Injured Deer on Fence

zman308

zman308

Joined
Sep 3, 2007
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The other night my wife and I were driving through the park and we saw a yearling deer stuck on a fence. It was strugling and when I got closer I saw that it had ripped open its abdomen and its intestines were hanging out. I called the park ranger on my cell and then proceeded to go home to drop the dog, get my 22 rifle (quiet) and return. (about 2 minutes away) I have a concealed carry but did not have my weapon on me at that time. I would have shot the deer. We returned and it was dead. If I shot the deer would I have been prosecuted for discharging a firearm in the park, hunting out of season, shining the deer, discharging a firearm less than 50 yds from a road, having no deer tag and so on? The law on good intentions gone wrong probably would have taken effect. I could have lost my truck, weapons, hunting license and been fined and do time. It is walleye season on the river and there are at least 5 game wardens here every day. So I will pose this question to one of them and post his answer. What would you have done?
 
no. you would have done the right thing and im sure the park ranger would understand if you reported it. if you threw the meat in the back of your truck and didnt say anything to anybody then you might be in trouble.
 
It really puts you in an awkward situation. You want to put the animal out of it's misery but you end up breaking the law if you do.
My Mother was visiting many years ago and hit a deer but didn't kill it. She told me about it and I went to investigate. I took my compound bow along. It was early bow season. When I got there , two cops were already on the scene. I offered to finish off the deer with my bow but was told no, "you'll have to get your deer while hunting" :rolleyes: They called animal control to take care of the problem.
Scott
 
Tough call with all the consequences involved, I would've liked to put it out of it's misery. Interested in what the wardens tell ya,

Paul
 
Main thing is that you tried to do the right thing, my hats off to you.

I guess I would have call the wardens and if the situation looked bad enough slit the deer's throat.
 
I'm a 911 Dispatcher for my local Sheriff's Office and I can tell you exactly what happens here. Call the SO and we'll send out a Deputy to dispatch the deer, provided hasn't left the scene. We get lots of calls for deer, eagles, hawks, and other animals that have been injured. Game Wardens tell us to let nature take it's course, so we do. (with the exception of deer on a roadway or in a ditch) If you do dispatch a deer or other game animal, or a protected species regardless of how much it's suffering, you can get into a fair amount of trouble. I'm not saying I agree with it or say it's right, but that's where the law stands around here.
I get the brunt of a lot of pissed off people when I tell them to leave the animals alone, but it's not my call.
 
When I worked on the Conservation Advisory Council for the State of Connecticut, I posed a similar question to a conservation officer. I asked about fishing and catching, by deep hooking or gut hooking, an undersized fish. If released, the fish would suffer and die, if kept it would be illegal but would not go to waste. Legally, it should be thrown back in the ocean dead or alive. The logic is, the ecosystem will take care of it and it doesn't go to waste as it feeds other animals in the food chain.

Now, to me, I can understand the purpose but deep down I don't agree with it. Then again, if I didn't make the law, I won't break it.
 
I definitely think you had the right intentions but it could be a legal risk to you.

A lot of it could depend on "who" responded to it.

You might get a ranger or game warden that would be understanding or you might get someone more concerned about legalities. It could be a dangerous game.

A game that might not be worth playing even if it is the right thing to do.

It would be a shame to have to waste your precious resources and livelihood to prove it by defense to a jury.

Even though it is hard, sometimes it is just best to let it be and let someone else take care of it.

Sometimes you have to think of self-preservation and the big picture for your family.
 
Did the deer go to waste? That would be the real shame.
 
When something like this comes up the following words ring in my ears

"... Will be prosecuted to the fullest extent of the law."
 
I think your situation is unique. Here you are faced with a graphically disturbing reality. A yearling deer with it guts pouring out stuck on a fence. Hell, peta would give you a metal for shooting it. Maybe not, but I doubt you would get in trouble with the law.
 
A friend of mine told me how his father finished a wounded deer that had hid in their garden by grabing the horns... and then twisting the neck. They said they never ever looked at their father the same way after that.
But the father was an official game warden/ranger at the time.

Among people of good will, everything could be possible, unfortunatly too permissive law enforcement is a call for people pushing too far, stuff like killing deer because "it wasn't looking good".

As for Scott experience, a bow might not be the best weapon to finish an animal plus the cops didn't know your records and had no idea if you could finish it properly. Plus they probably had no specific knowledge about animals so they did it by the book.

Of course they could have spared the lame comment.
 
The law in PA changed while I was down here in Brazil. It used to be that you could dispatch a wounded deer now the law requires you to a call a game warden or the police.

That said...

I know a guy who was driving along up a mountain road when the Rav 4 up ahead hit a doe square-on. The deer came out from underneath the little 4x4. He had to brake hard to not hit the deer flopping in the road. It was about 10 degrees F. He pulled off onto the shoulder, retrieved his snub .38 from it's ankle holster and shot the deer 3x.

The driver of the Rav 4 had stopped up ahead, so he got into his car and drove up there to check that everyone was OK. The woman was regaining her composure, had obviously been crying.

"You OK?"

"Yes, Did you shoot the deer?" She asked him.

"Yes, she had four broken legs, and would have died of the cold or been hit again trying to get off the road. It was the right thing. Look, if you're OK I don't want to stick around."

"Yeah, that's probably a good idea. Thanks."

I think its a case of no good deed goes unpunished. There were slobs out there who would hit deer intentionally with a beater car and then abuse the system. The laws are there to keep people from taking risky shots on public roads too.

Keep in mind that you didn't write the law but anytime you feel compelled to do such an act of mercy it will be up to the discretion of the officer who becomes involved. Nobody can weigh that choice for you. Mac
 
a friend of mine came upon a deer that had been hit by a vehicle and was still alive but on the road.He had someone with him so to keep someone else from hitting the deer they put it in the back of his truck(the deer was still alive)and called the local police on there cell phone.When the police arrived they ask him if he would shoot the deer to put it down.The officer told them if they wanted to go to there house(they live close to the accident site)and get a gun and come back,place the deer in a field and shoot it he no problem with that because of the paper work he would have to if he discharged his weapon.....they did it.The deer was processed up put up in the freezer..:thumbup:
 
Another anecdote is about the guy who hits an hog with his van.
The guy thinks he has scored easy game and that will somewhat make it up for the damage on the car so he loads it in the back of the van.

Then it happens the hog wasn't that dead after all...

The guy could bearly escape before the animal torn out the inside of the van.

There are also stories about hogs being hit by (small) cars, with the car destroyed and the 200lbs beast getting back on feets and running away.
 
zman308 said:
The other night my wife and I were driving through the park and we saw a yearling deer stuck on a fence. It was strugling and when I got closer I saw that it had ripped open its abdomen and its intestines were hanging out. I called the park ranger on my cell and then proceeded to go home to drop the dog, get my 22 rifle (quiet) and return. (about 2 minutes away) I have a concealed carry but did not have my weapon on me at that time. I would have shot the deer. We returned and it was dead. If I shot the deer would I have been prosecuted for discharging a firearm in the park, hunting out of season, shining the deer, discharging a firearm less than 50 yds from a road, having no deer tag and so on? The law on good intentions gone wrong probably would have taken effect. I could have lost my truck, weapons, hunting license and been fined and do time. It is walleye season on the river and there are at least 5 game wardens here every day. So I will pose this question to one of them and post his answer. What would you have done?
Click to expand...

Taken video with a camera phone and sent it and a copy of your story to my state reps and newspapers.
 
About 2 years ago a deer got hung up pretty bad in the barbed wire fence around Dad's pasture. Thing is, we didn't even know it at the time. We just heard the coyotes going absolutely crazy that night, and found out what happened the next day. There was just some bones hanging on the fence yet. Nature sure didn't let that one go to waste.

I simply cannot afford to get in any sort of legal trouble right now. So even if I were compelled to end its suffering, I'd do it in such a way as to leave no evidence, and take none with me. Someone mentioned expense of a jury trial- Maybe I'm just misunderstanding things, but I always thought game/wildlife laws don't work that way. There is no right to trial by jury, or to see a judge. You are presumed guilty and must prove innocence. You can plead your "case" to whoever is above the game wardens, but it's entirely up to him. They do not need warrants to come search your home or vehicle for evidence.

On a semi related note- a long knife will finish a critter just as cleanly as a gun (if not more so), without the noise or chance of ricochets.
 
the possum said:
Someone mentioned expense of a jury trial- Maybe I'm just misunderstanding things, but I always thought game/wildlife laws don't work that way. There is no right to trial by jury, or to see a judge. You are presumed guilty and must prove innocence. You can plead your "case" to whoever is above the game wardens, but it's entirely up to him. They do not need warrants to come search your home or vehicle for evidence.
Click to expand...

I can't speak specifically to the laws in Illinois but a charge of a wildlife violation by a state agency is a violation of game laws and could result in municipal or common pleas (misdemeanor or felony) court depending on the nature of the violation. The law may not be in the "criminal" section of the law but if it has an incarceration or fine it must be heard in a criminal court.

A violation of a federal game law would result in charges in federal court (like a violation that occurs in a federal park/reserve).

A criminal court may have the right to jury trial then, depending on seriousness of the offense.

ANY action of a government agent acting with color of law against a citizen is covered by the US Constitution and a search requires probable cause and a warrant (or exception to the warrant requirement) - Fourth Amendment.

People may allow a game warden or someone to search without a warrant, ie. consent search, but any search (beyond that consent) must meet the probable cause requirement and have a warrant or be an exception to the warrant requirement.
 
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