Page 1 of 4 1234 LastLast
Results 1 to 15 of 54

Thread: Woman shot while mountain biking

  1. #1
    Senior Member
    Join Date
    Sep 2003
    Location
    Gorham NH
    Posts
    4,919

    Woman shot while mountain biking

    https://www.boston.com/news/local-ne...ampshire-trail

    No indication on if she had high visibility fabrics on like hunters orange. I realize there is no legal requirement for the rider to do so but I would rather be safe then shot at.

  2. #2
    Senior Member hikerbrian's Avatar
    Join Date
    Apr 2005
    Location
    Sharon, MA
    Posts
    558
    From the linked article:

    "Investigators have talked to the hunter. It’s unclear if he will be charged."

    We obviously don't have all of the details, but I just don't understand this statement.
    Sure. Why not.

  3. #3
    Senior Member TCD's Avatar
    Join Date
    Aug 2004
    Posts
    1,683
    There are many possible circumstances; and there is such a thing as an accident. It's not automatic that the hunter is to be prosecuted.

    Maybe she was wearing this:

    Click image for larger version. 

Name:	deer costume.jpg 
Views:	79 
Size:	92.5 KB 
ID:	5929

  4. #4
    Senior Member
    Join Date
    Feb 2012
    Location
    Medfield, MA & Otisfield, ME
    Posts
    108
    It is a regional thing. I split my time between MA & ME. In MA nobody even considers that hunting might be an option; people rarely wear orange. In ME, you don't go outside in the fall without wearing Blaze orange; especially in November. I'd take it a step further and recommend not wearing white in November. A number of years ago, a woman was killed by a hunter while hanging her laundry outside to dry. Despite the fact that she was right near her house, the court of popular opinion found her to be guilty as she was wearing white mittens.

    In hunting season, I think that a good offense is best....I don't ever want to be caught saying, " maybe I should have worn my blaze orange"

  5. #5
    Senior Member
    Join Date
    Jul 2015
    Location
    Lewiston, and Biddeford Maine
    Posts
    468
    Quote Originally Posted by hikerbrian View Post
    From the linked article:

    "Investigators have talked to the hunter. It’s unclear if he will be charged."

    We obviously don't have all of the details, but I just don't understand this statement.
    Because people who accidently shoot someone are not automatically guilty of a crime.

  6. #6
    Senior Member TJsName's Avatar
    Join Date
    Mar 2013
    Location
    'Springtime' on the Carters (Somerville, MA)
    Posts
    1,586
    I hope this person is going to make a full recovery.

    I was taught that you don't pull the trigger unless you're certain what you're shooting at and what's beyond your target. I hope this standard is taught to everyone who uses a gun, but I'm not familiar with what it takes to get a hunting license/gun permit. I'd be interested if someone could elaborate.

    Blaming a person for getting shot because of what the victim was wearing is a great way for a perpetrator to absolve themselves of guilt (external attribution), but it fails to address the situation objectively. My hunch is this was an accident, which typically requires multiple things to go wrong. Pinpointing those factors and assessing responsibility is complex and difficult. Assigning any portion of blame to the victim based on a single (and as of now, unknown) factor is irresponsible. Should you wear bright colors in hunting season to improve your visibility? Yes. If you don't, does it mean it's justified if someone shoots you? No.
    | 62.2% W48: 19/48
    Trail Adopter of the Guinea Pond Trail (Pemi District)

  7. #7
    Senior Member
    Join Date
    Sep 2003
    Location
    Gorham NH
    Posts
    4,919
    When someone gets in a car accident unless there is probable cause the drivers don't necessarily get arrested. Generally F&G takes awhile to investigate and they could file charges later on as they generally aren't worried about flight risk. Far more folks killed on the roads by two or three ton weapons then in the woods. I will take a walk in the woods during hunting season with orange on over a drive down 495 or 128 in Mass where every other driver appears to be glued to a cell phone, checking facebook or texting away while waving in and out of the passing lane 20 feet from my bumper. it comes down to folks will accept very high risks through shear repetition while much lower risks are feared as they are not familiar.

    Of course even though criminal charges aren't filed that doesn't mean the hunter is off the hook, civil damages generally require a far lower bar to be crossed so litigation by the injured party is a good possibility.

  8. #8
    Moderator bikehikeskifish's Avatar
    Join Date
    Oct 2006
    Location
    New Hampshire
    Posts
    5,304
    NH Fishing and Game always says "You OWN that bullet once you pull the trigger", which is another way of saying I was taught that you don't pull the trigger unless you're certain what you're shooting at and what's beyond your target.

    Tim
    Bike, Hike, Ski, Sleep. Eat, Fish, Repeat.

  9. #9
    Senior Member
    Join Date
    Aug 2014
    Location
    Concord, NH
    Posts
    109
    Know what you're shooting at, no exceptions. The hunter should be charged.

  10. #10
    Member TomK's Avatar
    Join Date
    Oct 2010
    Location
    Home: Northwest CT / Avatar: Madison 1985
    Posts
    75
    I think it is hard to argue that the person who pulled the trigger should not bear civil liability for damage caused by his actions.

    But criminal liability is another matter. Even if negligent.

    I am aware of a fairly recent, very high profile case where the investigating agency declined criminal prosecution even though they determined that there was gross negligence, because they also made a determination that there was no intent to break any law.

    I think that same line of thinking is likely to fit here.

    TomK
    Never loved your plains, your gentle valleys/Your drowsy country lanes and pleached alleys.
    I want my hills, the trail that scorns the hollow/Up, up the ragged shale where few will follow.

    High on my hills of dream, dear hills that know me/And then how fair will seem the lands below me
    How pure at vesper time, the far bells chiming/God, give me strength to climb, and hills for climbing. "Hills" - Arthur Guiterman

  11. #11
    Senior Member TJsName's Avatar
    Join Date
    Mar 2013
    Location
    'Springtime' on the Carters (Somerville, MA)
    Posts
    1,586
    Quote Originally Posted by TomK View Post
    I think it is hard to argue that the person who pulled the trigger should not bear civil liability for damage caused by his actions.

    But criminal liability is another matter. Even if negligent.

    I am aware of a fairly recent, very high profile case where the investigating agency declined criminal prosecution even though they determined that there was gross negligence, because they also made a determination that there was no intent to break any law.

    I think that same line of thinking is likely to fit here.

    TomK
    That's a hard standard to be consistent on. Some laws are broken by an act, while others are broken by a failure to act. The line between 'not intending to shoot someone' and 'not following reasonable safety precautions' is thin when it results in someone else getting injured.
    | 62.2% W48: 19/48
    Trail Adopter of the Guinea Pond Trail (Pemi District)

  12. #12
    Senior Member CaptCaper's Avatar
    Join Date
    Nov 2003
    Location
    AHH....SKYLINE
    Posts
    394
    The Hunter probably was following or stalking a Deer right at that point that he shot.. The press doesn't tell that... it just makes him look like an idiot.

  13. #13
    Senior Member
    Join Date
    Oct 2003
    Posts
    237
    Quote Originally Posted by CaptCaper View Post
    The Hunter probably was following or stalking a Deer right at that point that he shot.. The press doesn't tell that... it just makes him look like an idiot.
    Absolutely!

    Many is the time I've seen a Woman biking down the strEet and I've said to Myself, wow that looks like a DeeR. Easy mistake tO make.

    Actually, does hunting have anything to do with it? Criminal or civil? One person shoots another; whether in a restaurant or a backyard or a city street; seems to me the courts would apply the same principles. Lots of responsibility when you've got a gun in your hands. Except when you've raised a gun in self-defense, you should always be trying very hard not to shoot anybody, seems to me.

  14. #14
    Senior Member Raven's Avatar
    Join Date
    Jan 2010
    Location
    NH Seacoast
    Posts
    1,545
    The good news is that the original report says she is in good condition. This could have been tragic. My guess is we have a family thankful to be together today given they could have potentially lost a daughter, sister, mother, aunt, friend.

    We likely have a hunter in a state of absolute fear, remorse, and regret probably really questioning why he took that shot when it wasn't clear.

    Instead of blaming the woman for not having orange and blaming the hunter for his poor judgment, maybe there should be a conversation about where it's okay for hunting and bike paths to coexist.

    There are many people in the woods in NH these days. But I think there is far less of an understanding of the rules of hunting from both hunters and non. I did not hunt growing up but have always been around firearms. We were taught how to be in the woods in fall. So were the hunters.

    Maybe this is a good reminder to all of us. Take care before pulling that trigger and be smart and wear orange if you don't want to look like game.
    Humankind has not woven the web of life.
    We are but one thread within it.
    Whatever we do to the web, we do to ourselves.
    All things are bound together.
    All things connect.
    ~ Chief Seattle, 1854 ~

  15. #15
    Senior Member
    Join Date
    Jul 2015
    Location
    Lewiston, and Biddeford Maine
    Posts
    468
    There was acase a few years ago of a woman shot and killed while sitting on her balcony. It was determined that the bullet came from a handgun fired in a range two miles away. Is that person also guilty of a crime? Accidents happen. People find a way to.kill themselves in all sorts of stupid ways. Is every death automatically the result of a criminal act? Or, is it only when someone is shot with a firearm?

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •