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November 18, 2008

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Discussion Topic: Deer Hunter Charged With Manslaughter

From The New York Times:

A toddler was killed by a stray bullet over the weekend when a New York City deer hunter fired his rifle too close to her grandparents’ home in the Hudson Valley, the police said.

The hunter, Edward Taibi, 45, of Queens, was being held without bail on Monday after being arraigned on a charge of second-degree manslaughter in the Bethel town court in Sullivan County, the authorities said.

They said that Mr. Taibi was hunting from a tree stand on Sunday afternoon in a rural part of the county when he shot a deer. The police said he came down from the stand and fired his .30-caliber rifle again, about 400 feet from a trailer home in Swan Lake, a small community just south of the Catskill Mountains. .

Under state law, it is illegal to discharge a firearm or bow within 500 feet of an occupied residence or business. . . .

Your reaction?

Comments

Blue Ox

If the hunter KNEW he was too close to the residence, then yea- throw the book at him.
If he truly didn't know, then that's another story.
Still, you gotta be sure about what's behind yr target...

jersey pig

carelessness on the part of the hunter. if he knew he was shooting in the direction of the dwelling it was reckless. if he didnt know he was shooting at th dwelling he was was careless and not aware of the area he was hunting in.

either way his stupidity cost the girl her life and will help up anti hunting sentiment and anti gun sentiment which hurts the rest of us.

Mike in Kansas

I agree Ox. If I remember right my hunter safety covered knowing what was behind your target. Not just that, my father pounded that into my brain before I was even able to hunt.

UB3L

Depending on the State's definition of 2nd degree manslaughter, it seems reasonable to charge the hunter in this fashion. Often the aforementioned charge is classified as negligent homicide. That is, someone dies as the result of someone else doing something stupid (think: driver of car, speeding, causes an accident, someone dies). Here, the hunter was prima facie negligent by violating the law prohibiting discharge of a firearm within 500 feet of an occupied dwelling. He did something stupid (not knowing his backdrop/surroundings; breaking the law) and someone died as a result. Thus, 2nd degree manslaughter. Charge seems to fit the crime.

bnorth

Too bad it also puts hunters in general in a negative spotlight. I would have to agree though; if you do something that stupid and grossly negligent then you deserve having the book thrown at you.

I'm in school right now

He broke the law. Plain and simple. Whether he knew he was within 500 feet or not does not matter. He broke the law and somebodies life was the outcome. Lock him up.
Ya see this is the kind of articles that get into newspapers and give hunters the bad image.

Nate

Scrap5000

God, that is so sad for everyone involved...

Scrap5000

But c'mon, as if being 500 feet away would have made a difference?

Dr. Ralph

He could probably have made that shot 1,000 times without hitting the child. Still he is responsible for her death and let that be a lesson to everyone. Know what's behind your target and remember a ricochet from any center fire weapon can kill.

Dr. Ralph

...and it's only 100 yards or 300 feet in Tennessee.

JohnR

I have to agree w/UB3L. I realize that it was carelessness however I imagine Mr. Taibi is wishing he never went hunting that day. It is a bad situation for all involved.

Walt Smith

#1 you have two know what is behind your shot at all times. #2 If you don't absolutly know #1 you simply do not shoot. #3 safty is THE MOST IMPORTANT THING IN HUNTING.

Jim in Mo

I hate reading about this sort of thing. The man was careless, obviously. He was zoned in and excited. Big mistake. I don't know how this should play out probably be reduced to third degree, depends on amount of money he has for a lawyer. Now thats a sickening statement, but the fact is the man had no intent, just stupidity.

UB3L

Problem is, for 2nd degree manslaughter, you don't need intent to harm or kill; one only needs stupidity. Question: Did he intend to shoot? Answer: Probably. Result: Guilty; maybe plead out to some lesser form of homicide, if there is one in NY - still it'll be homicide.

Ollie, Jr.

This incident literally happened 2 miles from where I live and where I have grown up my whole life. Hunting is a family past time passed down from my grandfather to all 3 boys and eventually to the grandchildren. What we are starting to notice around here is that there are many NY City residents coming up north (which is basically 60 or so miles), not knowing the terrain and not knowing their weapon and carelessly firing upon bucks, does, button bucks, whatever that is brown. I had a friend killed when I was 12 in a hunting accident in which a NYC man was hunting where he wasn't supposed to be and firing before daylight at movement in the brush in front of him. All these accidents give locals that know the area, know their weapon, and know their target and whats beyond their target a bad name. I am simply tired of it. In my opinion these people should either
A) Go through a more strict and disciplined licensing and hunter safety courses,
B) Be mandated to use only 20 ga. rifled shotguns with scopes. Around this area, it is unnecessary to be shooting a .300 Winchester Mag. Or,
C) Stay in your Borough and not hunt at all.

My first son just entered this world on 11/4/08, and I plan on passing the hunting tradition down to him. It is very tragic and unfortunate a little girl had to die because of someones lack of concern or whereabouts. This will be a huge black eye to the local hunters. I want to send my apologies to the family of the lost little girl. I don't know what I would do if I lost my little boy in this manner. With no control over someone that you can't even see. Absolutely tragic.

gino

The guy was real stupid, and he'll get what he deserves. Down State hunters don't spend the time to get familiar with their guns, and the current trend is for magnum-itis to shoot the iddy biddy deer.
The ancient rules of hunting:
know your target and BEYOND, don't point at anything you don't intend to shoot, etc,etc.
This City A-hole makes it bad for all the rest of hunterdom that obey and are responsible to the laws and good outsdoorsmanship.
This jerk probably got all pumped up on getting his deer and forgot to realize his bullet would easily exit a deer even if he didn't miss that coup de grace shot to finish the kill.
Lets make people who don't care for hunters and guns at least have less to fuel their desire for banning us from the sport we enjoy!




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