Details of Bear Spray/Handgun Defense case in Glacier Park

Gun Watch ^ | 16 October, 2014 | Dean Weingarten

[marktwain]

On 26 July, 2014, 57-year-old Brian D. Murphy defended himself against a charging grizzly in Glacier National Park.  The case is interesting for a number of reasons.  Two months after the attack, Murphy was charged with discharging a firearm in Glacier Park, a misdemeanor that carries a $500 fine.   On 9 October, a motion to dismiss the charge was put forward by the U.S. Attorney's Office after Murphy's attorney said that they would raise the  defense of self-defense.    Judge Keith Strong granted the motion last Thursday.  From missoulian.com:

The U.S. Attorney’s Office has dismissed the charge against 57-year-old Brian D. Murphy.

The charge was dismissed with prejudice, meaning a final determination has been made based on the merits of the case. Murphy cannot be re-charged at a later date.

Murphy’s attorney, Jason T. Holden of Great Falls, called it a “perfect scenario to have a case dismissed with prejudice.”

DNA samples of blood and hair taken at the scene confirmed that the bear was a grizzly.  Murphy had time to ready both defenses because he had seen the bear running toward other hikers.  When he yelled to warn them, the bear turned and came straight at him. 

Murphy first sprayed bear spray at the bear when it was 15 to 25 feet away, firing one shot from his .357 revolver when the bear had approached to within 7-10 feet.  The bear was charging uphill at the time.     He only fired one round at the bear, which fell back and stopped moving   when shot.   Many have suggested that he should have continued firing, but it is hard to argue with success.

The hiker, who was alone at the time, was not injured. He turned over the revolver to rangers, who reported it contained five unspent rounds and one spent casing.

It appears that Murphy was defending others as well as himself.  He quickly retreated back down the trail. 

“The bear fell back and was motionless,” Holden said. Murphy “withdrew and double-timed it out of there, taking the two hikers who were behind him with him. He stopped everyone else on the trail, too, told the first ranger he came to what had happened, and fully and voluntarily cooperated with rangers.”

The bear was apparently stunned, because it had left the area by the time rangers examined the scene.  

A charging grizzly, bear spray, short range defense with a .357 revolver; then bogus charges brought two months later, only to be immediately dismissed by a U.S. attorney and federal magistrate.  This case is one that will be remembered and discussed for a long time.   

A warning was issued to a hiker that used a gunshot to summon aid a couple of weeks after the grizzly attack. 

 ©2014 by Dean Weingarten: Permission to share is granted when this notice is included.
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[BeadCounter]

Thumbs Up. That’s funny.

UDAP website use to be a good website about bear spray, they had wildlife stories but now it seems they have taken the stories down, maybe it’s something legal or I just don’t see them.

Maybe pepper spray isn’t that reliable.

http://udap.com/ They reinovated the website but the guy who invented the spray claims he was attacked somewhere around Montana/Wyoming, Yellowstone or something. If one has some extra time, there might be some things of interest to read but I think they took down the “testimonials”.

[Zuben Elgenubi]

Supposedly, when you hike, you should have bells or something and that keeps wildlife away. I think that does work. Does it work always? I don’t know.

The old backpackers say bearpoop always has bells in it.

[Chickensoup]

Supposedly, when you hike, you should have bells or something and that keeps wildlife away. I think that does work. Does it work always? I don’t know.

The old backpackers say bearpoop always has bells in it.

______________

AND smells like pepper spray!

[SJackson]

Since the bear recovered rapidly, I’d assume a head shot, deflected by the angle of the skull. If so, a good shot at what was probably a horizontally and vertically moving target. Pure speculation, but a .357 is a bit lite for a grizzly and particularly if he wasn’t using hard cast bullets, the lack of penetration isn’t surprising.

[RC one]

I would have dumped all 14 rounds from my .460 Rowland into the beast.

[yefragetuwrabrumuy]

That was an incredibly lucky shot.

“The average female grizzly bear weighs about 400 pounds and the average male about 700 pounds. The famous salmon fed male brown bears of Alaska’s Kodiak Island might run 1000 pounds and in extreme cases can weigh as much as 1600 pounds.

“By comparison, the average adult male African lion weighs about 330 pounds and an adult Bengal tiger might weigh 450 pounds.

“The minimum recommended calibers for all of the great bears are the .30-06 Springfield with 180 grain (SD .271) to 220 grain (SD .331) bullets and any of the standard length 7mm Magnum cartridges with 175 grain (SD .310) bullets. In addition to the .30-06, other suitable standard cartridges include the .338-06 A-Square and .35 Whelen, both with 225 to 250 grain bullets.

“The most recommended calibers are the standard length and long .300 Magnums with 180 to 220 grain bullets, 8mm Magnums with 200 grain (SD .274) to 220 grain (SD .301) bullets, .338 Magnums with 225 grain (SD .281) to 250 grain (SD .313) bullets, .35 caliber Magnums with 250 grain (SD .279) bullets and .375 Magnums with 270 grain (SD .274) to 300 grain (SD .305) bullets.”

[Covenantor]

Thanks for the very effective photo lesson.

Can imagine bullet skidding off top of skull and exiting into wild blue yonder.

[meadsjn]

Inquiring minds want to know: what ammo was used, and where did it hit?

[MeganC]

I wonder if charges would have been brought if the hiker had shot the grizzly while it was attacking a bald eagle???

An even better question would be:

I wonder if charges would have been brought if the hiker had shot the grizzly while it was attacking a park ranger???

[meadsjn]

The bear was apparently stunned, because it had left the area by the time rangers examined the scene.

I missed this part. Guess I still need that .44

[Mrs. P]

The old backpackers say bearpoop always has bells in it.

and smells faintly of bear spray? LOL!

[Delta Dawn]

Huh, I knew that beibers could be stuned, but not bears...

[Bob]

And smells of pepper.

[ex91B10]

What goes "tinkle tinkle tinkle" and smells like pepper?

Grizzly s**t.

[BeadCounter]

I have no idea if this is a real or artificial fixed picture but it is kind of funny. I used pepper spray by the way on a rabid dog, so no big war story for me, it wasn't a bear. I tend to think this photo above is photoshopped or staged.

[jch10]

There was a time when unelected idiots in charge did not make stupid laws that repressed common sense.

[I want the USA back]

They want to take away the right to self defense.

[Inyo-Mono]

Put me on your ping list!

[Chuckster]

.45-70 is real popular around here.

[MadMax, the Grinning Reaper]

An even more better question would be:

Would charges have been brought if the bear had eaten the hiker?

Answer: Only if the hiker was a Democrat!