Man who Shot Bear Exonerated; Gun may be Returned

Gun Watch ^ | 31 October, 2014 | Dean Weingarten

[marktwain]

A jury in Ashville, North Carolina has found a man not guilty of taking a bear out of season, and of discharging a firearm in city limits, by reason of self defense.   Ernest James Page had always  claimed that he shot the 150-175 pound bear in self defense.  The jury discussed the issue for over two hours, but unanimously agree with Page.  It is significant that Page went to a jury trial, using a court appointed public defender, and won.  The District Attorney justified charging Page with these remarks:

Moore said he has dismissed some cases in the past where a person felt threatened and shot a bear, but they typically involved the person making a call to law enforcement beforehand and asking for help. Moore said Page did not do that and actually went inside his house with his teenage daughter after spotting the bear, then returned with the rifle.

Ironically, Moore then stated that the Wildlife Commission needed to do something:

 "I think the N.C. Wildlife Commission needs to look at doing something about removing the bears in town, because it is getting to be too many, and I do think they are dangerous at times," Moore said, noting he saw a 400-pound bear at his house over the summer.

Any bear that has become accustomed to people in an urban environment is a threat.  It does no good to relocate such animals, as they have lost their fear of people and learned to associate people with food.   The succinct phrase used by wildlife biologists is "a fed bear is a dead bear".   While ignorant and anthropomorphizing neighbors complained about the bear being shot, Page may well have saved some child or older person from being severely mauled or killed.

The judge agreed to allow Ernest Page to ask for his rifle back after 30 additional days.   Other than imposing another burden on the rifleman, it is hard to see the purpose of this delay, as the rifle has been in police hands for over a year.   Page shot the bear on 7 October, 2013, with a 30-30 rifle.

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

Bears in urban environments are dangerous.

[Zhang Fei]

It’s amazing that a prosecutor in NC felt safe enough in his position to persecute someone for shooting a bear. That’s the kind of thing you expect in NJ or MA. Then again, it’s the state that gave us Nifong.

[RitchieAprile]

I used to see a guy who would leave food out for bears in that park (Sandia peak?) east of ABQ. I tried to ‘splain
to him the danger to other people but he accused me of being inhumane.

[yarddog]

Several months ago a Black Bear was tranquilized by the Florida Fish and Game Dept. He was in a tree near Panama City.

The fire dept. set up a trampoline like device to catch him. Unfortunately they greatly underestimated his size and he fell right through it.

It turned out the bear was not hurt and they transported him nearly a hundred miles away to the Apalachicola National Forest. Only a week later the same bear was in a tree only a block from where he was before. That bear had to have traveled really fast.

Next time they transported him to the Eglin AFB reservation and I guess he stayed that time.

[ButThreeLeftsDo]

Voted for Obozo, did he?

[Paladin2]

One should always have a throw down rifle....

[CopperTop]

Cool yer tongue, cuz. That's Asheville, which falls inline with Charlotte, Greensboro, Raleigh-Durham and all the other liberal enclaves that have popped up in our state since the invasion of the half-backs and hippies.
Not very representative of the heart of this place. But enough of an infestation to sway the vote. d:^)

[DJ MacWoW]

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[blueunicorn6]

Why should they kick a guy out of the church for shooting a bear?

[Yashcheritsiy]

Well, it is Asheville, which is a whole ‘nuther world.

[marktwain]

Maybe it was the church of Environmentalism.

[ozzymandus]

Holder still might file civil rights charges.

[Joe 6-pack]

'Bears in urban environments are dangerous.'

If it had been a 65 lb. Golden Retriever he could have had the cops shoot it for him.

[Secret Agent Man]

i have relatives who loved the area but the people there made ‘em move back.

[yarddog]

“Holder still might file civil rights charges.”

Well it was a black bear after all. That bear gave up his life because of White privilege.

[Jet Jaguar]

No charges for shooting those “ginger” grizzlies.

[MediaMole]

Paws up, don't shoot.

[Billthedrill]

“Bear arms? Bear arms? You have a right to bear arms? And just where, tell me, are you planning to get those bear arms?”

[riverrunner]

Plus he is such a friendly bear never would hurt anybody and just about to go to collage.

Why did you have to shoot him 6 times with such a big gun.

Just carrying just a big gun proves you were looking for trouble.

Bear spray works so much better.

[ThePatriotsFlag]

Similar problem, but alligators. We live in a gated community, about 50 small ponds. Alligators are everywhere. Two in my back yard yesterday, both over feet in length. Several people have been injured here, but it is kept very quiet. But shoot one coming at you? You’d be in jail in all kinds of charges. I still carry when I’m fishing...I’d rather be in jail than lose a leg.