4. See that the firearm is unloaded. PROVE it safe.
Canadian Firearms Centre, The Four ACTS of Firearm Safety
I know the rules of gun safety very well. My father taught them to me and I have passed them down also.
My point to the poster was the Karen Wood incident happened in Maine. It resulted in the target identification laws we now have.
This happened in Massachusetts and I have no idea what the laws are in Mass regarding target identification.
I agree with your post, I was just attempting to back you up to others on what gun safety is all about and who is responsible to make sure that it’s followed correctly. Thank you for being a responsible gun owner. We need more like you out there spreading the word that we (I) am the only one that is qualified to discharge “my” firearm, Nobody else touches it without my explicit permission. Thanks again and Be Safe ! ;<)
Another Good Ole Boy cover up. No Charges? And they let this COP have a gun?
Unsat……
Anybode else they would have went to jail
No Charges!….I guess we don’t the whole story. But it does sound odd…….
Just the kind of guy you want to ‘protect and to serve’ Definitely the wrong person was shot.
Atleast he didn’t kill the lady i guess. Join the good old boys club though.
In a recent comment I made bout cops protecting their own based on teh Maine trooper stopped for DUI. I received a lot of hate comments from people. In the cops own letter published in the BDN, he was indicating how cops do look the other way with their own. Wake up people..employee discounts.
Maybe this is how this cop trained for his target identification and weapons handling for his backwoods venture – http://www.youtube.com/watch?v=eykXTU8SYlE
He shouldn’t be allowed access to a loaded firearm ever again after this appalling lapse of concentration and judgement. I’m appalled that his buddies can’t see that this looks bad in the publics’ eyes. After all, it’s the public that pays the wages of him and his buddies.
To allow hunting as much as seventeen minutes after sunset ,when anyone who drives a car knows how difficult it is to see clearly, is nuts.
If he can’t see well enough to tell a woman from a deer he needs not to be in law enforcement.
This reminds me of the woman in Jackman who was shot inside her house after game wardens and state cops surrounded her cabin..she was asleep and when she heard noises outside she grabbed her rifle The Law shot her dead through a window..She lived in an isolated area in the Allagash Region..no charges.. and another instance just outside of Van Buren when a man was gunned down by Border Patrol and a game warden..the man was holding a rifle but it wasn’t loaded..also they did not even bother to wait him out..use tear gas or call a negotiator..ya think maybe police are getting out of hand?
And how does this…..over never mind.
civilians have been jailed for shooting a domesticated animals by mistake
Could you cite one example of a “civilian” being “jailed” for “shooting a domesticated animal” please.
Yes
Oh, then please do.
You obviously have a computer and an internet connection–you look it up.
Jeremy Tompkins
________________________________
You made a claim and you have been challenged on the validity of that claim.
China I don’t play games. If you make a claim back it up or it is not based in fact.
He can’t identify a deer in the woods on his day off? I wouldn’t want to wave at him when he’s on duty. He might think I’m pointing a gun at him.
Oak Street sounds residential to me.. Not that i woudl know never been to that part of Mass.
And this, coming from the same state that doesn’t trust it’s own taxpayers to own or carry a gun, brilliant. Not to fear folks, police are highly trained professionals (who are known to drive drunk, hit a deer at 105mph, and mistake human beings for deer), they’ll protect us!
I bet it was not minutes before sunset but minutes after and it was just plain dark and he shot. Where would any of us be? Well I will help answer that even though we all know, JAIL. He needs to be held accountable for what he did as the average citizen would have had to. I bet he will be transferred very quickly. Why not charges? He shot a person HELLLLOOOO, not a deer, when did deer start walking on two legs with dogs romping around with them.
I have to post again, We preach to our children and in Hunters safety to identify your source before you put your finger even on the trigger. If that was myself, friend, child or neighbor who pulled that trigger would the law say it was accidental? I really wonder about the law enforcement these day`s. Did the 66 yr old woman have a white wagging tail. And Oak St. Is that residential?
Wow I saw a deer tail. Guess I should shoot and get it! Now is that proper identification?
good job
Glad I don’t look like a deer. Might be more of a moose……..
I am not a hunter, but I thought there were laws (at least here in Maine) about the distance needed between houses and woods before you could hunt there. Am I mistaken?
Must be a well connected HACK
No charges?!?!? “Accidental”?! Sheesh—at least in Maine, the AG’s office would have half-heartedly investigated before they automaticaly ruled it ‘justified’. (sarcasm now off)
“he thought he saw a tail”…. ahhh, aren’t you supposed to positively identify your target?
Just to clarify: According to further articles, she was wearing bright green, and the sun actually set at 4:22, more than 30 minutes before 911 was called.
I will now avoid driving through Central MA…I’d hate to be an innocent bystander when he’s around chasing a toll avoider.
To clarify: updated reports state she was wearing bright green. Sunset was at 4:22 pm. 911 was called at 4:55 pm.
I hope he does not hunt in Maine, we have enough of our own idiots here.
Oooops…
Very stupid mistake. This Trooper should bave to be held accountable for his actions. HE took an innocent life.
Ah did you read the article or just jumped to a conclusion?
From the above article – “Blair remained at Rhode Island Hospital as of Sunday night. Procopio said her injuries are not considered life-threatening.”
“not considered life-threatening” = the person shot is still alive.
Tragic. Hopefully, he’ll be permanently “off-duty”.
Proffesional football players get fined or kicked out for “excessive force,”even if it wasn’t intentional. That’s a game, not real life. What gives here?
Like all people everywhere, “we see what we want to see” “we hear what we want to hear” and “we believe what we want to believe” totally regardless of the facts presented or that we force ourselves to disbelieve our “lying eyes”. All of the above will lead to tragic consequences at some point. So if anyone has not been in the position of any of the above, that person is truly one in a million. For the lady’s sake, it’s a good thing the officer is a lousy shot.
IT IS NOT AN ACCIDENT! Know your target people, what to cripes is going on here? If he tripped and his gun went off, that is an accident..he was negligent! If I am driving carefully and hit a pedestrian in dark clothes at night, that is an accident, if I am speeding and not looking at a crosswalk, its negligent!! This is total BS, I am so sick of idiots shooting things that are not game!!
For sure. There is a difference between a mistake and an accident.
to bushfan the woman had non life threatening injuries. No life was taken.
Alright now everyone, find out where people go hunting that you do not like….if you shoot them, it doesn’t matter, it will be an accident…..
Guess he missed the class on “Target Identification” at the academy
I hope everyone on here with their rude comments don’t ever find themselves in the position of being judged. It was an accident and we don’t know the full circumstances. I’m sure he feels horrible about what happened…
Please excuse all us dumb civilians for having an opinion in a matter that only the cops can understand. We just can’t help ourselves because this happened in a state where the general attitude is that guns are only for cops.
The circumstances were that the hunter failed to identify his target. And being a police officer, he should know better than to shoot without making a positive identification.
O.k. someone on here said, me and my family shouldn’t be allowed to hunt. Recap. Because my dad shot his truck when I was a small child. My friend from high school shot his hand off. I stated accidents happen. I rest my case….. I hope this state trooper looses his hunting license!!!
I think you want him to tighten it…
A man mistakes a dog for a coyote and they want to hang him. A trooper mistakes a woman for a deer and its an accident. O.K. Sorry, I’m confused……
The trooper made a bad mistake but let’s put our thoughts and prayers towards the woman that she recovers quickly. I’m sure she has a husband, son, daughter, parents … let’s keep her in our prayers, the trooper is alive and healthy and can take care of himself … maybe.
Read Mass Law!! Chapter 131 Section 60 The lady needs to press charges!!
It’s a common misconception that victims (or even the police) can “press charges.” Only prosecutors can file charges.
Read Mass Law Chapter 131 Section 60…..I’m confused??????
Section 60. A person shall not use any firearm, bow and arrow or other weapon or article in a careless or negligent manner so as to cause bodily injury or death to another while engaged in hunting or target shooting. Any person, while so engaged, who causes injury or death to any other person by reason of the use of any firearm, bow and arrow or other weapon or article and any person having knowledge of such injury or death shall immediately report the same to the state or local police who shall in turn submit a copy of such report to the director of law enforcement.
Any person found guilty of, or convicted of, any violation of the first sentence of this section or any person failing to make the report required by this section who is the holder of any hunting or sporting license issued under the provisions of this chapter shall forthwith lose any rights thereunder, and said license shall be surrendered to any officer empowered to enforce the provisions of this chapter and no other hunting or sporting license shall be granted to him for a period of five years.
~~~~~
So the penalty is no hunting or sporting license for a period of five years.
Can’t he tell the difference? Did he identify the target BEFORE PULLING THE TRIGGER? NO EXCUSES!
The 4 Rules of Gun Safety are Basically the same around the world.
Jeff Cooper,who advocated four basic rules of gun safety, was recognized as the father of what is commonly known as “the Modern Technique” of handgun shooting, and one of the 20th century’s foremost international experts on the use and history of small arms.
1. All guns are always loaded. Even if they are not, treat them as if they are.
2. Never let the muzzle cover anything you are not willing to destroy. (For those who insist that this particular gun is unloaded, see Rule 1.)
3. Keep your finger off the trigger till your sights are on the target. This is the Golden Rule. Its violation is directly responsible for about 60 percent of inadvertent discharges.
4. Identify your target, and what is behind it. Never shoot at anything that you have not positively identified.
The NRA provides a similar set of rules:
1. ALWAYS keep the gun pointed in a safe direction.
2. ALWAYS keep your finger off the trigger until ready to shoot.
3. ALWAYS keep the gun unloaded until ready to use
The Canadian Firearms Program uses the concept of The Four Firearm ACTS:
1. Assume every firearm is loaded.
2. Control the muzzle direction at all times.
3. Trigger finger off trigger and out of trigger guard.
4. See that the firearm is unloaded. PROVE it safe.
—Canadian Firearms Centre, The Four ACTS of Firearm Safety
Celebratory Gunshot Fired Miles Away May Have Critically Injured Florida BoyPublished January 02, 2012| FoxNews.com Print Email Share Comments Text Size
WTVT.comDiego Duran, 12, is in critical condition after a bullet entered the top of his head.Florida authorities say a child may have been critically wounded as a result of celebratory gunfire shot into the air miles away on New Year’s eve.At 1 a.m., Diego Duran, 12, who was with his family outside their Ruskin home admiring a fireworks display, suddenly dropped to the ground bleeding from his nose and eyes, Sandy Duran, his mother, told authorities.Without successfully determining the cause of the injury, the family rushed the injured boy to South Bay Hospital and doctors determined that a bullet had entered the top of his head. He was then moved to Tampa Bay General Hospital where he remains in critical condition with the bullet still in his head.There were no reports of gunfire nearby, and detectives believe the boy was hit by gunfire falling from the sky fired from a distance of up to miles away.Sandy Duran, the boy’s mother, told Cfnews13.com that her son is moving his arms and legs and seems to be responding to people.”It feels like witnessing a miracle,” she told the station. “It really does, considering the trajectory of the bullet. It’s miraculous.”Authorities in the area are trying to determine who pulled the trigger by questioning people in the surrounding area, and said if the individual is caught, he would face serious charges.“It is a crime,” Larry McKinnon, the spokesman from the Hillsborough County Sheriff’s Office, told WTSP.com. “It is an irresponsible act, and if we find out who did that, the consequences are going to be some very serious felony charges.” The Associated Press contributed to this report.Read more: http://www.foxnews.com/us/2012/01/02/celebratory-gunshot-fired-miles-away-may-have-critically-injured-florida-boy/#ixzz1iMAKyf5c
The3 guy should go to jail for murder. Clear violations of rules 2, 3 and 4. This guy is a cop!! Cops are the ones always telling we the citizens that they are trained to use firearms and know how and when to use them. This guy is to stupid to tell the difference between a human and a deer? Really that’s his excuse stupidity of the highest level..
I am sure that Officer Barbrady will be severely reprimanded “wink wink”
Murder is a deliberate act. Of course, it also requires the victim to be dead, and the victim isn’t dead…
just me but why would you hunt on a street with a name.
Was the State Trooper on Bath Salt at the time or just plain dumb. I have hunted for forty yrs. and never seen a person look like a deer. But too rule it accidental is a crime in itself by the Mass. AG office. So if you live Masshole and shot someone just tell them you are a state trooper and you will be sat free.
17 mins after legal sunset ,and shooting at what he thought was a deer tail ,what does this tell you ,Not a very good cop ,he should have to take a hunter saftey course and be charged with night hunting ,just because he is a member of the police dept does not justify anything , the law is the law!!!!!!!!! If that was anyone else there would be a game law investigation… He should not be allowed to carry a gun ,maybe a desk clerk job would be better !!!!!!!!!!!!!!!
Holy maybe he should go back to school or get his eyes checked. Or better yet give up hunting, You are only to shoot at a deer if you are sure it is a deer. Hunting class might be a good thing for this trooper
It’s a No-Brainer! Law enforcement should be held to a higher standard when it comes to target identification!, once again we see that they are no smarter than us mere peasants, they just happen to have a badge, gun and a brotherhood that lives above the law. They should make the cowboy cop wear a wooden 9mm until he can be trusted with a real firearm(if ever). Leave it to Mass. Troopers to lead the way in firearm safety, but at least.. I’ve heard that the trooper did tell the deer to get on the ground and freeze!.
O.k. This isn’t murder, she is alive. How about assault with a deadly weapon. Isn’t that what they would charge anyone from the general public with. O.k. say she was a dog and you were the average hunter, what would the charge be? Isn’t her life the same value as a dog’s life?
Any charge depends on what laws are on the books in Massachusetts.
Normally “assault with a deadly weapon” would be filed when there was “intent” to cause injury of a serious nature. In this case the Trooper “thought” he was shooting at a deer and there was no “intent” to cause serious injury to the woman.
In Maine it is illegal to shoot a dog and when it does occur the person is normally summonsed (i.e. given a ticket ordering them to appear on a certain date and time). They are subject to a fine, loss of weapons and hunting licenses.
In Massachusetts, the person can lose their hunting and fishing privileges for up to five years if the mistakenly shoot a person. That’s it.
I’m sorry, but I used to be a hunter and the one thing that was drilled into my head over and over and over was if you can’t see something enough to properly identify it and whether it’s male or female – DO NOT SHOOT! End of story. You never shoot at just a tail. As a hunter and a trooper he should have known that. I commend him for taking responsibility and his quick actions in getting her help, but at the very least, he should lose his license and firearm just as any irresponsible hunter should.
“…..and fired one round when he thought he spotted a tail.”
Thought he saw a tail?????? First of all, you do not THINK you see something and shoot, second, you do not shoot at a tail.
He should face some charges, if not, then the victim should go after him for negligance.
If he had “accidently” shot a moose, he would be in jail by now with a hefty bail and a jail mate named “Queen Shirley”. ;<)
Here is a link to the 911 call – 12+ minutes long. I know what I head, but I will let others draw their own conclusions.
http://www.tauntongazette.com/multimedia/video/x28914894/911-call-on-Norton-hunting-accident