Quantcast
  1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

Man who shot bear refuses plea bargain

Discussion in 'General Gun Discussions' started by gunsmith, Aug 19, 2004.

Thread Status:
Not open for further replies.
  1. gunsmith

    gunsmith member

    Joined:
    May 8, 2003
    Messages:
    5,906
    Location:
    Reno, Nevada
    http://www.enquirer.com/editions/2004/07/22/loc_kybear22.html
    Man who shot bear refuses plea bargain


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


    By Roger Alford
    The Associated Press


    An eastern Kentucky man charged with illegally killing a bear in his back yard has refused to plead guilty in order to avoid the possibility of jail time, opting instead to have his case heard in front of a jury.

    Terry Brock, 36, of Mayking, said the bear was a renegade and that he killed it to protect his family.

    The Letcher County man faces from 30 days to a year in jail and a fine of up to $1,000 if convicted. He said the county prosecutor offered a plea bargain that would have required no jail time but he would have had to pay a $250 penalty, give up his hunting privileges and the heirloom 30-30 caliber rifle he used to shoot the bear.

    "I didn't want to do that," Brock said. "I don't feel like I did anything wrong."

    District Judge Jim Wood set Brock's trial for Sept. 20.

    Brock, who has three children, said he walked out his door on June 2 to see what had his dogs and horse so disturbed and came face to face with the bear. He said he jumped back inside, asked his wife to call the Kentucky Department of Fish and Wildlife for help, and began banging on the wall of his mobile home, hoping the noise would frighten the wild animal away.

    When that didn't work, Brock said he grabbed an heirloom rifle and fired.

    "It seems like he had a right to protect his family, his dogs, his horse, from this bear," said defense attorney Jamie Hatton. "It's not like he was poaching."

    Letcher County Attorney Harold Bolling couldn't be reached to comment Wednesday. The Kentucky Department of Fish and Wildlife, which filed the charge against Brock, doesn't want the case dropped.

    In a region where complaints about the protected animals are on the increase, a trial could test how jurors in eastern Kentucky perceive the shooting of black bears that wander into residential areas.

    For the first time in more than a century, Kentucky has a self-sustaining black bear population.

    Brock, who has pleaded not guilty to illegally killing the bear, said he couldn't believe he was accused of a crime. He said the bear swatted at his dogs and had his horse so spooked that he feared it might break a leg trying to get out of its stall.
     
  2. El Tejon

    El Tejon Member

    Joined:
    Dec 24, 2002
    Messages:
    18,085
    Location:
    Lafayette, Indiana-the Ned Flanders neighbor to Il
    Didn't do anything wrong?:confused:

    I don't remember a poll on which gun for bear. Hey, who voted .30-30?.:uhoh: :D
     
  3. Damon

    Damon Member

    Joined:
    Jan 31, 2003
    Messages:
    110
    Location:
    Virginia
    Maybe he shot the bear six times in the back.:rolleyes:
     
  4. Standing Wolf

    Standing Wolf Member in memoriam

    Joined:
    Dec 24, 2002
    Messages:
    24,041
    Location:
    Idahohoho, the jolliest state
    I sincerely hope Kentuckians exhibit more common sense than residents of a certain western state I'll leave unnamed.
     
  5. CZ-100

    CZ-100 Member

    Joined:
    May 12, 2003
    Messages:
    979
    Location:
    Sourh FL/East TN
    Maybe he should read THIS
     
  6. RooK

    RooK Member

    Joined:
    May 13, 2004
    Messages:
    279
    Location:
    KY, USA
    It's eastern Kentucky, where I live. There is no chance, if a Jury judges him, that he will be going to jail. Shame on the KDF&W for filing charges, since it clearly was not poaching, whether he shot the bear or not. This also is no the first time a black bear around here has wandered on populated property endangering people. They have done it at my local Wal-Mart and another town some 30 miles away.
     
  7. Stand_Watie

    Stand_Watie Member

    Joined:
    Jan 7, 2004
    Messages:
    1,506
    Location:
    east Texas
    Glad to hear your opinion on the potential jury pool, Rook.

    That was my opinion too, based on just driving through and observing the rural nature of the area and the conservative attitudes of the residents. Hopefully we're right. If he were facing the charge in SoCal, the DC burbs or Seattle area I'd be less optimistic. In southwest Michigan, where I lived for many years (and which is somewhere in the middle of the spectrum of the areas I mentioned) encounters with black bears are rising fast too.

    I'm not at all bothered by a rising black bear population, in fact I hope we get a good one going here in Texas, but only with reasonable hunting seasons and the understood right to defend life and property from them.

    States like Pennsylvania, New York, Maryland, Massachussetts etc, that have a problem with an exploding black bear population that is involved in negative encounters with humans need to institute a carefully expanded hunting season that targets problem counties. This would have the double benefit of removing bears with unhealthy habits from the gene pool, and scattering the bears to areas that don't have them, that are more rural and where bears are able to exist without negative side effects to humans. The danger of being attacked here in the woods of east Texas are much greater from feral swine or cattle (and even that is small).

    When I was a kid in Maine I got to see a black bear once, scuttling away across a blueberry field a thousand yards away, just as fast as he could go. He was a lot more scared than I. That's the proper relationship between humans and black bears.
     
  8. Ky Thunder

    Ky Thunder Member

    Joined:
    Jun 19, 2004
    Messages:
    11
    Location:
    Eastern Kentucky
    I'd love to be on that jury.No way would i convict him if it happened the way he said it did.Seems to me the KDFW is gettin a little heavy handed as of late.His mistake was calling KDFW to begin with.He shoulda just killed it and buried it and not said anything to anyone about it,IMO
     
  9. Blackcloud6

    Blackcloud6 Member

    Joined:
    Dec 24, 2002
    Messages:
    601
    I'd love to be the jury foreman, and boy would the prosecutor get a lecture from me at the end of the trial...
     
  10. Steve in PA

    Steve in PA Member

    Joined:
    Dec 29, 2002
    Messages:
    2,571
    Location:
    NE PA
    So, just what exactly did this "renegade" bear do besides walk onto this guy's property?

    The info that is posted here's doesn't say what the bear was doing, was it going towards the horses......the dogs??? Of course the dogs are going to be barking and going crazy when they see the bear....ditto on the horses. Had there been reports of a bear killing or doing damage toother animals in the area?

    Did the bear even make a move towards him?? He tried to scare the bear away and when that didn't work, he shot it. He should be charged for killing the animal.

    We have a ton of bear here in PA, funny how no one here is shooting them for walking on their property. Heck, I've stood 50' from one while it was walking around a lady's house.....and she was alot closer standing their in her pj's with a camcorder.

    We have a local tv station that does an outdoor show and there are pictures and video all the time of bears in people's yards, driveways, pool's....the only people that get into a hissy fit over any type of animal are all the big city freaks (NY & NJ especially) who want to move to the "country" then freak when an animal shows up.
     
  11. R32

    R32 Member

    Joined:
    Jun 13, 2004
    Messages:
    19
    Come on shouldn't the benefit of the doubt be given to the home owner and NOT the freaking bear?? If the man felt scared for himself or his animals then he should have the right to shoot a wild animal on his property.. IMO at least :) .
     
  12. Blackcloud6

    Blackcloud6 Member

    Joined:
    Dec 24, 2002
    Messages:
    601
    R32, Thank you!
     
  13. MAUSER88

    MAUSER88 Member

    Joined:
    Apr 16, 2004
    Messages:
    664
    Location:
    NJ
    I thought things like this only happened in NJ???? Lets hope the good people of KY. exhibit some good ole common sense and let the guy walk!
     
  14. Crownvicman

    Crownvicman Member

    Joined:
    Nov 11, 2003
    Messages:
    309
    Location:
    Maryland, sad to say.
    This looks like a wonderful opportunity for jury nullification. The man shot a large, dangerous animal that was on his property and that he felt was threatening himself and his property.
     
  15. thumbtack

    thumbtack Member

    Joined:
    Dec 26, 2002
    Messages:
    647
    Location:
    Little Elm, TX.
    I saw him on the news last night and he said the bear swatted at his horse then his dog. I see no need for wasting the tax payers money on this one.
     
  16. flatrock

    flatrock Member

    Joined:
    Mar 23, 2004
    Messages:
    612
    While I don't live in eastern KY, I've visited it a few times. I find it very unlikely that a jury there would have to think about this long before acquitting him.

    The prosecutor has a good chance of being lectured by the jury as someone already mentioned, not only for charging this guy with defending himself and his animals, but for trying to take away his rifle which is a family heirloom.
     
  17. Edward429451

    Edward429451 member

    Joined:
    Dec 24, 2002
    Messages:
    2,251
    Location:
    Colorado Springs Colorado
    Steve, a bear on the property is like a bad guy with weapon visible. Claws & teeth. Swatted at the dogs & horses is like a gangbanger brandishing his 'gat and spewing threats.

    What do you think he should've done, call 9 1 1 and hide until they decide to show up?

    Banging on the walls to scare the bear off shows the guy had some presence of mind and that should be taken into account.

    Walking near a bear with a camcorder in your pj's shows no presence of mind at all. Sure maybe you can get away with it 1000 times but it's still stupid and doesn't mean it's safe cause wild animals are very unpredictable. Charging this guy for his actions sounds asinine. I applaud him for not plea bargaining his life away.
     
  18. g_gunter

    g_gunter Member

    Joined:
    Oct 3, 2003
    Messages:
    166
    Location:
    Mississippi
    Steve In PA,

    I've seen how fast Bears can charge and know how strong they are and if you or anyone else were within 50' of a bear and taking a video of it that's fine, I guess? I don't think its very wise, though, and to expect others to put themselves in danger and stay at the mercy of the bear while the proper authorities don't respond does not seem reasonable to me. That's almost as bad as anti-gunners telling me whether or not I need a gun to defend myself because they don't perceive a potential threat from bad guys. That's fine if you don't feel a threat but don't stop me from being able to protect myself.

    Bottom line is that the law is intended to stop the decimation of a species that was endangered in that area. The law is intended to prosecute poachers who go out of their way to hunt these animals NOT citizens minding their own business on their own property who attempt to contact the proper authorities in the first place but get no help.

    This is a no-brainer. The prosecuting attourney should be ashamed for even trying to blackmail this guy with a plea bargin. Leave the guy and his family heirloom alone. That's justice.

    Greg
     
  19. YodaVader

    YodaVader Member

    Joined:
    Dec 29, 2002
    Messages:
    940
    Location:
    Indiana
    Charging this guy for his actions sounds asinine.

    Agreed! The bear was on this man's property , if he did nothing and the bear did happen do go away this time - whose to say it would not have returned when he was not around and his kids were out playing. If I had kids a bear hanging around my house would not be an option regardless of what the Dept of Fish and Wildlife may try to do to me later.

    If a cop had dispatched the bear would the same dept be filing charges against the officer?
     
  20. Chipperman

    Chipperman Member

    Joined:
    Dec 25, 2002
    Messages:
    4,572
    Location:
    Essex Co, MA
    Maybe the prosecuting attorney is a lever-gun collector and wanted to score another one. :scrutiny:
     
  21. Steve in PA

    Steve in PA Member

    Joined:
    Dec 29, 2002
    Messages:
    2,571
    Location:
    NE PA
    Thank god I live in a state where people have more common sense in the way they deal with animals.

    I see, because the bear might have left the area, and might have returned in the future, we're just going to shoot it and be done with it, huh???

    Yeah, I know how fast bears can move. We've had to deal with several bear calls a year in our town. Big deal. None got shot because they walked through someone's back yard.
     
  22. YodaVader

    YodaVader Member

    Joined:
    Dec 29, 2002
    Messages:
    940
    Location:
    Indiana
    I see, because the bear might have left the area, and might have returned in the future, we're just going to shoot it and be done with it, huh???

    Well in the case of Mr. Brock the bear did not leave - had it left it probably would not have been shot. Common sense tells me that a human's life is worth far more than an animal's. He was not poaching - the animal was on his property - he felt he was protecting his family which is his right.
     
  23. sturmruger

    sturmruger Member

    Joined:
    Jan 4, 2003
    Messages:
    3,055
    Location:
    NW, WI
    This prosecutor must not be too bright, or there is something missing from this story. Maybe he had a big pile of bait in his yard, I kinf of doubt there was any bait but if there was that could explain a lot.
     
  24. Ky Thunder

    Ky Thunder Member

    Joined:
    Jun 19, 2004
    Messages:
    11
    Location:
    Eastern Kentucky
    I've followed this story since it started,there was no bait in Mr.Brock's yard,he had some horses in his stable and the bear was scaring them.Horses when scared will jump,kick and attempt to run thru whatever is in their way in an attempt to escape the threat.A horse with a broken leg is pretty much ruined.if you have several horses going apecrap because a bear is near,then you have an emergency,IMO.I don't blame him for shooting it.He tried to scare it away and that didnt work,so what was he supposed to do,let it stay?.Until his horses had maimed themselves beyond repair.Fish and Wildlife response times are about an hour,if your lucky here in these hills,state police isn't much better.I can tell if the Ky state police had been called and made it there before the horses crippled themselves,they would have shot it too.Im not too far from where this happened,theres alot of bears here,in peoples yards and fields.Should we get rid of our horses,and keep our kids indoors so the bears can have free reign.I think he did what he had to do under the circumstances.
     
  25. sendec

    sendec member

    Joined:
    Dec 2, 2003
    Messages:
    913
    If its open season because it may be dangerous in the future, well, people apply that logic to controlling guns, too. I'd want to hear more before I rendered a verdict. The Commonwealth attorney probably needs to try this case, because if the bear population is increasing and the behavior of the humans cannot be controlled, it does'nt look good.

    Deal with the problem animals, not every animal is gonna be a problem.

    BTW, a big percentage of the "menacing" animals I've seen that were killed in "self defense" had entry wounds in the butt:uhoh:
     
Thread Status:
Not open for further replies.

Share This Page