Hunter kills woman; acquitted - fair?

[Sixpence]

We had "stands"(places where you sit quietly and wait). If you went off daydreaming the deer would get close enough to startle you. The easy part was shooting them, what I hated was having to track them down if they took off runnin. It's pretty freaky what you can put in a deer and watch it run off.

[Sixpence]

Dune, in a case like that. Can the family file for wrongful death?

[Dune]

Originally posted by Lazerus1
I am in no way a lawyer, but I believe he can still be tried in a civil court for wrongfull death. This requires only a 2/3 majority to convict, not the 100% required in a criminal case. While this is still nowhere near enough for what he did, it is still something. And if successfull, it can burden him financially for the rest of his life. I'm sure there are ways around the financial obligations that prosecution in a civil court brings, but he will always have the fact that whatever he makes is subject to confiscation by the court. This is at least how I understand it to be. Like I said, not a lawyer.

Small corrections.  

It's not a 2/3's majority.  It is a difference in the burden of proof on the plantiff/prosecution side.  In a criminal trial, the prosecution must prove its case beyond a reasonable doubt.  In a civil trial, the plantiff must prove its case by a preponderance of the evidence or more likely than not.  Each juror must be 51% sure that the plantiff has proven its case.  

He would then be subject to a civil judgement.  Judgements can be paid in different ways, but that's the civil world and I stay out of it.  

[Dune]

Originally posted by Sixpence
Dune, in a case like that. Can the family file for wrongful death?

Yes, think back to the OJ trial.  He was acquited in criminal court, but found responsible in civil court.

Here's another trick.  If he is found guilty in criminal court, he can use that to show he's also guilty for the civil side.  Because the burden of proof is higher on the criminal side, it automatically (IIRC) means he's guilty on the civil side.

[Otto]

He is definitely guilty of Negligent Homicide.  He was trying to shoot a deer he couldn't see in the ass, and killed a human.  
     He's not a hunter and he's not a Sportsman.   He's a danger to anyone he's near.    He wouldn't have walked if I'd have been on that jury.

[Mickey1992]

Man gets 180 days in hunting death
Thursday, June 05, 2003

ZANESVILLE, Ohio (AP) — A man who shot and killed his 13-year-old son with an arrow in a hunting accident pleaded guilty yesterday to negligent homicide and was sentenced to 180 days in jail.

Muskingum County Judge Kelly Cottrill suspended half of Alan Foster’s sentence, saying it was still a "significant punishment’’ for the crime.

By pleading guilty, he avoided a trial that was scheduled to start yesterday and a possible sentence of two years in jail if convicted, said Foster’s attorney, Christopher Pagan.

"He is remorseful beyond words,’’ Pagan said.

Foster, 40, of Middletown, told wildlife investigators that he thought he was shooting at a deer when he fired his crossbow at something moving in an adjacent field on Oct. 5, 2002.

The arrow hit his son, Jason Foster, in the chest, and the boy died about two hours later.

The judge also ordered Alan Foster to perform 100 hours of community service.

[Dowding]

I think living with the knowledge of killing your own son is punishment enough and will last a lifetime. He should be banned from ever hunting again for such gross negligence, however. Although I doubt he'll be firing a crossbow anytime soon.

[Syzygyone]

Accidental hunting fatalities have been around FOREVER!.   And so has this debate.

[Sikboy]

Did anyone check his license to see if he was over his limit on bystanders?

-Sik

"I shot the maximum my permit would allow:
Two game wardens, Seven hunters, and a Cow"

-unknown

[Ripsnort]

I can't imagine the pain that man who shot his son went thru...can you imagine,, you want to share the things you enjoy with him, and then be responsible for his death?  

[Pongo]

but to shoot at movement? wow

[Airhead]

That woman had no business slinking around in the woods wearing a scarf that resembles a deer's tail. She was probably an anti-hunting activist and suffered a fate not unlike people who decide to become human shields or stand in front of bulldozers.

I feel sorry for the hunter who was decieved into shooting this woman.