Landowner/hunter dispute... revisited

[Midniteoyl]

The hunter was charged for shooting an anter less deer with out a permit.

 

[Jstpssng]

You ought to read back through this one.

If you were trespassing on someone's land, and the unarmed landowner remonstrated with you, and you shot him, you might assume you were in the right, but you wouldn't be.

The day that walking down a public road while observing applicable laws is considered trespassing... we're all in trouble.

 

[Midniteoyl]

A Nov. 1 incident report lists the offenses from the encounter: elevated aggravated assault, hunting an antlerless deer without a permit, and aggravated assault.

From the story..

 

[Jstpssng]

The hunter was charged for shooting an anter less deer with out a permit.

Poing taken... except that it was for hunting an antlerless deer, not shooting it. Splitting hairs, yet also it has little to do with what ensued. Also, nowhere have I seen that they were hunting on Mr Hebert's land.

 

[dave1949]

The day that walking down a public road while observing applicable laws is considered trespassing... we're all in trouble.

I'm not sure if Mt. Hunger is a public road. The story says it is Hebert's driveway, and his is the only house on the road. Who knows with Maine's crazy roads? I've wondered while reading the story beginning last year when it happened, whose land it is where this took place?

https://www.google.com/maps/preview...13.1!4m2!3d44.9958826!4d-69.1040039!5e1&fid=7

 

[Midniteoyl]

Poing taken... except that it was for hunting an antlerless deer, not shooting it. Splitting hairs, yet also it has little to do with what ensued. Also, nowhere have I seen that they were hunting on Mr Hebert's land.

They were tracking an anterless deer they had already shot. The deer went on the landowners land. He told them they could retrieve the deer, but please don't hunt near the house.

Prolly should re-read that story...

 

[Jstpssng]

They were tracking an anterless deer they had already shot. The deer went on the landowners land. He told them they could retrieve the deer, but please don't hunt near the house.

Prolly should re-read that story...

Oh believe me, I've read and reread everything which has published since this occurred... if you read the entire article you will see that no mention is made of the deer they were tracking being antlerless. If you read the entire article (as well ad everything written in the last 10 months) you will see that it is not as black and white as you would like to believe.

. As somebody else has mentioned though this was a very poorly written article. Had they stated the fact to the best of their ability instead of turnijg it political, it would have been a lot easier to understand.

 

[dave1949]

Maybe I am filling in blanks that aren't specifically noted in the story, but I assumed the wardens or someone went looking for the deer that was involved and found it to be antler-less. The existence, or not, of the deer would be important to find out as it figures heavily in the overall gist of things in comparing what the parties involved said happened. It makes sense they would try to find it.

 

[Ross71]

The day that walking down a public road while observing applicable laws is considered trespassing... we're all in trouble.

Yes, you are quite right that in the case this thread is about the hunters were apparently on a public road. I was being flippant in the situation I suggested because I was alarmed by another poster's comment. I do not think shooting an unarmed man, who is not attacking you can be described as self defence!

Is it legal, in Maine or anywhere else to walk down a public road with a loaded rifle, cocked and the safety off.

 

[Jstpssng]

As I mentioned before; yes it is legal to hunt from an unpaved public way in Maine. It is NOT legal to discharge a firearm within 100 yards (+- 91 meters, if my memory is accurate)

I'm not sure that he was walking with the safety off; when two people are grappling for a gun, it's easy for the safety to get slipped off.

As for shooting an unarmed man; it was apparently an accident, and a final result of a disagreement which escalated. Fortunately the shooting victim survived. Also the definition of unarmed is arbitrary; if a 32 YO attacked me, grabbed me in a headlock and started bashing my teeth out; would I be justified in using my 1911 to defend myself? (That reflects the age difference between Mr Burpy and Mr Hebert)

I posted this link to try and give a conclusion to last year's discussion when several people showed frustration that the entire story wasn't being told... I now wish that I had let "sleeping dogs lie", because so many seem unwilling to trust our legal system. I also am starting to believe that the old "trial by water" may have been better... at least it was quick, inexpensive, and very conclusive.