Hunting Washington Forum
Big Game Hunting => Bear Hunting => Topic started by: Airnip on July 11, 2009, 08:00:38 AM
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http://www.msnbc.msn.com/id/31860742/ns/us_news-crime_and_courts (http://www.msnbc.msn.com/id/31860742/ns/us_news-crime_and_courts)
Be sure of target and background before putting finger in trigger guard.
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We heard that on the radio. They had to punish him and the sentence seemed reasonable considering it was truly an accident. It should have never happened, if he would have waited to properly identify his target it wouldn't have happened. It's just too bad that it happened because not only did he ruin the other families life, he has had a serious effect on his own life and his family.
They say he was ordered to attend hunter education. Doesn't the law state that he will lose his hunting privelages until reinstated by the commission???
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Not enough time if you ask me.
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A better sentence would have been for him to help teach hunter ed. and to be able to show why it;s important and what can happen if you don;t identify what your shooting at.
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I genuinely believe it was an honest accident and I feel for the kid...
That being said, I thought the sentence was very, very soft. Should have been quite a bit more time, and WAY more community service. Guest star at hunter education classes to teach what? That you can get off easy for being an idiot and killing someone?!?!
The kid made the biggest mistake of his and someone else' life... that should have far more serious reprocussions.
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I would agree that more community service would not have hurt at all.
If the kid had any intent I would also agree with more juvenile time. However, I think we need to remember he did not have intent and the longer you keep him incarcerated with youth criminals the greater risk of turning him into a criminal.
Myself I would agree to giving him less jail time and far more community service. He will be thinking about how he messed up while working for the community. If you want to punish him more, do it in a manner that benefits the community and with less risk of turning him into another real criminal. :twocents:
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I have to say that is the lightest sentence I have ever seen. I think the boy could use way more community service time, but you are correct if you put him around other criminals he will just become one.
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House arrest and WAAAY more community service. He did kill someone but I dont think he is a threat to the public so jail is not the right place for him. Just a sad deal all around.
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House arrest and WAAAY more community service. He did kill someone but I dont think he is a threat to the public so jail is not the right place for him. Just a sad deal all around.
I agree 100%.
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Honest accident... I don't think so. This doesn't even come close to meeting the criteria as an accident. He deliberately aimed at her and pulled the trigger.
Let’s not make any excuses. This was negligence and stupidity, brought on by excitement and overzealousness. These kids should have been better supervised by their father or another adult. It's one thing to allow a 14 year old to go walk a ditch or a fence line and jump shoot some ducks or pheasants alone. And entirely another to send him into the woods with a high-powered rifle in an area frequented by people.
This kid got off so light it makes a mockery of our judicial system. He's not even on probation until he's 18. Maybe he's a good kid, but he KILLED someone for Gods sake!
Though I feel sorry for both families this NEVER should have happened in the first place.
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honestly how do you mistake someone for a bear :dunno:
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Honest accident... I don't think so. This doesn't even come close to meeting the criteria as an accident. He deliberately aimed at her and pulled the trigger.
Lets not make any excuses. This was negligence and stupidity, brought on by excitement and overzealousness. These kids should have been better supervised by their father or another adult. It's one thing to allow a 14 year old to go walk a ditch or a fence line and jump shoot some ducks or pheasants alone. And entirely another to send him into the woods with a high-powered rifle in an area frequented by people.
This kid got off so light it makes a mockery of our judicial system. He's not even on probation until he's 18. Maybe he's a good kid, but he KILLED someone for Gods sake!
Though I feel sorry for both families this NEVER should have happened in the first place.
I totally agree with you clindsayrun.
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Too light a sentence if you ask me. :twocents:
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I hear what you guys are saying, but I'm still glad they didn't put him in for a long time, I think there would just be a greater liklihood of creating a real criminal. As mentioned I think it would be much better to have given him a lot more public service. Something positive comes out of the public service, and if he had to work at public service for a few years it would still be a significant punishment.
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My kid cousin stole a skateboard directly from another kid and got a tougher sentence than that.
12 months in a kids home. 30 days in county children's facility. First offense of any kind.
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I agree with Bearpaw... Tragic accident... his parents fault more than his! You cannot put that much trust into a young teenage or younger kid... if you do...you are ASKING for trouble. I dont care how trustworthy and smart you think your kid is... being a kid is making bad calls... this kid did that... and it was a really bad one...
His guardians should ALSO be teaching hunters ed With Him....
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Wow...I have a buddy who's son was convicted of want and waste of a moose. The boy got 2 weeks in McLaughlin Youth Center in Anchorage and a $2000.00 dollar fine. Mind you the lad had harvested 1/2 of the meat and was going back for the rest when a big ass storm moved in. He did not get back to the moose for 4 days and by then it was rotten, partially eaten etc. He and his dad called Fish and Wildlife to turn in a report, and he still got hammered hard.
I tell you this believing that the lad who shot the lady should be doing more time with the hunter ed program; assistant instructor in my opinion, going to local schools and talking about gun safety, assisting the fish and wildlife department folks with garbage clean up etc.
But if this is what the judicial system deems an appropriate sentence then that is it.
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wow Ray...that is unbelievable....sometimes there is no justice and sometimes they go nuts.... :twocents:
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I agree that the sentence was to light, however, I would not want him in jail for any length of time with all the gang bangers and such. He should have to spend a lot more time in community service, and be under house arrest for a very long time, with an ankle bracelet on.
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There was another person shot dead mistaken for a bear down in Skamania county not too long ago. Shooter was high school teacher well liked in the community. Person killed was a bush picker. Apparently after the shooting the shooter didn't even go to check on what he shot. Turned himself in some time later. Tried to relocate the story unsuccessfully.
Did find a Superior Court decision about Dale Ammon shot 102 feet away across a meadow six to eight inch tall grass 6:30 on the sunny morning of October 16,1949 by Chester O. Green. Who was denied appeal of his conviction on manslaughter.
Here's a link to that: http://www.mrsc.org/mc/supreme/archive/038wn2d/038wn2d0240.htm
Since shooter Tyler J. Kales is a minor there is no public record of the court proceedings. Without the court records it is very difficult to determine if the punishment is severe enough. Hiker Pamela Almli was bent over to retrieve something from her pack when she was shot.
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Well got a couple things mistaken the shooter in Skamania county Craig A. Sjoberg shot and killed Juan Rojaz Cortez while hunting elk. Apparently he was a middle school teacher not high school.
Here is the prosecutor's document:
http://media.katu.com/documents/081120_probable_cause_affidavit.pdf
Here is one of several newspaper articles:
http://www.kptv.com/news/18026866/detail.html#-
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Wow...
that was an incredibly light sentence. Even though this was an accident, the punishment should have included at least 100 hours of community service, mandatory hunter education training and instructing, and restitution to the victims family. This would put at least some of the burden on the kids parents as well. I've been a firm believer in adults being partly responsible for the mischief of the children.
anywho... my .02
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I personally think it is a great thing this kid didnt get hammered on! This kid will live with this the rest of his life! There are a lot of circumstances left unaccounted for in the brief article posted here! And for the guys out there bashing the kid for hunting without supervision!! WTF He was with his 16 year old brother!! Its great kids can get out and enjoy the outdoors. And what better way to do it than with family!! It was an accident! There was not a malicious crime...An accident! I understand they shouldnt have been hunting a popular hiking trail but then again would it have mattered?? Just my :twocents:
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I don't think he should 'teach' hunter safety...as he's not qualified. I feel the same way that people who kill others drunk driving doesn't make them qualified to be driving instructors. I think he should never be allowed to hunt again. Maybe he shouldn't be allowed to handle firearms until he's 21...but I think with a manslaughter charge, that might be already taken care of.
They should possibly have him do a PSA to use in hunter safety class.
Kurt
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I agree that it was a light sentance and feel that he should have got a little more on the community service side but do any of you think that a day will go by the rest of his life that he wont think about what he did and feel terrible about it. Im sure it would be hard as hell just to live with youself knowing you shot a killed a person, I cant even imagine. He will have that punishment until he dies.
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I must say, whoever the numb-nuts is that turned him loose in the woods unsupervised should be doing a little time too. With that being said, if and when the reality of what he's done hits him, he will carry it around like a rock in is stomach for the rest of his life. That is a severe punishment in my book, but only a psychic could know if he really feels that kind of guilt.
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I definitely agree his parents should be facing some penalties. People should be responsible and liable for their kids. The community service is way too light. It should have been in the several thousands of hours, not 3 weeks worth.
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I agree that it was a light sentance and feel that he should have got a little more on the community service side but do any of you think that a day will go by the rest of his life that he wont think about what he did and feel terrible about it. Im sure it would be hard as hell just to live with youself knowing you shot a killed a person, I cant even imagine. He will have that punishment until he dies.
+1
I understand that you guys want him to learn his lesson by teaching others what he did, but, honestly, I don't think he has the credentials to be teaching. what the should do is have a penalty panel of some sort and make a video about it. Or have the wrong do'ers attend the hunters ed classes and talk about the story they were involved in. You know, like the victims panel you watch when you get a DUI.
:twocents:
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+1
I understand that you guys want him to learn his lesson by teaching others what he did, but, honestly, I don't think he has the credentials to be teaching. what the should do is have a penalty panel of some sort and make a video about it. Or have the wrong do'ers attend the hunters ed classes and talk about the story they were involved in. You know, like the victims panel you watch when you get a DUI.
:twocents:
Great idea, have a video made of the incident, make him tell the story...
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Let's not forget this fact: in 25 years, only 1 non-hunter has been fatally shot by a hunter in Washington.
This kid made a mistake that was totally avoidable. End of story on that. He will pay for the rest of his life. I agree the sentence was probably too light.
I'm a hunter education instructor, and believe me: we try out best to instill a sense of safety into each student. Hundreds of these students come out with a great dreaded fear or ever pointing a muzzle at something they don't want to shoot. We hammer them about being sure of their target, and what's beyond.
LIke any human endeavor, there is a chance of one lone student making a mistake, no matter how well they are coached and instructed.
Also, in my opinion the youth are much more safety conscious than some of the adults who think they already "know it all". I'd rather hunt with many of the youth in our classes than some of the adults.
Judgment and maturity with adulthood? Isn't that the same group of people that voted for "hope and change"?
As for this kid teaching in a hunter ed class: no thanks.
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:yeah: bob33 I agree with you, good comments.
I also agree with tonymoe that the boy should be involved in making a video that can be shown to hunter ed students, that's possibly the one way for some good to come from this sad event.
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bear hunter's are going to lose big over this next year. what's next traditional archery only it's all coming. were loseing elk and deer at a very alarming rate. the new bear and cougar cutbacks and second pack of wolf's discovered in washington. or game department dont care about us the kid and his grandfather put another nail in the coffin. this in the wolf are major news now.Rick
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Let's not forget this fact: in 25 years, only 1 non-hunter has been fatally shot by a hunter in Washington.
thats not a fact. try atleast 2 non-hunters being shot and killed
teacher in camas shot a grass picker just last year (maybe year before)
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30 days for an INTENTIONAL shooting!!!! not enough time at all. For starters it wasent a case of mistaken identity. Im sorry but who ever thinks that needs to read the facts. If it was a true mistake the kid would of never of been convicted of man slaughter in the first place, if it was a true mistake he would have been sentanced to nothing and it would of just been rulled an accident...... the facts are simply this
#1 lady was within 100 yards when trigger was pulled (not to far where you can see what it is your shooting)
#2 she was wearing a bright blue coat (hard to confuse that with black bear)
#3 did you know after he shot he never went to check what he shot???... wouldent you check to see the "bear" you shot?????
the kid knew it was a lady.....i believe he dident try to shoot her, but over her to scare her. But he knew what he was shooting at when he pulled the triger.
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Damn Rudedawg where are you getting this info? You come across as a friggin lunatic ! You need to put the bottle down.
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Please correct me if I am wrong, but isn't manslaughter when you kill someone without premeditation or intent, murder is when their is premeditation or intent to kill? :dunno:
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Manslaughter in the second degree may be committed by the doing of an unlawful act, or the doing of a lawful act in an unlawful manner, although at the time the defendant did not actually know that the act would result in homicide
example
two people on a motorcycle, the driver is SPEEDING going 100mph, you crash and your passanger dies because you were going to fast, would be man slaughter for breaking the law but dident intentionaly kill your passanger
If you were going the SPEEN LIMIT and crashed and your passanger dies its not manslaughter, its just a simply accident cause no law was broke
The kid was he charged for man slaughter in the 2ND cause it wasent an TRUE accident, it wasent a case of mistake identiy, reports say he shot over her head to try and scare her...casue he wasent Intentionaly trying to shoot her its rulled as man slaughter in the 2ND.....
Trsst me I wen to school for this
So sorry 50caljim if i know the facts.....and the bottle hasent been opened yet either, not for another 5 days when I kill my bear
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"MOUNT VERNON, Washington - A teenage hunter who shot and killed a hiker he mistook for a bear has been sentenced to 30 days in juvenile detention and 120 hours of community service.
Tyler J. Kales, then 14, was hunting with his older brother in August when he shot 54-year-old Pamela Almli of Oso, who was trekking on the popular Sauk mountain hiking trail north of Seattle.
Kales, who has since turned 15, apologized to the victim's family at Friday's sentencing and said he hoped they could forgive him.
Kales, of Concrete, was convicted last month of second-degree manslaughter with a firearm".
Rudedawg, if you went to school, did you learn to read? He was found guilty of shooting a hiker he mistook for a bear. Please produce the court documents that state he shot over her head to scare her. I don't believe they exist.
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"thats not a fact. try atleast 2 non-hunters being shot and killed"
You are correct. Thanks for the correction.
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hahaha Its odvious KILLBILLY wasent listening....thats my WHOLE POINT, HE WAS FOUND GUILTY BECASUE IT WASENT AN ACCIDENT..you dont setance innocent people to jail, expecially with out a little thing called "beyond a reasonable dought. ..., people still believe it was a case of mistaken identity....which wasent, which is why i started off saying back in this subject "30days is not enough time".....
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30 days for an INTENTIONAL shooting!!!! not enough time at all. For starters it wasent a case of mistaken identity. Im sorry but who ever thinks that needs to read the facts. If it was a true mistake the kid would of never of been convicted of man slaughter in the first place, if it was a true mistake he would have been sentanced to nothing and it would of just been rulled an accident...... the facts are simply this
#1 lady was within 100 yards when trigger was pulled (not to far where you can see what it is your shooting)
#2 she was wearing a bright blue coat (hard to confuse that with black bear)
#3 did you know after he shot he never went to check what he shot???... wouldent you check to see the "bear" you shot?????
the kid knew it was a lady.....i believe he dident try to shoot her, but over her to scare her. But he knew what he was shooting at when he pulled the triger.
Wow, you have a weird belief system. If he simply tried to scare her then I would hope he would have been sentenced to more time.
Accident/mistake/tragedy...however you want to phrase it, he killed a human being and deserves more time then he got.
Oh yea, if you saw the news then you would know it wasn't a "bright blue coat". It was blue, but it wasn't bright.
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BILLYTHEKIDROCK......wait i dont really understand, do you agree or disagree??. You say I have a werid belief system but yet you agree with me he should of got more time???
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hahaha Its odvious KILLBILLY wasent listening....thats my WHOLE POINT, HE WAS FOUND GUILTY BECASUE IT WASENT AN ACCIDENT..you dont setance innocent people to jail, expecially with out a little thing called "beyond a reasonable dought. ..., people still believe it was a case of mistaken identity....which wasent, which is why i started off saying back in this subject "30days is not enough time".....
Dawg, you can't read and you can't spell. I ask you to produce the documents that stated he was attempting to scare her by shooting over her.
We all understand the Law and the law sometimes doesn't serve the public by imposing a sentence that equals the impact of the crime. I don't agree with ruining his life but I believe he deserves a stiffer lesson on life.
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Trsst me I wen to school for this
went to school for what?
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Trsst me I wen to school for this
went to school for what?
:yeah:
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I think it is absurd to claim he was shooting at the lady to scare her without providing one ounce of evidence. Let's seperate fact from fiction on this specific claim.
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Trsst me I wen to school for this
went to school for what?
:yeah:
Not for how to use spell checker thats for sure.. :peep:
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Yeah I hope rudedawg didn't go to school to become a court reporter!! Eye no spill vary gud.
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Trsst me I wen to school for this
went to school for what?
Rudedawg, you don't know what you are talking about. If there were facts to corroborate the story you are telling that he purposefully shot to scare her then he would have been charged with a different crime. Please produce the evidence you have that his action had intent to scare her.
The fact is most of you think this sentence is light, but it is on par with what juveniles get for manslaughter cases. I've done about 10 juvenile manslaughter cases and most get 3 months of home monitoring or a light sentence. Whether that is right or wrong can be debated.
Also, use the spell check. If you want people to take you seriously and talk with you intelligently you can't type like this: "Trsst me I wen to school for this"
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Hey cut him some slack he is not as edumacted as the rest of us!!! Hes just an extremely fast typer and his fingers can't keep up..
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BILLYTHEKIDROCK......wait i dont really understand, do you agree or disagree??. You say I have a werid belief system but yet you agree with me he should of got more time???
I don't agree with your stating that you believe the kid purposefully tried to scare the women.
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Maybe it was posted in jest. I cannot imagine any reasonable person would think this way... :dunno:
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So i'm new to the forum and thought this was an interesting thread to get started posting on. SO here's my $.02:
1. I don't think the kid had any malicious intent, but he got off light.
2. If you aren't old enough to buy a rifle you shouldn't be allowed in the woods without someone who is (parent/gaurdian preferably); If i remember correctly his brother was only 16 right?
3. Why aren't the parents being held responsible?
4. I'm gonna get blasted for this one for sure: If walking/hiking/ biking/ recreating in the woods is your thing then you should know what's happening in those woods. Did she know it was hunting season? Probably not. I'm not saying this is at all in any way her fault, but a higher public awareness of sportsmen in the woods and she may have thought about hiking somewhere else or at least wearing brighter colors. This is our job as ambassadors of our sports to make the public aware of what we are doing out there and when. I work in an office building and there's not a person i woork with that doesn't know now that bear season opens tomorrow and hunters will be out. Not to say that any of them would be out there anyway since there are no video games in the woods but they are aware.
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When I was 14 I got into a locker room fight with a kid my age and he got hurt pretty bad... I was sentenced to 12 months in juvenile detention and actualy served over 9 months...then had 6 months counseling when I got out and 2 years supervised probation....
The kid I hurt is still alive today...
so, maybe a lil soft for shooting someone although a sentence of years of confinement would have been unreasonable IMO...
say 8-12 months...long enough to get his *censored* pushed in... :yike: proper punishment for killing somene while they are on a peaceful nature hike IMO
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... a sentence of years of confinement would have been unreasonable IMO...say 8-12 months...long enough to get his *censored* pushed in...
Crude reply not posted in respect for Longtat..... ;)
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3. Why aren't the parents being held responsible?
I wouldn't want to open that can of worms.
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ahhhhhhh thanks Ice... ur the best ;)
apparently no training day fans :dunno: