Norton woman shot in deer hunting accident files suit - Charges coming?

scouter-rick

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http://www.thesunchronicle.com/news...cle_954482fa-b5b5-11e1-879a-001a4bcf887a.html


"Meanwhile, state Environmental Police are seeking a criminal complaint against Bergeron alleging negligent use of a weapon while hunting, causing person injury.

A show-cause hearing before a clerk magistrate in Attleboro District Court to decide whether there is probable cause to issue the complaint has not been scheduled, according to the clerk’s office.

The penalty upon conviction is the loss of a hunting license for five years."
 

Len-2A Training

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The penalty is a real big "whoop" considering the damage he did!

And you can be certain that the hearing will result in sweeping any charges against him under the rug anyway.
 
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"Local and state police filed no criminal charges, saying the shooting was accidental."

OK, so I am a little curious. If a guy kicks in my front door and I pull my weapon and fire but miss him hitting the 'mail man' accross the street? No big deal, right? This is just an 'accident'.
 
J

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If she wins you're going to see a lot more posted land in MA.

That's unfortunate but I'm betting dollars to donuts that civil court will be her only real avenue for redress.

I agree with Len that criminal charges, if any come, will be a total joke.
 

dwarven1

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The only surprise here is that it took her so long.

http://www.thesunchronicle.com/news...cle_954482fa-b5b5-11e1-879a-001a4bcf887a.html


"Meanwhile, state Environmental Police are seeking a criminal complaint against Bergeron alleging negligent use of a weapon while hunting, causing person injury.

A show-cause hearing before a clerk magistrate in Attleboro District Court to decide whether there is probable cause to issue the complaint has not been scheduled, according to the clerk’s office.

The penalty upon conviction is the loss of a hunting license for five years."

Seriously? This is a "penalty"? What's to stop him from just going to CT or NY to do his hunting?

Saw this on Fox this morning, the lady that got shot is suing the trooper and the property owner for giving the trooper permission to hunt on the property.
Guess we know who's got the deep pockets there - property owner must be loaded. Or have a huge insurance policy.
 
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She won't win on the second point. It will be dismissed quickly. MA has liability shield protection for people who keep their land unposted for this reason.

MGL Ch 21 Section 17C

Section 17C. (a) Any person having an interest in land including the structures, buildings, and equipment attached to the land, including without limitation, railroad and utility corridors, easements and rights of way, wetlands, rivers, streams, ponds, lakes, and other bodies of water, who lawfully permits the public to use such land for recreational, conservation, scientific, educational, environmental, ecological, research, religious, or charitable purposes without imposing a charge or fee therefor, or who leases such land for said purposes to the commonwealth or any political subdivision thereof or to any nonprofit corporation, trust or association, shall not be liable for personal injuries or property damage sustained by such members of the public, including without limitation a minor, while on said land in the absence of wilful, wanton, or reckless conduct by such person. Such permission shall not confer upon any member of the public using said land, including without limitation a minor, the status of an invitee or licensee to whom any duty would be owed by said person.
 

Rob Boudrie

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There was some nitwit who tried to bypass the shield law by claiming that his mentioning he would shoot some pest animals represented "compensation" to the landowner, and thus a fee was being charged. I don't think he got anywhere with it though.

- - - Updated - - -

"Local and state police filed no criminal charges, saying the shooting was accidental."

OK, so I am a little curious. If a guy kicks in my front door and I pull my weapon and fire but miss him hitting the 'mail man' accross the street? No big deal, right? This is just an 'accident'.

If you have a government badge, yes.
 

Spanz

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the moral of the story is IDENTIFY YOUR TARGET. There were plenty of cases where I WAS SURE there was a tasty animal on the other side of a moving bush, but because I could not identify it....no shot was fired. Even if it is only 1 time out of 1000 that it is a kid on the other side of that bush, why would anyone roll those dice?


btw in MA, with the woods crowded with other hunters and yuppies all over the place, I think the 1 in 1000 odds are way off!
 
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Bt74

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uhhh..... not exactly the sharpest tack in the pack to be walking golden retrievers in the woods at dusk, during hunting season, and apparently not wearing orange? No excuse for EVER not identifying your target (only slobs shoot at flags), but geez, use some common sense. "Contributory Negligence"? Kind of like jogging at night wearing dark clothes.
 
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uhhh..... not exactly the sharpest tack in the pack to be walking golden retrievers in the woods at dusk, during hunting season, and apparently not wearing orange? No excuse for EVER not identifying your target (only slobs shoot at flags), but geez, use some common sense. "Contributory Negligence"? Kind of like jogging at night wearing dark clothes.

If I remember right she was on her own posted property and it was her next door neighbor who shot her. so not exactly a case of someone unfamiliar with the area.
 

whacko

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Landowner should not have any responsibility as they are protected for good reason.

Hunter here should pay her damages. In my opinion any hunter is responsible for what that bullet does........identify the target as absolutely the game you are after......be sure the backdop is clear............then and only then take the shot. If you hit something or someone and cause damage you'll have to pay the price.

Sounds like the woman got hurt pretty bad by that muzzle loader......shame. I'm sure everyone wishes it hadn't happened.
 

Len-2A Training

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Sorry, but you did not "remember right".

NORTON — A local woman shot in a New Year’s Eve hunting accident in woods off Oak Street by an off-duty state trooper is suing the trooper and the owner of property where the incident occurred.

Well, it turns out that the trooper and victim were previously friends and neighbors. Although I don't recall him, I have been reminded by my TC that her Husband was in my PPIH Instructor class (prior to this tragedy).
 

Len-2A Training

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TC = NRA Training Counselor

They teach and certify NRA Instructors.

Since your next question will probably be "PPIH?"

PPIH = NRA Personal Protection in the Home
 
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Wow... Almost a year and not even an application for complaint submitted to the court yet. Those EPO Boys must be doing a very thorough investigation. I can't imagine investigating something like that and still not having it in court by now. As far as the property she was shot one... Could she have been walking the dogs on her property and got shot by the hunter who was shooting from the neighbor's property? Just asking .....
 
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