Grizzly death case could set precedent(MT)

Salt Lake Tribune ^ | 30 May, 2010 | Cory Hatch And Sarah Lison

[marktwain]

Jackson, Wyo. » The successful prosecution of a Jackson Hole hunter who claimed self defense after killing a grizzly could set a precedent in Greater Yellowstone, where the grizzly population is expanding and loaded guns are now allowed in national parks, experts say.

A jury recently found 41-year-old Stephen Westmoreland guilty of a misdemeanor charge of illegally taking a grizzly bear stemming from an incident in September when he shot a bear. He argued self defense in a trial that hinged on the behavior of the bear, among other things.

Mark Bruscino, bear management program supervisor for the Wyoming Game and Fish Department, testified at the trial about how bears act before they attack a person and told jurors that most often bruins will retreat during an encounter.

"This whole thing adds up to that people need to make sure they are in a self-defense situation," Bruscino said in an interview after the trial. "You can't kill wildlife based on an undemonstrated fear of an unrealistic threat."

Last year, seven grizzly bears were killed by hunters and hikers in self defense situations in the Greater Yellowstone Ecosystem.

Teton County Attorney Steve Weichman, who prosecuted the Westmoreland case, said it is one of the first instances in the country where a person was convicted of taking wildlife when claiming self defense.

Westmoreland shot the animal at 40 yards after he encountered it feeding on a moose carcass. The animal died on the other side of the moose from Westmoreland and without charging.

[marktwain]

If the bear was on the other side of the Moose carcass, and not moving toward the hunter, the jury verdict seems understandable.

[Anti-Bubba182]

"You can't kill wildlife based on an undemonstrated fear of an unrealistic threat."

It's a damn Griz!!! Any threat is realistic with a Griz on a trail!

[DaveArk]

It’s illegal to poach the King’s animals.

[OKSooner]

Sounds like Mr. Bear was already chowin' down.

Don't act like you're going to interrupt his meal and what's the problem?

[misterrob]

A guy goes into the bear’s domain and for that the bear dies?

[Ghost of Philip Marlowe]

Maybe.

But you do understand that the Left is trying to make people as helpless before wildlife as they are before criminals.

In the not-too-distant future, the prosecution will be claiming, “Well, yes, the grizzly did charge the defendant. The grizzly did knock him down and bit his foot off. He clawed his scalp off. But the defendant had no reason to believe that these attacks were a threat on his life, because people have survived such injuries. I repeat, someone being attacked by a grizzly can only employ lethal force if that grizzly is biting the neck of the victim.”

Leftists are trying to take over MT. Their toehold for their totalitarianism is the national parks and any other “public land” that enables them to set up their autocracies.

[MindBender26]

Westmoreland shot the animal at 40 yards after he encountered it feeding on a moose carcass. The animal died on the other side of the moose from Westmoreland and without charging.

Not much self defense at that range or situation.

What was he defending against?

First requirement, except under Castle Doctrine, is to try to disengage. The bear did not charge, it kept eating the carcass. Westmoreland should have just walked away.

[Oberon]

"You can't kill wildlife based on an undemonstrated fear of an unrealistic threat."

Watch me!

[MindBender26]

Any threat is realistic with a Griz on a trail!

So anywhere I encounter a Grizzly bear in a protected game preserve park, even if he is 40 meters away, and showing no aggressive behavior, I can shoot him??

[sbMKE]

The typical bear at the zoo poses a greater threat than the bear in this case.

Hate to say it, but the verdict sounds 100% correct. A yahoo out looking to shoot an animal for kicks.

[waxer1]

It is people like this who is going to ruin it for everybody else who use caution. He should have backed off the bear and walked away.

I take a side arm with me when I hike in the desert. If I come across a bunch of illegals I just turn and walk away.

There was an incident where a guy was hiking and a illegal shoved a gun in his face and told him to leave.

[PowderMonkey]

"If the bear was on the other side of the Moose carcass, and not moving toward the hunter, the jury verdict seems understandable."

Yep. I am, however, reminded of a man in our neck of the woods who was similarly charged after lining up a shot from his bedroom window, and killing a bear while it rummaged through his trash cans. What the reporting omitted was that dozens of school children were walking to bus stops that morning, unaware of the animal's presence in the neighborhood; dozens of children carrying backpacks filled with "Old Ephraim's" favorite goodies. So, it calls to question does what constitute a perceived threat in human-to-human encounters apply in human-to-bear encounters? I dunno...but given a bear's power, speed, and belligerent nature when food's involved, I'd say equating the two would be problematic.

[Caipirabob]

If the bear was on the other side of the Moose carcass, and not moving toward the hunter, the jury verdict seems understandable.

Agreed, if that was truly the case. It's the difference between a truly life threatening situation and the privilege of seeing one of these monsters in it's natural habitat, a wonder that people specifically travel to the park to see.

[Greek]

Not as easily decided as it sounds. Here are a few facts:

A male grizzly can move 109 yards in 6 seconds, so 3 seconds away from this guy.

Here are the most likely reason for attack:

“The Alaska Science Center ranks the following as the most likely reasons for bear attacks:

1. Surprise
2. Curiosity
3. Invaded personal space (this includes a mother bear protecting her young)
4. Predatory
5. Hunting wounded
6. Carcass defense
7. Provoked charge

1, 3, and 6 give three reasons in this case for this guy to be concerned, and why wait for a bear to charge you and be on you in 3 seconds? Maybe he stumbled into an area where there was no place to back out?

[abb]

Bears now have civil rights?

[CodeToad]

Seems the jury might be right on this one. If the Grizz was on his side of the meal and had made efforts to attack him, I could see self-defense, but if the Grizz was in place at his meal and no other signs of attack were present it seems someone shot a Grizz just to do it.

[BobL]

“A male grizzly can move 109 yards in 6 seconds, so 3 seconds away from this guy.”

It’s probably a bit scarier if you’re actually there and are aware of the animal’s capabilities. Tough call though - unless I’m sure that I can hit the thing in the face while it’s charging me, I might have been tempted to do what he did also.

[proud_yank]

So anywhere I encounter a Grizzly bear in a protected game preserve park, even if he is 40 meters away, and showing no aggressive behavior, I can shoot him??

This article gives very little information about the bear's behavior. The fact that it wasn't charging doesn't matter much, IMO. They'll often hiss and pop their jaw before bluff charging, and its exactly that, a bluff charge (run up to you and stop about 20' away). I've been told that often times before a charge they'll stand there and slowly sway their head to the side before coming in. That happened to a friend of mine hunting caribou near Kotzebue at about 50 yards, they kept shouting, it'd walk away and slowly come back. Then it stood there swaying his head and he shot it. They were not in season, and he reported it to fish & game. The ranger shook his hand and told him he's lucky he didn't get attacked.

Grizzlies can sprint up to 35mph, at 40 yards that's about 2-3 sec before they're to you. If they're near a food source, they don't like any competetion. He's lucky he saw him, instead of passing by with him lurking in the bushes. I took a grizzly a couple years back fairly close and had no idea he was there until he came out.

Again, there is very little info given in the article. If it were me I'd try to slowly back away first (NEVER run from a grizzly/brown, and keep facing them). If it acted suspiciously, irregardless of a charge(at that distance you probably wouldn't have time to react any ways), I'd have done the same thing.

[proud_yank]

Tough call though - unless I’m sure that I can hit the thing in the face while it’s charging me,

The chances of hitting a bear charging from 40 yards are next to zero. You never want to hit it in the head either.

[PowderMonkey]

"Bears now have civil rights?


"Only you can prevent attorneys. Please, don't feed the ambulance chasers."