Home Forums Hunting & Shooting General Big Game Update on CO Bowhunter fatality

Some may remember the case of the muzzleloading hunter from PA who shot and killed a Texas bowhunter last September in SW CO during the early muzzleloader season. The two seasons overlap..

The PA hunter was hunting with a partner, and the partner was trying to bugle in a bull. The hunter heard what he thought was an elk and saw movement in the trees and shot the bowhunter.

The shooter was originally charged with criminally negligent homicide which is a class 5 felony in CO. He was just formally charged with manslaughter, which sounds less serious but is actually an upgraded charge since it's a class 4 felony that carries a possible jail sentence of 2-6 years and up to $500 K in fines. The shooter pled not guilty to the charges and the trial date was set for May 16th.

From the attached article it sounds like they were trying to work out a plea deal, couldn't agree, and the state upgraded the charges. That could be a negotiating tactic? Sounds like the shooter has hired some expert witnesses and plans to fight this in court. It'll be interesting to see what the experts will testify on, if it goes to trial:

https://www.durangoherald.com/artic...hooting-of-bow-hunter-in-dolores-county/

How could an expert witness ever convince anyone with a brain that a person looks like an elk? What part of the person did the shooter think was the rack? I'm hoping he realized it was a human before he started field dressing.

I'd like to see what the experts would testify on too. My guess is, it has to be related to human perception and how the mind can play tricks on you, i.e., you see what you want to see.

Because I can't see what else they'd be testifying on. The facts are pretty cut and dried.

There was a push in CO for CPW to require blaze orange for archers during ML season because of this.The Colorado Bow Hunters organization has powerful lobby in CO and pressured CPW to not require it. So now CPW only recommends it in the Big Game brochure.The whiny archers said it would reduce their success rate

Uh-oh, now you've done it.

Maybe the defense will attempt to put blame on the state for "poor regulations allowing overlapping seasons."

I can't see a solid defense at all.
And I can't see how I could live with myself if I killed another hunter.

Thanks for the update Smoke.

The info (story) I was told the hunter was accompanied by two of his friends as they were bugling in what they thought was an elk. One of the friends was close by and said or signaled not to shoot because he wasn't sure if it was an elk but the hunter shot anyway. Suggesting that the hunter shot at movement.

Yeah, he admitted to shooting at movement, said he saw "a flash of white in the Pines."

Hey saddlesore, I've been a whiny archer for 55 years in Wi and never have taken a shot at a flash of color. What are you insinuating ?

If they were elk hunting then why would he shoot at a "flash of white?" I grew up in CO and have killed 25 elk. I haven't seen a single white hair on any of them. Elk are tan and black with a yellowish rump patch. If he saw white then he should have known he wasn't looking at an elk.

A azzhole from Pennsylvania who supposedly was a hunter safety instructor shot at a elk that was in front of me. He told the guide and me that "he saw me in the scope and knew he wouldn't hit me" I did end up shooting 2 nice bulls that day, well 2 raghorn 5x5's but nice for a Florida cracker.
You need to know what the he'll your shooting at and where the he'll they were standing when you shot.

This whiny ass Colorado bowhunter is glad I still have the choice of whether to wear orange or not during muzzleloader season.

Hang that SOB!

A person not wearing Blaze orange is a weak excuse for a shooting like this. What ever happened to identifying a target first.

Bet you are right, they will try and hang it on the state.

And this with a ML. What part of the 'elk' was he shooting at? The lungs? ML hunting requires carefully picking a target spot and that requires seeing enough of the animal to know where that spot is.

this brings up the old deer hunter /sausage maker Ed Gein , he was known as the butcher of Plainfield ,Wisconsin back in 1957. the joke was where i lived Ed Gein had 2 deer hunters and a game warden hanging back behind his shed on opening weekend of deer season. as kids we had just started deer hunting so that kind of spook us a little bit .

Face shine and movement is going to give you away with all else being equal at bow distance if you have the wind. I think 300 square inches is a bit much. A blaze orange ball cap is all you need for any of the big game hunting.

Where were you hunting that allows 2 branch antlered bulls to be taken? Asking for a friend…..

Saw that as well but waiting for someone else to comment on that.