Shoot, Shovel, Shut up Backfires, Self Defense Applies on Appeal

Gun Watch ^ | 3 July, 2018 | Dean Weingarten

[marktwain]

Image by Troy Nemitz

On May, 11 2014, grizzly bears were harassing Brian Charette's horses near Ronan, Montana, on the Flathead Indian Reservation. Charette killed one of the bears from less than 30 yards away, as it was climbing a fence, coming toward him and his home.

He and his friend, to avoid the hassle, tied the bear to a pickup truck, and buried it in a field. Shoot. Shovel. Shut up. From helenair.com:

Charette told investigators that three bears had been harassing his horses in a pasture about 30 yards from his home that May. He said he shot and killed one of the bears when it chased his dogs toward the home and appeared to be climbing a fence into his yard.

Charette and a friend tied the bear's carcass to a truck, dragged it away from the property and buried it in a field.

About seven months later, Charrette and his wife had divorced.  His ex-wife's new boyfriend reported the bear shooting to authorities.

The tribal police/game wardens investigated. Charrette confessed. He was prosecuted under federal law, which does not allow for jury trials of offenses which have punishments of less than six months in jail.

Charrete was found guilty in 2016. A plea bargain was not allowed, because Charrette refused to back off a possible self defense claim.

Charrete appealed to the Ninth Circuit. The Ninth Circuit reversed, writing that the circuit judge used the wrong standard for self defense in the case. The reversal occurred on June 18, 2018, four years after the shooting.

The precedent set follows current law, where the frame of mind of the person claiming self defense must be considered. Did the person subjectively fear for their life or the life of another person?

Charette followed the much ballyhooed Shoot, Shovel, Shut up doctrine. The case illustrates weaknesses inherent in that approach.

It is difficult to know who may be a witness or not. A trusted witness may talk to someone else at a later date.  Big animals require big holes. Grizzly bears are high profile cases. Three and a half years of ongoing court cases are a significant punishment.

One of the reasons for prosecution was that Charette did not report the shooting within five days, as required by federal law.

It is a little known aspect of the law that a jury trial is not a right in federal court, if the potential sentence is less than six months in jail. That decision was rendered in 1970.  In contrast, a jury trial is a right in civil cases involving claims of $20 or more. Many states use the federal standard for jury trials.

In today's world, with multiple cameras, including game cams, license plate readers, and Global Positioning System (GPS) phone tracking, anonymity becomes more and more difficult.

Reporting incidents to authorities may be a hassle. It may also be the wisest course to follow.

©2018 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

[marktwain]

Shoot, Shovel, Shut-up is not as easy to accomplish as it might seem.

[gaijin]

Never, ever involve the wife...

[hoagy62]

Something I read once...

The lack of security of a secret is equal to the SQUARE of the number of people who know it.

[SauronOfMordor]

The only secure secrets are the ones which never leave the inside of your skull.

[Governor Dinwiddie]

#2: "Never, ever involve the wife..."

Precisely. And he DID NOT "shoot, shovel, shut up".

He clearly forgot to SHUT UP!
 

[OKSooner]

"About seven months later, Charrette and his wife had divorced. His ex-wife's new boyfriend reported the bear shooting to authorities."

Now there's a new definition of the term "Chickenhsit" for you.

Oh, and it was a 9th Circuit judge who overturned it on appeal? Someone was looking out for this guy, IMO.

[caver]

He should had fed the wife to the bear.

[gaijin]

‘Human Terrain Analyst”

They’re Army chix who escort patrols around Afghanistan, doing Super Sociological stuff (insert blizzard of highly academic, technical powerpoint slides here).

In fact the ploy is simple:

Get foolish or pissed off Afghani chix (thats most of them) to rat out their dudes to uniformed honky chix.

They sometimes know where the weapons are hidden and they will spill the beans.

[Louis Foxwell]

The only secure secrets are the ones which never leave the inside of your skull.

Even then, I had a wife who I swear could read my mind. She routinely accused me of tings I knew I did not say because when I thought them I knew I better not say them.

[Sa-teef]

"The only secure secrets are the ones which never leave the inside of your skull."

Yes.

About the only time that S,S & S works is if you abide closely to your level of secrecy.

---------------

To a family farmer in the Upper Midwest losing a few dairy heifers is a very big deal. Leaving the springing heifers out on pasture is always a temptation but a new mom isn't smart enough to defend her new calf.

Black bear aren't quite as big but they are at least as smart and every bit as hungry. Once a bear acquires a taste for veal, shootin' is the only wait to stop them.

[Pecos]

Benjamin Franklin once said that three people can keep a secret only if two of them are dead.

[Fightin Whitey]

it was a 9th Circuit judge who overturned it on appeal? Someone was looking out for this guy, IMO.

Ronan is on the Flathead Indian Reservation in northwest Montana.

The 9th Circuit judge probably consulted his favored-status tip card, Homos, Blacks, Illegal Mexicans, Mexicans, Trannies, Women, Muslims, Indigenous Peoples, protected wild species.

Ding! Ding! Ding! Get out of jail card free!

Actually I'm on the side of Charette here...grizzly populations have exploded and some dirt-poor Indian driving up to the USFW office with a griz in the back of his pickup isn't going to be received well.

[Garvin]

Telephone, Telegraph, Tell a wife. Same thing

[mad_as_he$$]

Our circle of travel includes one of these female soldiers. She says the Afghan men were driven nuts by female soldiers and either wanted to kill them or f them. The later would spin the intel very easily.

[familyop]

Looks like some of us still won’t listen to Weingarten, and some of the comments in this thread are pretty funny. :-D

[GoldenPup]

The best protection against tyranny is ananimity.

[ProtectOurFreedom]

He clearly forgot to SHUT UP!

Probably not true.

He said he shot and killed one of the bears when it chased his dogs toward the home and appeared to be climbing a fence into his yard. Charette and a friend tied the bear's carcass to a truck, dragged it away from the property and buried it in a field.

"Honey, what do you have tried to the truck in our yard? Is that a grizz?"

[P.O.E.]

Sometimes you get the bear, other times a woman totally ruins your life.

[hadaclueonce]

What I have learned.
Never ever confess.

[Fresh Wind]

How can there ever be a question about self-defense when a grizzly is coming after you?