Genius in Evergreen Shoots Bears

[Bailey Guns]

It's not clear whether the homeowner shot with the realization that the third round was a lethal round. He may have simply made the mistake of not being aware of his loading sequence. If that's the case, the lack of intent should take it out of the felony category. It's a lesson for anyone in that situation.

Doesn't matter. The statute for this, Illegal Discharge of a Firearm, requires the mental state of "knowingly" or "recklessly"...not intentionally. If he didn't know, forgot or was confused then he was reckless in the handling of his gun. It's a Class 5 felony and it applies.

[.455_Hunter]

It's an effective program for non lethal deterrence against problem bears.

I definitely agree, but given the current political climate of anything dealing with guns = BAD, who knows. The P&W spokeswoman on KOA this morning did not hail the praises of rubber buckshot- banging a spoon on a pot was the indicated preferred course of action for the unwashed masses...

Six years ago, DOW issued rubber buck shot to me, and I used one for the first time last year on a bear that came to the house one morning. I load 3 rubber buckshot followed by 3 lethal rounds. One shot to the ass of this bear sent him running fast, hopefully not to return. We expect bears to wander and be anywhere at night, but around our abode during the day, they are not welcome. Bears can be unpredictable and dangerous. I'd rather deter a bear with rubber buckshot than be hurt by one, or have to kill one in defense.

Good show! I have the same plan.

[Irving]

I think the best thing would be for this guy to join the board so we can directly give him our expert advice.

[Ah Pook]

I think the best thing would be for this guy to join the board so we can directly give him our expert advice.

The know-it-alls will set him straight?

[vossman]

Yup.

[MED]

If you go to his business WilliamsTreeCo, you can look up his address. He only has a .31 acre lot, and the houses are right next to each other. The people in Evergreen are going ballistic on this guy. I don't want to see him burned at the stake, but I do believe that bad choices lead to bad consequences.

[Skip]

Doesn't matter. The statute for this, Illegal Discharge of a Firearm, requires the mental state of "knowingly" or "recklessly"...not intentionally. If he didn't know, forgot or was confused then he was reckless in the handling of his gun. It's a Class 5 felony and it applies.

I predict a partial/full acquittal...

http://www.thedenverchannel.com/news...rosecutors-say

The homeowner, Daniel C. Williams, 50, is being charged with:

• Illegal discharge of a firearm (felony)
• Aggravated cruelty to animals (felony)
• Shooting from a public road (misdemeanor)
• Illegal possession of wildlife (misdemeanor) - 2 counts
• Black bear hunting out of season (misdemeanor) - 3 counts

[snip]

Wildlife officials told 7NEWS they have been working with this resident to address the issues of bears on his property. Williams had acquired the rubber buckshot from Colorado Parks and Wildlife.

The problem the prosecution is going to have is if the state provided the rubber buckshot how can they prosecute him for using his weapon? It can be perceived as the state giving him license to use the shotgun on bears (obviously with the understanding it's non-lethal[ish]). A lethal load can easily be put into the mistake or the panic column.

That's a lot of overcharging for using a weapon he can claim the state directed him to use. How would we treat LEO for the same mistake? We're talking about animals here, not people.

And it's comical to me that the Class 5 felony carries more prison time than some violence sex offenders serve. Odds are good he wouldn't do that time, but still. I almost wonder if civil penalties wouldn't be better in cases like this where no one is injured. Make him pay to repair the neighbor's home and buy bear-proof garbage cans/dumpsters for the neighborhood. Then maybe a hefty fine to be spent managing the bear population. Everyone wins and the guy isn't a felon for doing something that was common place not too long ago.

[BushMasterBoy]

wait til a bear eats a kid...

[Ah Pook]

wait til a bear eats a kid...

Shouldn't put kids in the trash.

[Doc45]

The Jeffco SO has a now deleted facebook post from him from July 2011 where he talked about how he had shot a bear with rubber buckshot in his garage. He added that it was a cool way to start off the 4th weekend, shooting a 12 guage at 5:30a. Evidently it's been making the social media rounds and the SO has confirmed it's legit.