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Hog hunting gone wrong

Posted on 11/10/18 at 8:57 pm
Posted by choupiquesushi
yaton rouge
Member since Jun 2006
30596 posts
Posted on 11/10/18 at 8:57 pm
Posted by Quatre Pot
Member since Jan 2015
1545 posts
Posted on 11/10/18 at 8:59 pm to
How is that negligent homicide? Seems like a crazy accident
Posted by choupiquesushi
yaton rouge
Member since Jun 2006
30596 posts
Posted on 11/10/18 at 9:00 pm to
We can disagree on that
Posted by crankbait
Member since Feb 2008
11623 posts
Posted on 11/10/18 at 9:02 pm to
Why do you disagree? Without being so vague
Posted by choupiquesushi
yaton rouge
Member since Jun 2006
30596 posts
Posted on 11/10/18 at 9:15 pm to
If he shot not knowing his target - negligent

Posted by bbvdd
Memphis, TN
Member since Jun 2009
25005 posts
Posted on 11/10/18 at 9:16 pm to
Know your target and what’s beyond it.
Posted by LSUintheNW
At your mom’s house
Member since Aug 2009
35749 posts
Posted on 11/10/18 at 9:20 pm to
quote:

How is that negligent homicide?



quote:

According to sheriff’s detectives, Jones knew his friend was not wearing “hunter’s orange,” which is the type of clothing typically used by hunters to prevent such accidents. Also, authorities said Jones told investigators he did not know his friend’s location when he fired toward a hog


I know when I hunt with people we specifically talk about our positions.
Posted by TigernMS12
Member since Jan 2013
5531 posts
Posted on 11/10/18 at 9:26 pm to
This is a classic case of he talked himself into a charge. If he wouldn’t have told authorizes he didn’t know his friends location then it would be next to impossible to convict. He could be charged I suppose but that statement will be the nail in his coffin. His friend not wearing orange is on his friend, not him. Firing while not knowing where your partner is is possibly enough for negligence. Still negligent homicide requires gross negligence, so he may still prevail if he goes to trial, but I’d expect he gets off light due to a weak case via plea deal.
This post was edited on 11/10/18 at 9:32 pm
Posted by choupiquesushi
yaton rouge
Member since Jun 2006
30596 posts
Posted on 11/10/18 at 9:49 pm to
quote:

. His friend not wearing orange is on his friend, not


Not required


Negligent homicide does not need gross negligence

Posted by Bawcephus
Member since Jul 2018
2747 posts
Posted on 11/10/18 at 9:50 pm to
The alternative is he knew his friends location and fired?

He was going to get charged with negligent homicide regardless if he made a statement or not.
Posted by Bawcephus
Member since Jul 2018
2747 posts
Posted on 11/10/18 at 9:53 pm to
quote:

Negligent homicide does not need gross negligence 



Wrong.

§32. Negligent homicide

A. Negligent homicide is either of the following:

(1) The killing of a human being by criminal negligence.

Defined:

§12. Criminal negligence

Criminal negligence exists when, although neither specific nor general criminal intent is present, there is such disregard of the interest of others that the offender's conduct amounts to a gross deviation below the standard of care expected to be maintained by a reasonably careful man under like circumstances.
Posted by choupiquesushi
yaton rouge
Member since Jun 2006
30596 posts
Posted on 11/10/18 at 10:08 pm to
Mistaking a human for a hog is gross in my book
Posted by Bleeding purple
Athens, Texas
Member since Sep 2007
25315 posts
Posted on 11/10/18 at 10:31 pm to
What is the topographical change on honey island? Enough for a 3 to 4 ft difference in point of aim? No grown man has a chest anywhere near the point of aim on a hog.


Sounds like this could be more than NH from an outside perspective.
Posted by jgthunt
Walker
Member since Feb 2010
2464 posts
Posted on 11/10/18 at 10:43 pm to
Thought that myself. Chest shot on an average adult? Was the guy crawling? Wearing all black? Terrible situation but just a lot of questions.
Posted by White Bear
Yonnygo
Member since Jul 2014
13905 posts
Posted on 11/10/18 at 10:45 pm to
I think La tightened the law on hunting accidents (shootings)a few years back?
Posted by TigernMS12
Member since Jan 2013
5531 posts
Posted on 11/10/18 at 11:34 pm to
The alternative is he thought his friend was somewhere that he wasn’t (as a fellow hunter I hope the assumption we all take when hunting together is we know where everyone is). You would never know that isn’t true had he not gave that statement. If he thought friend was somewhere else, and fired thinking that, then no gross negligence. I still don’t think it’s gross negligence unless alcohol or some other illegal drug was involved and as another poster stated a criminal act always requires at minimum gross negligence. I’m just saying, as a defense attorney (mainly), had he not made that statement he wouldn’t have been charged but firing after starring affirmatively that he didn’t know where he was opens him up to criminal liability possibly. I still think there is an argument to be made it’s not gross negligence but that’s for a jury to decide now.

With all that said he’s absolutely fricked on a wrongful death civil suit that requires only a showing of simple negligence.
This post was edited on 11/10/18 at 11:41 pm
Posted by lsufan112001
sportsmans paradise
Member since Oct 2006
10705 posts
Posted on 11/11/18 at 12:05 am to
The story sounds like BS.

And how do you shoot someone in the chest and not know what you’re liooking at.

If a shot gun, he did it on purpose. A rifle is more excusable as its travel distance is much further.
Posted by TigernMS12
Member since Jan 2013
5531 posts
Posted on 11/11/18 at 1:19 am to
I just assumed a rifle. Who hunts hogs with a shotgun (unless I missed something in the reports). Also, I just assumed two guys hunting together didn’t equate to one wanting to kill the other. Again, a lot of assumptions but just going off what’s been reported and giving my take on things from a legal perspective
This post was edited on 11/11/18 at 1:20 am
Posted by diat150
Louisiana
Member since Jun 2005
43559 posts
Posted on 11/11/18 at 7:01 am to
quote:

The alternative is he knew his friends location and fired?

He was going to get charged with negligent homicide regardless if he made a statement or not.



The alternative is his friend told him he would be at x, but apparently he moved without signaling.
Posted by weagle99
Member since Nov 2011
35893 posts
Posted on 11/11/18 at 7:38 am to
I bet he shot at a moving bush and there was no hog anywhere around.
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