930in716 December 1, 2017 Hunter indictment

Friday, December 1st

Transcript - Not for consumer use. Robot overlords only. Will not be accurate.

It's 930. In 716. By all accounts it's a massive tragedy 100%. Identify your target if you cannot identify your target don't shoot. That's that the default is not to shoot. It's not to shoot a hunter pulls the trigger after sunset a woman walking her dogs now dead. Charges are filed with any accidental. Event. I think you need to have a thorough and complete investigation complete before you move forward and the case is back in court in January. What are the important factors into the sunset situation. Because that lends itself to a prosecutor arguing that account that was reckless because they're published in recent. To not be shooting after darker after months. I'm Tim weigh anchor Thomas did allows keep pleaded not guilty on Thursday to a two count indictment of manslaughter ended DEC violation for hunting after hours. To the house he allegedly shot and killed Rosemary bill Crist early was hunting after hours. The day before Thanksgiving in world should talk with county Sherman good afternoon my name is Joseph drops again that your version top accounting. And here's afternoon to announce the grand jury indictment. Thomas jet ski. Granger indicted him for the death of Rosemary bill quiz. On November 22. Of this year. I was there for the news conferences sheriff Joseph Jerod C opened things up to us he was indicted by the grand jury for me Islam in the second degree. And also for hunting after sunset on the 22 and November about five when he. Our national ones that are received that call reporting that. This bill was had been shot Sherman rescue responded to the scene immediately. As did members shares office. This bill was was transported. To hospital later news succumbing to her injuries but the indictment today. Measles in the arraignment. A jail husky who was. Judge set bail at 50000 dollars care and 100000 dollars property. It's my understanding engine miles he has posted bail will be released should talk with county district attorney Patrick Swanson. My recommendation for bail was 150000. Based on. The fact is that you consider when setting bail. His next court date is January 29 in between now and then will be exchanging discovery and motions that are to be hurt or file will be heard at that time. My deepest since condolences go out to the family that the book the Stanley in the margins. For those you that don't know I grew up in Sherman. I know the families and most of the people that know these people. And it's it's a small town in. They're struggling right now. Because there's such there's tragedy. It's affecting Barry meant very large portion of that community. They just wanted to for my condolences go out there for the family. Of all those that are suffering at this time. If you have any questions I think that the sheriff in and the captain and I would retain those if we can. And there are many most for the DEC and chief conservation officer frank Marcella. On the timing of the shooting. The 911 call was registered around 5:20 PM. Sunset approximately. 445. In big game hunting you could hunt from sunrise to sunset those are specific. Times you find him on the weather up. You can find him in the local newspaper. We at the DC. Have a publications there your hunter. You're hunting guide those are in your hunting guide so when you talk about sunrise sunset times or specific. The regulations. Regarding hunting hours are their for a reason. Sold out when you have. Low light conditions before sunrise after sunset. There's not. You're not pursuing game. So to speak. And especially big game. So yes there can't be a problem. The department of environmental conservation. Runs a mandated sportsman education program. Our department takes hunter education very seriously. The men and women to our volunteer based. And conduct a homeowner education program. Are very thorough in their presentation. And they go over all of those things that you are important. I mentioned this at a press conference. Several years ago and I always touch based on fire safety once the bullet. Projectiles. Palace leave the barrel you cannot call them back. It's very important to know your target know what's behind it pay attention to the the general hunting regulations sunrise sunset times firearms safety where your muzzle pointed. Keeping your finger off the trigger until you're ready to fire. And we talk about. Identifying your target 100%. Identify your target if you cannot identify your target don't shoot. That's that the default does not shoot it's not to shoot. So. Those things IE. I stress. And we strossen hunter education programs. When we teach two courses ourselves Marcellus searched carefully for his thoughts and words as he responded to questions about the actions of hunters. And the public's perception. Of hunters. What I would tell hunters. When the season has closed the season is closed. If you harvested deer after. Legal shooting hours that years taken illegally and unlawfully. It's horrible horrible offense. And is. Discharging your firearm. After dark. At a target debt you may or may not have clear. Identification of worth that is that what it's worth Q. In my answer to them is no there's always another day there's always tomorrow there's always another season. And that is the most important thing that. There's always another hunting day and you don't have to do that. Hunting. For the most part is a relatively safe. And ever. This is a highly. Unfortunate. Incident it's tragic. It's preventable. IE. Would be hard pressed to. Tell anyone that they should not be concerned for their safety because. The young woman who was life was tragically lost. What can ice later her family for the but I would say that. Overwhelmingly. The majority. Of hunters. That I have checked over a thirty year career. Our law abiding honest people. That are RO pursuing. A time honored tradition. The end. Follow the law. I wouldn't classify. I wouldn't classify any of them. It's. You know being a problem. Unfortunately this happened. But I wouldn't classify hunters has. As the problem. Of course it's now a purely legal matter a serious one as a spouse mourns the loss of his longtime wife. The funeral services held the day before the grand jury indictment. Well the whole thing. I think hinges on the did it happen after sons that are not. WB and legal man and nationally known criminal defense attorney Paul camp brio weighing in. With hourly and bella via. Informal what I read in the media it was forty minute gap there are between the time of the 9/11 call. And and sons. And so the question now is what happened. In that forty minutes and you know I'm defending the case I'm looking at things like. Well number one at a find the person that apparently were screens or whatever. Number truly don't know what the trainers like. At that time and it you know it's hard to find her. How much time did you spend trying to address the wounds. Before you can get a phone call off. You know all another words justifying. All the time. So that it's not after sunset. Because the problem is one should get after sunset. The prosecution's gonna take the position. That the reason why I sunset rule there is because of the danger. Are flawed shooting when it's darker. And soul that contributes to a finding of recklessness. Whether or not that negligent as a poster reckless. And I always give an example of the difference between negligence and recklessness in the criminal area. If I were driving down a road and which occurred at enemy. And I didn't see any cars coming the other way but I nevertheless pulled out. That would be negligent because the average person. Could perceive you bet me these are gonna come around a core. And on the other hand if I actually see it are coming around the corner. And I'm convinced that I can nevertheless fallout past and make it. And I don't that's reckless because now I've actually seen the problem. And I disregarded. It. And that is higher degree. Of culpability so they can easily look at the 911 time. And happy officials sunset times which people are posted obviously your record. And now they know what forty minutes now whether they questioned yeah. And questioned without a lawyer. Whether he should handle lawyer whether he had for a lawyer. And he made statements. Talking about that time line. And those statements are admissible or not will be one of the issues that the defense are I have to deal. Crime has just sent our I look at okay they encountered you. And you know where you're given your rice were you treated goal. All those things will come into play when I would interview a person in that situation. Men decide whether or not. If he did make statements and they were incriminate whether they would pianist. One of the factors whether it's okay he's not one of the important factors is besides such situation. Because that lends itself to a prosecutor arguing that account that was reckless because there each. To that the shooting after darker chapters on. That being said what happens in when you're entitled to. You're legal right a year right toward victory. In New York if you let Bert and Ernie. Then they have to stop. And can't question. You just have to ask. Or if an attorney contact them on your behalf. And says I represent this individual. And don't talk to without the then you have absolutely right if they take this statement can use. If there's no attorney involved. That the person has to be in custody now. Capacity doesn't necessarily mean arrested. It means other reasonable person would find that should not treat ago. And so if you if circumstances. Are so much. That you don't and a reasonable person would feel they're not free to go. They would be in custody and at that point then they have to be advising the so called Miranda rights. And be told about an attorney and all the rest of so that's one of clear things so now the question is. When Nate if they interviewed him what he would cut and needed the natural order it'll lawyers say that he tripped on. Although from what I have to be look in due to determine whether or not the statements were taken legal. How important is it. The individual does the right thing they made a mistake but they quickly go they render aid they call 911 at a of people. That just become panicked and they go to survival mode and they get away from the scene. Well what you're saying is that there's the possibility. That shooting somebody 200 Eric you've heard screen you can just take a law. And the chances of them finding you. You know may be remote and so year. So he did that at all it sounds like think it was. You know an accident. And that he was doing everything in his power. Who renders system for the tragic thing that just happen now that may resonate with the district attorney in a couple way. They may say well all right you're charged let reckless manslaughter. But maybe it will reduce it to negligent homicide. Which takes it from fifteen years to four years. Or maybe something what diplomat. It's you know whether or not that's what happened. I don't know but that you would doom. With that kind of activity because clearly couldn't take it off and that's somebody didn't go. Like I saw his car fare well recognized to help or something like. You know the chances of them at a bullet. To a gun that they do. We're probably get pretty remote. Will be in court in January. And were back mind. That's 930 in 716. We're back tomorrow with a net a radiation from the studios of WD EA and buffalo law.