Acquitted hunter allowed to hunt again after shooting death of Marshall man

[ccharles000]

http://www.citizen-times.com/article/20100411/NEWS/304110041

BREVARD — North Carolina could issue a few words of advice on being more cautious to the hunter who shot and killed a man he mistook for a deer.

But the state can do nothing to keep him from going back into the woods with a gun, or even require additional training, officials said following the trial and acquittal of Kyle Keith.

A Transylvania County jury found Keith not guilty last week in the death of Luciano Martinez, a 50-year-old Marshall man shot while picking galax in the Turkey Pen Gap area of Pisgah National Forest on Dec. 13, 2008.

As a regular hike leader familiar with that area, Tracey Rabjohns said she finds it shocking that a hunter could retain a license despite a fatal shooting.

“Something like that is definitely irrevocable for the family of the person who died,” Rabjohns said. “It just scares me that the person is allowed to go back in the woods with a gun.”

Hunters, hikers, mountain bikers, trail runners and others share huge chunks of public land in Western North Carolina, a fact that has raised interest in the case beyond the tragedy of Martinez' death.

[Grand Taurean]

1. Should be in jail.

[Kali]

2. jury acquitted

and OP's subject line is a little misleading - implies shooter has actually applied or sought permission to hunt - for all we know he has been traumatized by the experience as well and will never hunt again...
the facts I got from the story are that because he wasn't convicted, he theoretically can legally own guns and hunt.

[paulsby]

4. it's called trial by jury

and he was acquitted. why should an acquitted man be forced to give up his rights?

it's also called RULE OF LAW

is he "guilty"? i have no idea. it's certainly possible a guilty man got acquitted. look at OJ (the first time)

regardless, of course he has to be :"allowed" to hunt again.

he committed no crime

[Grand Taurean]

10. I understand that the jury acquitted him.

I was saying that I would not have acquitted him.

[paulsby]

12. that's difficult to predict

since it's doubtful you were privy to all the evidence presented at trial and may also be privy to information that was inadmissible at trial.

[provis99]

3. plenty of hunters don't care if they shoot a human or a deer; its all the same to them.

My aunt was shot at several times by drunken hunters when she used to go hunting with her husband. The first time this happened, the guys jumped in their truck and took off before someone could confront them. The second time, my uncle caught the guy running away, and when he confronted him about being careful what they shot at, him and his drunk buddy just laughed and said they thought it was funny that they mistook her for a deer (yeah right) and nearly killed her. Had my uncle had his rifle with him, he says he doesn't know what he would have done when they said that.

Personally, I think a lot of shooting "accidents" are deliberate murders that can't be strictly proven in court, just as more than a few vehicle "accidents" are also vehicular murders.

[Remmah2]

6. Does your aunt look like a moose? nt

nt

[HALO141]

8. What an asinine thing to say. n/t

[SteveM]

9. You experiences don't sum up hunting well...

It is unfortunate that your family members went through this. But hunting has become far safer over the last 20 years, and deaths from gun-shots in the field are way down. I have hunted all my life and have never been mistaken for a deer, dove, duck or feral hog. You can credit mandatory hunter education and the requirement (when on public lands) to wear blaze orange for this.

Hunters should not be a punching bag for the exceptional "accident" anymore than a gun-owner must be held up to ridicule because a thug shot up a playground.

[Grand Taurean]

11. Which is why I stay far away from these drunk losers.

Which is why I am pro-gun myself. One needs to be defended against this bums.

[X_Digger]

5. Acquitted is acquitted

We don't strip people's rights for being found 'not guilty' of a crime.

[OneTenthofOnePercent]

7. Deer hunting is typically MUCH safer than other hunting

Deer hunters can wear bright orange (often required by law) and don't have a very great need to hide very well if at all. My guess is the guy may have missed and the round struck a another hunter in the woods. No matter what happened, he was aquitted by 12 people so I'm confident that there were alot of extenuating circumstances and this guy (and the guy he shot) were experiencing rather unfavorable luck that day.

People who hunt for turkeys or other fowl typically need good camoflauge and use very realistic calls. Most fowl have great eyesight and the hunters can't wear anything conspicuous to alert other hunter that they are not animals. It's not uncommon, although very poor practice, for a hunter to "shoot for a patch of bird" he saw in the brush without verifying the target. Personally, I would never hunt anything like turkey on public land where others (not in my party) might be.