Saturday, December 9, 2023

Roadside hunter faces multiple charges in Warren County

ECO pulls over a truck

Recent Environmental Conservation Police News in the Adirondack Park:

Thanksgiving Deer Decoy – Warren County
On Nov. 23, Lieutenant Higgins and ECOs LaPoint and Brassard set up a deer decoy to address illegal road hunting in the town of Lake Luzerne. After a slow start, Officer Brassard observed a pickup truck driving slowly down the road toward the deer decoy. ECO LaPoint observed the vehicle stop in front of the decoy with two subjects inside. The passenger loaded his rifle, exited the vehicle, and discharged the rifle at the decoy, hitting it. Officer LaPoint ordered the subject to stop shooting and put his firearm down before he could take a second shot. Lieutenant Higgins and ECO Brassard arrived at the location to assist. The subject was issued several violations including possession of a loaded firearm in a motor vehicle and discharging a firearm from a public roadway.

To contact an ECO to report an environmental crime or to report an incident, call 1-844-DEC-ECOS for 24-hour dispatch or email (for non-urgent violations).

Photo at top: ECO Brassard conducts a roadway stop in Warren County for shooting at a deer decoy. NYS DEC photo.

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Information attributed to NYSDEC is taken from press releases and news announcements from New York State's Department of Environmental Conservation.

27 Responses

  1. Gpenrose says:

    That’s it? That’s all he gets? I believe we should be able to own and use firearms but when you are irresponsible you should not. Our gun laws are way out of whack.

  2. Dave says:

    Loaded firearm in vehicle aside, is there a distance from the center of road that the man could have traveled before discharging the rifle that would have made this legal?

    • Dana says:

      Good question. The regs only state you cannot fire FROM a vehicle or a road, and the bullet trajectory cannot cross any part of a road. 500 feet from dwellings and such, but distance FROM a road doesn’t seem to be spelled out. So next time, jump out, load your weapon, step off the road ROW, point the muzzle away from the road and you shouldn’t be breaking any laws. Doesn’t mean you may not get a talkin’ to, though.

      • Ed says:

        Wrong!!!! The law is VERY CLEAR:

        Manner of Taking

        It is illegal to take or hunt wildlife:

        while in or on a motor vehicle (except by the holder of a Non Ambulatory Hunter Permit).
        with the aid of a vehicle’s lights.
        on or from any public road or shoulder.

        The shoulder of the road is pretty easily identified.

      • Robert says:

        The general rule is the far side of the ditching of the road. At that point it was legal to shot, depending on other factors

    • Boreas says:

      Oddly, if you think about it, given modern bullet trajectory RANGES being a mile or more, firing from fairly close to a road (yet AWAY from it) is likely “safer” than hunting several hundred yards or more away from a road. The further you get away from a road, the more difficult it becomes to ensure your bullet won’t cross a road or dwelling – especially when you lose sight of the road. But sportsmanship aside, hunting from close to a road is typically frowned upon.

      Firearm safety always requires you know your bullet path is legal and safe. In some areas any direction you point a high-powered rifle could entail the trajectory passing over a road or toward a building. This is much of the reason for restrictions in some areas requiring bow/shotgun/slug use in more “populated” areas for big game.

  3. William G Ott Jr says:

    Find the butcher. Dismantle the gang.

  4. COL (R) Mark Warnecke says:

    Ok folks, this is simply a matter of safety. No one should discharge a rifle, pistol, bow, or shotgun firing a slug or buckshot, unless they are sure of the backstop (where the projectile is going to strop). In other words, you shouldn’t fire at something “sky lined” or where brush/trees or anything else screens where the projectile may travel. Period. No exceptions. I don’t care if your five feet from the edge of a road or five miles.

    Shotgun firing birdshot you should still be aware of the path of your shot pattern, the shot fall zone, and that indeed you have a safe direction of fire, but due to the short range and small size of birdshot shooting at “blue sky” is ok as long as you follow the first three rules. Bird shot falling to the ground spent is like throwing a handful of small gravel in the air.

    As for this guy, take away his firearms. Along with the idiots that shot road signs placing any number of people in danger of loss of life or sever wounds. Am as pro 2nd Amendment as they come, but not for idiots who show a blatant disregard for safe firearms handling.

    • Ballian the Cat says:

      Colonel Warnecke, having read many of your comments I will tell you in all transparency that we probably live on opposing ends of the spectrum on a variety of issues. Having said that, your consistent application of common sense is a quality I admire and strive to replicate. Voices like yours encourage me to move toward the middle in the hope of finding common ground. I will continue to hope, sir, that it is not too late.

    • Robert says:

      You can’t take the gun. It’s only an unclassified misdemeanor and the DEC will settle it with a civil compromise anyway, so no criminal conviction.

  5. Bill Keller says:

    Road hunting isn’t hunting. Shooting at a robotic deer, too funny. Points for hitting the decoy.

    • Saratogaboy says:

      I have to question whether tempting someone into breaking the law is a wise use of our tax money.

      • Bill Keller says:

        Likely to lose his hunting privilege and the rifle. Keeps the yahoo out of the woods, probably takes “sound shots” too. Wise use of our tax dollars, that’s revenue generation at it’s best.

  6. JT says:

    The article does not mention if the decoy was on private property or state land. If private property, that’s a violation, hunting without permission. I just cannot believe how stupid some people are. You see this stuff in the news or TV shows all the time. If you see a big trophy buck from the road, stop your vehicle, get out, load your rifle and the deer does not run away, it is probably a NYSDEC decoy.

  7. JohnL says:

    A. I’m a hunter and 2A advocate all the way.
    B. I would never do something like this and I think anyone that is spotted doing it should be prosecuted to the fullest extent of the law.
    C. In this particular situation, I’m not sure setting it up to deliberately induce someone to do an UNSAFE act is the way to go. Example: What if, in the loading of his rifle in the car, it discharges and hits his hunting partner. Would that hunting partner (or surviving family members) have cause to sue New York State for ‘setting up’ the dangerous situation. I’m not a legal mind. Just wondering!

    • Boreas says:

      A valid point. I would like to see the lawsuit that would likely be brought involving unlikely death or injury of the perpetrator in an entrapment situation as this.

      I understand poaching of geese is sometimes done from vehicles as well.

    • Robert says:

      The answer in NY is no you would not be successful if you tried to sue. You were a party to the crime.

      • JohnL says:

        Even if his hunting partner was basically an innocent bystander who just thought his buddy was stopping to go pottie?

        • Robert says:

          Like sure, You are driving to your hunting spot with your buddy. He see’s a buck, says stop and you stop. You just committed the first overt act.

          • JohnL says:

            Just asking questions. Actually, I’d love to be on the jury that decides that question. Would be very complex and interesting. Thanks Robert.

  8. BigRik says:

    Good get these road hunters, i have had a spotlight shining on me to many times this year just walking out from an evening hunt. A lot of new York is to populated for rifles ,i have a bullet in the side of my house to prove it

  9. Howard John Carswell says:

    Meat is murder but I do love a good steak

  10. Ed says:

    Nothing worse than a privileged hunter who thinks he can break the law to harvest an animal. These idiots should lose their hunting licenses for life.

  11. Dorgan says:

    He got out of the truck, what’s the problem

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