"Mass. trooper who shot woman won't face charges"

Joined
Jul 19, 2009
Messages
78
Likes
7
Location
Western Mass.
Feedback: 1 / 0 / 0
One wonder if the judge would have viewed the situation in the same light, had it been a civilian instead of a Statie.

"Mass. trooper who shot woman won't face charges"



BOSTON (AP) — The off-duty state trooper who accidentally shot and severely injured a Norton woman while hunting last December will not face criminal charges.

Environmental Police recommended that 50-year-old John Bergeron be charged with careless or negligent use of a weapon causing injury or death, but on Tuesday a court magistrate did not find probable cause to issue a criminal complaint.

Bergeron shot 66-year-old Cheryl Blair in the hip on New Year's Eve after mistaking her dog for a deer. Bergeron called 911 and stayed to comfort Blair.

Blair spent two months in the hospital and required multiple surgeries.

Blair says she is angry that Bergeron will not face charges. She says she has racked up $1 million in medical bills and still requires physical therapy. The Blairs have sued Bergeron.
 
Wear orange when walking in the woods. Your dog too.


One wears orange when hunting, because it's' the law. Walking a dog is not hunting.

When hunting, one positively identifies the target before shooting.

Shooting a person that you thought was a deer is negligence, not the fault of the person shot.

All that being said, I'd wear orange, as there appears to be a number of people that think that if it ain't orange, it's okay to send it. I mean...it's probably a deer, right? [rolleyes]
 
Last edited:
One wears orange when hunting, because it's' the law. Walking a dog is not hunting.

When hunting, one positively identifies the target before shooting.

Shooting a person that you thought was a deer is negligence, not the fault of the person shot.

All that being said, I'd wear orange, as there appears to be a number of people that think that if it ain't orange, it's okay to send it. I mean...it's probably a deer, right? [rolleyes]

Is blaze orange required before or after shotgun season? This was tbe last day (last ten minutes) of muzzleloader season. And, she wasn't hunting...

Sent from my DROID BIONIC using Tapatalk 2
 
Regardless of how you feel as to whether or not this activity should be criminal, it in fact is. It's fairly astonishing, from a purely legal sense, that the Magistrate didn't find probable cause for a G.L. ch. 131 s. 60 violation. Was he actually careless or negligent? It certainly appears that way, but that is for a Jury or Judge to decide. Was there probable cause to believe he was careless or negligent? Absolutely; without a doubt.
 
Regardless of how you feel as to whether or not this activity should be criminal, it in fact is. It's fairly astonishing, from a purely legal sense, that the Magistrate didn't find probable cause for a G.L. ch. 131 s. 60 violation. Was he actually careless or negligent? It certainly appears that way, but that is for a Jury or Judge to decide. Was there probable cause to believe he was careless or negligent? Absolutely; without a doubt.

But he was a Trooper and they are never wrong and never make mistakes! That is the only reason he skated on this.

The "fix was in" on this tragedy from the get-go.

I hope he gets sued into oblivion . . . that is the only justice that the poor lady will ever see, if she's able to collect anything. Getting a judgment is no guarantee that you'll ever see a dime.
 
Hopefully she gets her justice in the lawsuit. She certainly get any under the typical double standard of justice that cops operate under.

Joe average citizen would have lost his LTC in a heartbeat and been jailed or fined

Meanwhile this guy that has proven himself irresponsible is carrying a gun and making life and death decisions.

Awesome. Its for the children.
Its all about public safety. Every reason they use to restrict our 2a rights is on the
the fail bus and going over the cliff with him still having a badge and gun
 
Last edited:
http://www.malegislature.gov/Laws/GeneralLaws/PartI/TitleXIX/Chapter131/Section60



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, did he even lose his HUNTING license? Nevermind his LTC....
 
" 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."

Did anyone argue it wasn't him? How was there no probable cause to continue?

This state sucks. Judges suck. I keep holding out hope that there's a MA judge who will actually make decisions based on the rule of law, and not sweep stuff like this under the rug, with a wink and a nod.
 
I am not too familiar with MA laws, but I know in RI you are REQUIRED to wear hunter orange during the hunting season in any of the Wildlife Management Areas regardless of whether you are hunting or not. However, the areas are not always well marked, and I am sure there are people that doesn't know about it.
This is from the DEM Hunting abstract (I cannot find the statute):
ALL OTHER USERS:​
In addition to the above hunter requirements,​
all other users (hikers, bicyclists,horseback riders, etc.) of State Management areas are required to wear 200 squareinches of solid daylight fluorescent orange from the second Saturday in Septemberto the last day of February and the third Saturday in April to the last day in May,
annually.
 
There three situations where some kind of "Hunter Orange" is required, in MasShiTchusetts, During the upland game season in WMA's, a "Hunter Orange Hat" is required, During the Shotgun Season on deer and the Blackpowder Seaon on deer, On those last two, THE HUNTER must be wearing 500 square inches of "Hunter Orange" on head, back, shoulders, and chest. There is no requirement for anyone else or a person hunting other game to wear "Hunter Orange.

Not to be a PITA, but it's 500 square inches.

according to the EPO at the HUnter Ed course I'm helping out with....this is an important detail.

- - - Updated - - -

I am not too familiar with MA laws, but I know in RI you are REQUIRED to wear hunter orange during the hunting season in any of the Wildlife Management Areas regardless of whether you are hunting or not. However, the areas are not always well marked, and I am sure there are people that doesn't know about it.
This is from the DEM Hunting abstract (I cannot find the statute):


AFAIK, she was not in a WMA, just the woods.

As I said above, during any of these open seasons, discretion is the better part of fasion, and I'd personally Orange Up required or no.

YMMV
 
One wears orange when hunting, because it's' the law. Walking a dog is not hunting.

When hunting, one positively identifies the target before shooting.

Shooting a person that you thought was a deer is negligence, not the fault of the person shot.

All that being said, I'd wear orange, as there appears to be a number of people that think that if it ain't orange, it's okay to send it. I mean...it's probably a deer, right? [rolleyes]

All the cattle farmers here don the blaze orange cap as soon as hunting season opens. They try and mitigate being shot by the morons who sound shoot and shoot at what they think might be an animal without verifying it to be so.

I am not too familiar with MA laws, but I know in RI you are REQUIRED to wear hunter orange during the hunting season in any of the Wildlife Management Areas regardless of whether you are hunting or not. However, the areas are not always well marked, and I am sure there are people that doesn't know about it.
This is from the DEM Hunting abstract (I cannot find the statute):

In most states the blaze orange requirement is only when hunting. Here in VA it's only during regular firearms deer season and not archery, blackpowder or other seasons. That being said, the hunter safety course always recommends wearing blaze orange when in the woods during hunting season and even when you are hunting in full camo to tie a blaze orange ribbon around a tree so others can spot it/you.
 
Last edited:
An old-timer once told me how much he had to dumb it down for hunters education courses: "Just because it's rustling behind a bush, and it's wearing hunter orange, that doesn't mean it's a deer."
 
Back
Top Bottom