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Hunter acquitted of killing man mistaken for bear

schmalts

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Your thoughts??:confused:



SALEM, Ore. (AP) — An Oregon hunter has been found not guilty of manslaughter in the shooting death of a Marine reservist from California he says he mistook for a bear.

The Salem jury deliberated for about two hours Friday before acquitting Eugene Collier, The Statesman Journal newspaper reported (http://is.gd/kQ9jS9 ).

Collier, 68, was the last witness to take the stand. He told jurors he was shooting to kill when he fired the .270-caliber bullet that caused the death of Christopher Ochoa, 20, of French Camp, Calif., in October 2011 near Silver Falls State Park.

Collier was hunting with his 12-year-old grandson and said he was sure he was shooting a bear

"I made a terrible mistake. It was a tragic accident, I didn't mean for it to happen," Collier said. "I'm terribly sorry."

He and his wife met with members of Ochoa's family privately after the trial ended. Neither family spoke with the media after the verdict.

Collier testified Friday he was about 100 yards from his target when he realized he had shot a human.

"I froze," he recalled. "I thought the only person up there was my grandson. Then I realized he wasn't dressed like that."

His grandson heard the shot from his hunting stand and came running,

"Danny came, I said, 'I shot somebody. We got to go get help,'" Collier said.

Prosecutor Tiffany Underwood asked Collier why he had taken Vicodin pain killer before his blood was tested by Marion County sheriff's officials responding to the scene. Collier said he told a deputy about the prescription for a recent knee surgery and thought it would be OK to take when his knee started aching.

Underwood also asked Collier about his 60 years of hunting experience.

"How often do you hit your target?" she asked.

"I will usually make sure I've got a good kill shot," he replied.

During her closing argument, Underwood suggested that Collier was aware of a risk and disregarded it.

"A reasonable person would look at something for longer than two or three seconds before firing at it," she said. "If defendant had looked at Christopher Ochoa for longer than two or three seconds, we might not be here."

But Collier's attorney, Jeff Jones, told jurors the evidence pointed to a tragic accident.

"Sometimes bad things happen to good people when accidents happen," he said.
 
I was't there either. When this incident first happened the wife and I had a little discussion about it. My point was that when a person shoots an animal it is necessary to pick the right spot to shoot at to insure a clean kill. I wonder how a person could find that spot on a bear that isn't a bear. Was Ochoa walking around on his hands and knees wearing a black hoodie or something? Don't s'pose we'll ever know the facts.
 
Like the others I wasn't there, however, I have been hunting for 35yrs now and one of the first things you are taught is never point you gun at anyone, and make sure of your target. I'm blown away by stories like this. . .I don't understand how this happens. Im sure there is a lot:confused: that we will never know. . .but still, use your head!! Sickens me and at the same time scares me to think that I may cross paths with a guy like this in the woods or worse someone without 30 yrs experience. This doesn't send a good message to our youth at all.
 
Studies show that when you misidentify something your brain makes it into the thing you think it is and it is very difficult to overcome. In this case it sounds like the guy was expecting to see a bear and his brain made this guy into a bear.

A few years ago a bear hunter shot up a couple's tent that was setup on a logging road because he thought it was a bear. I still get nervous right a dawn/dusk when we are camping during spring bear season, because I remember that story. Completely irrational.
 
The full story says the shooter claimed the victim was on his hands and knees and alluded the shot was more than a hundred yards. Still you would think the vicodin mention would've shown negligent mitigation.
The jury was very lenient.
 
I won't even shoot at a target I have 100% identified if is skylining. Can't imagine a situation where shoot at movement. In CO it is legal to shoot turkeys with a rifle and years ago they found a turkey hunter shot dead, presumable mistaken identify after the shooter heard turkey sounds.
 
I tend to give people the benefit of the doubt, but I also have a hard time on these kinds of "accidents".

An accidental discharge is one thing (although there still had to be a safety violation somewhere if someone was injured or killed), but intentional discharge of a firearm at a target that ends up being something else is a complete head scratcher to me.

A while back a guy killed his young son turkey hunting mistaking him for a turkey. He didn't shoot at a turkey and his son happened to be in the line of fire, he shot at his son thinking that his son (10 or 11 year old kid) was a turkey. How do things like that happen? I could see maybe shooting a hen thinking it was a gobbler, but we are talking about something 30 yards away, how could you mistake a kid for a turkey?

I'm sure the guy was heartbroken, I don't know if I could live with myself if I did something like that, but I just can even fathom how it could happen.
 
I think every year in Missouri people are shot while turkey hunting in one scenerio or another. I was down there 2 years ago and had a CO tell me that an older gentelman had taken his grandson-in-law turkey hunting and had mistaken him for a turkey and shot 3 times!!! The guy survived but was peppered with pellets. . .really? 3 times? I'm guessing he didn't care for the boy. :confused:
 
100 yards I'm sure some people still shoot iron sights but aren't most looking through a scope? should have seen him plain as day
 
Absolutely the wrong message to the youth hunters.

My Grandpa and Dad had a similar experience when my Dad was young. "Bear" crawling through thick underbrush. Grandpa gave the go ahead for Dad to shoot once it got into the open. Lucky for the 'bear' just as he came into the open, 'it' stood up. Was a guy in Black pants and a NAvy Pea Coat crawling out of the blackberries. Lucky for all parties that my Grandpa didn't just let Dad blast away.
 
There are Absolutely NO excuses for something such as this.....None whatsoever! He got off way to easy.....

100% agree, how do you take a human life... and explain it as a mistake?:mad:

Just think of how many people were affected by this "mistake"
 
A persuasive attorney can convince mushy minded people to believe many silly things. When dealing with juries a persuasive attorney only has to convince one mushy minded person, and these days society is mostly made up of mushy minded people.....sad but it happens all the time.
 
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