14yr old shot in Aitkin Cty. Mistaken for a deer by 45yr old man.

[volksdriver]

Reading this is hard.....my thoughts and prayers ..... I have to agree with Powerstroke..... the man who pulled the trigger made a terrible mistake, one he also has to relive many times....he will pay the lawful price for his actions, let's hope he also can deal with the mental anguish of his actions. To the family and the hunter, truly sorry to hear of this accident.

[Craig_S]

I did a college project on hunting accidents. A remarkable amount are simply considered accidents with no charges or consequences. I firmly believe each and every hunting accident involves negligence by the shooter. And where a death results, negligent homicide is probably the best fit. A negligent act is a negligent act. A homicide is a homicide. If the law was used in this way, I think some in-attentive hunters would make certain of their target. Control the muzzle. Treat the gun as always loaded.

The whole affair is too sad for words. I pray for them all. And I too hope every hunter reads this story in detail and takes home all the lessons that can be learned.

1. Be sure of your target and beyond.

2. Always have control of your muzzle.

3. Treat every gun as if it were loaded.

I can't imagine a scenario where if all three of the above rules of gun safety were strictly followed an accident could occur. I recite them with my son every time we uncase a weapon.

Craig

[DTro]

Hat or no hat, how can you not see any orange?

It just doesn't make sense.

Do people really shoot at a blotch in the brush?

I was always taught, if your not sure that it's not a fatal shot, don't shoot.

I haven't hunted in a few years, because I would rather not be hunting public land. This just solidifies it.

By the way, the "shooter" was a friend of the victims father.

I agree that the shooter shouldn't be bashed, I'm sure he's having a hard time with it, however, let's not play the "it's nobody fault" game that seems to be so popular these days.

He screwed up and he screwed up big time. He needs to be held accountable and face the punishment.

[onthefly]

dtro and those before said it perfectly. This is pure negligence. Never would I imagine shooting at something that I could not see plainly as a deer.

This person must be punished. I understand that people make mistakes and this person must live with what he did. But, the fact that a 14 year old kid's life was taken by someone who couldn't verify their target is just inexcusable.

How does that happen?

[harvey lee]

No excuse for it at all.This gives hunters a very bad name.

[Coach1310]

Unbelievably tragic situation. Hating the shooter and saying you hope he spends the rest of his life in jail, won't keep this from happening again. Preach good hunting ethics. Make a point to help at your local Firearms Safety Course-especially the field day- about everything this guy didn't do. Identify your target, make sure of you target, know the area behind and to the side of your target, make sure you have a clear shot at a stationary target...etc... I could go on and on. What happened is terrible and the shooter should suffer some sort of consequences. However, don't just say he belongs behind bars forever. Let's help educate all hunters and do the best we can to prevent such things from happening again.

[Craig_S]

I didn't see anyone say they wished this guy would spend the rest of his life behind bars. I certainly didn't. But if the facts are true, a rule of gun safety was violated. Be sure of your target and beyond. I believe that is negligent. A homicide resulted. The penalty is up to the judge.

I see a real problem with wishing away hunting accidents because hunters are of a big fraternity. We are, but that will never excuse negligence. And most of us never know who is hunting next to us. I do feel great sorrow for the shooter. But, in my opinion, a judge needs to determine if he is responsible.

Craig

[Powerstroke]

I do agree that charges are necessary in this and all negligence cases. I don't remember the couple cases that happened last year, but I know that there were a couple that happened and there were not charges filed. It is true that negligence is negligence and no matter how accidental or tragic there should be time served with community service teaching and speaking for hunter safety.

[Boar]

A truly tragic, madding an sad outcome i pray for both families. There is no excuse for neglegence. Both families have been forever changed. One family grieves for the loss of son, brother, grandson. Another family looses part of a man that will never be the same. That man will probebly never pick up a gun again, a good thing? maybe so. He has to spend the rest of his natural life living with the choice he made. If he dosent end it himself. Ridicule, fingerpointing, whispers, confrontation, hatred. It was a terrible terrible accident. He dose need to be accountable for his actions. I pray for the boy that he may find peace with Christ, for his family, that Christ take away their burden of pain an suffering. And for the 45 year old man that he an his family find the strength through Christ to wake up every day deal with the regret of pulling the trigger. I also pray for all of us hunters out there that we take that extra caution each time we enter the woods, that we as hunters share an teach an except advise from others to hopefully avoid such outcomes, cause once you pull the trigger you cant take the bullet back. Boar

[klw]

Quote:

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What a Waste. One life lost and one life ruined! This seems to happen every year.

I don't know if it could ever be passed, but what if everyone wore a headlamp greenlight like they came out with this year if they we're moving about during lowlight hours. Before sunrise, and if your moving when it's getting late. Very few people would make the mistake of shooting at something with a light on it.

They say these lights don't scare deer. I think I'm going to start doing this, and in the future when my son is old enough to hunt with me we will both wear them.

Ryan

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One life lost and countless lives ruined

[MinnesotaMuskie]

I never have used these lights. Quit frankly I have avoided using my flashlight in the mornings...on the way out in the evenings...I have not used a light unless I was tracking.

As stated earlier I hunt with my three sons...I believe we will change our standard operating procedure. We will use these lights...I am not debating or looking for opinions...just a personal choice we have made as a result of this tragedy.

'nuff said...

[walleyeaddict]

our thoughts go out too all involved.

[Bassboy1645]

Its a shame......I can count the number of times on 2 hands where ive passed on game becasue i was in doubt of what it was.....Was the shooter using a scope on his rifle?? A scope collects light and makes your target more visible......also look at your orange next time towards dark. It just glows and shimmers....Was the shooter huntign under pine trees?? Ever notice how much darker it is in pines than in a feild or powerline?? There is no excuse for an accident such as this but just some points to ponder. Poor Light, Iron sights (if used) Make it harder to Id your target. If you cant Id your target through A good Binocs And especailly if its hard to see through a scope it is well past hours....Just my 2 cents from experience.

[CodyDawg]

I teach my firearm safety classes the old adage "aim small, miss small". I teach them to pick a spot 1 to 2-inches behind the front leg, 1/3 of the way up from the bottom. Exactly. Pick an exact spot and then pull the trigger. But you cannot do that if you cannot identify the direction of the deer, the front leg, the top and bottom of the deer, etc. People talk about identifying your target, but I feel it is much more than that. Identifying it as a deer is obviously step one, but there is much more to it.

Another thing is that people these days do not need to identify buck or doe. For the most part, they can shoot either. Thus if someone is of the "if its brown its down" mentality, SOME people may rush to pull that trigger (not everyone). If this guy had to shoot a buck, would he have been as quick to shoot? I guess we will never know, but maybe not.

One last thought. As a hunting community, I think we are too hung up on rack scores and limiting out. Next time someone asks how you did, try and answer by just stating you had a fantastic hunt, the weather was great, we harvested some deer, ducks, roosters, whatever, but downplay the numbers a little. To many people, it is a status thing to "limit out" or to shoot a 10 pointer. Obviously this guy was quick to pull the trigger....why was he quick to pull the trigger and how can we address that as hunters. Just stating "identify your target" is great, but I dont think that changes the mindset of a lot of the hunters out there.

[BLACKJACK]

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I don't know if it could ever be passed, but what if everyone wore a headlamp greenlight like they came out with this year if they we're moving about during lowlight hours. Before sunrise, and if your moving when it's getting late. Very few people would make the mistake of shooting at something with a light on it.

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We don't need more laws passed just because of one accident. That knee-jerk reaction to pass more laws to protect people just because of one accident is a waste of tax payer time and effort. Seat belt laws are one example. If people are dumb enough and lazy enough not to use seatbelts, so be it, let them weed out the gene pool.

I personally have used a flashlight for years walking to and from my stand during slug hunting, after reading about several instances of people getting shot walking to and from their stands. Terrible tragedies yes, but let’s not jump at knee jerk fixes. If you're so concerned about scaring deer that you don't use a flashlight, thats up to you.

Back to this accident, it’s clearly a case of 'buck fever'. People get so wound up during deer hunting that they do stupid things, and 'imagine' that they see deer when they really don't. A terrible tragedy for all concerned.

[almostthere!]

People should just stop shooting long distance after sun down. I know twilight is the best time for bucks; but on public land, if it is not under your stand, give up the shot.

[CANOPY SAM]

There are so many good thoughts and condolences here. We are all obviously of the same mind when it comes to safety when in the field.

Incidents like this always make me ask why was the gun pointed in that direction in the first place? Personally, I don't even raise my gun unless I can see my target, and I'd guess, if most of you think about it, neither do you.

I mean honestly, how many times do you have your gun shouldered and aiming at a target if you don't see it, or know that it's coming?

While hunting central North Dakota for deer this fall my hunting partner was crossing a stretch of CRP when a truckfull of hunters stopped at the edge of the road nearby (about 300 yards), one jumped out and used his rifle scope to "look at" my friend. This is illegal. It's called "careless use of a firearm".

I often wonder if these incidents aren't precipitated by careless individuals simply watching people through the scope of the gun, and accidently touching off a shot while doing so. I've personally witnessed many guys aiming their guns at things just to look at them - NOT WITHOUT A STERN REPRIMAND AFTERWARD! I know of one case where a man was shot and killed off the back of a moving 4-wheeler carrying two men dressed in full blaze orange. The shooter said he thought it was a moose! Whatever! No charges filed!

I strongly feel that every hunter that is currently, or is ever going to carry a high-powered weapon for the purpose of hunting wild game should first pass a field test requiring the ability to hit a deer sized target at 50 yds. in at least 2 out of 3 attempts. I know that this would never pass, but when there are multiple accidental killings EVERY YEAR something should be done.

My heartfelt thoughts and prayers go out to both the families shrouded in this terrible tragedy.

[Duck Matt]

The guy was drinking and fired at sounds!! Hang um

From the Star Trib

AITKIN, MINN. - The man accused of killing a Buffalo, Minn., teenager said that he shot twice after detecting sounds and movements that led him to believe he was taking aim at a deer, according to criminal charges filed today in Aitkin County against another hunter.

Steve Ferguson, 45, of Maplewood, was charged today with second-degree manslaughter in the death Saturday of Brandon Lanie, 14.

After shooting Lanie, the complaint said, Ferguson called police and waited at the scene. When sheriff's deputies arrived, Ferguson told them that he had shot Lanie in the head.

According to the complaint:

Ferguson said he was in a tree stand 15 feet up, heard the crunch of leaves, heard movement and saw something brown. He shot twice, then hollered to another in the hunting party that his aim was true.

After descending the stand, he came upon the body and realized that he had shot Brandon.

The charges say Brandon was wearing blaze orange hunting pants and coat, and a baseball-style cap.

According to County Sheriff Scott Turner, Lanie was walking through the woods just before 5 p.m. when Ferguson shot Lanie once in the head with his rifle. He was pronounced dead at the scene north of Mille Lacs Lake near Wealthwood Township in the southern part of the county.

Bail for Ferguson was set at $20,000 bond or $2,000 cash after prosecutor Lisa Rakotz in a hearing today noted Ferguson's previous drunken-driving convictions and her belief that Ferguson had been drinking that day in violation of a restriction on his driver's license.

Along with setting bail, Judge John Leitner ruled that Ferguson must stay in Minnesota, have no contact with Brandon's family, not consume alcohol or illegal drugs, not be anyplace where alcohol is served, submit to random alcohol testing, and not hunt or use firearms.

Defense attorney Ryan Garry had asked for no bail, saying his client was not a flight risk, has lived in his current home for 15 years, has no warrants for his arrest and no history of violent crimes.

Ferguson, wearing jail garb and handcuffs, said nothing at his hearing.

Speaking for his client, Garry said, the shooting was a "horrific, tragic accident" and Ferguson sends "his deepest regards and sympathy" to Brandon's family.

Lanie had been spending the weekend in the county at his father's new cabin.

A memorial fund in honor of Lanie will be set up at Buffalo's Klein Bank.

From 4-8 p.m. Thursday, a visitation service will be held in Buffalo at Peterson Chapel Funeral Home, 119 N. Central Av. The funeral service is at 11 a.m. Friday at St. John's Lutheran Church in Buffalo, 302 NE. 2nd St.

[Dave S]

I'm infuriated after reading this. This guy, IMHO, should be locked up for life. 2nd degree manslaughter is not enough of a charge for someone who was allegedly drinking prior to committing the crime.

Not to take blame from the shooter in this case, but correct me if I'm wrong, don't the regualtions state that anyone under the age of 16 must be accompanied by an adult while hunting? If this is true, there should have been adult in blaze orange with Brandon at the time of the shooting. From all of the stories, it sounds as if he was walking alone.

My thoughts are with Brandon and his family.

[Hines R]

I personally don't think it matters because you have to define what being accompanied by an adult would mean. My basic understanding would be standing alongside helping make the decisions. In this instance I would argue that someone who had been drinking that day and shot 2 shots at sound and movement would've done the same thing if their had been 2 people their as well.

However, according to state regulations you are incorrect. According to the regulations Page 38 as numbered in the book. 14 and 15 year olds do not need to be accompanied by a parent or legal guardian. 13 year olds and under "Must be accompanied by a parent or legal guardian" This is denoted by a single asterisk next to the license requirement.

My thoughts and prayers are with this little boy and his family.

Ryan

[Eric Wettschreck]

This is an incredibly unfortunate incident, for all the parties involved. One life lost and so many lives ruined.

Having said that let's not forget that this is America and more than one young man has passed to make sure that when, and I quote, someone who was allegedly drinking prior to committing the crime. isn't immediately strung up fron the highest tree in the forest to hang until dead.

Let's feel bad for everyone involved and save the judiciary process to those appointed to do so. Alleged means just that, alleged.

[Dave S]

Hines R,

thanks for the reply. My firewall at work doesn't allow PDF downloads so I couldn't get into the reg's at the time of my post.

[Powerstroke]

Thank you for yuour comment boilerguy. Nowhere does it say that he was drinking. It says that the prosecuter accused him of drinking that day. The truth will come out and we should leave it at that. COmments like those from Duck Matt do nothing to help and only serve to be inflammatory.

[doser]

The thing that really tees me off is I've seen this story on about three different news stations and they all seem to emphasis that the boy was wearing a camo hat.....as if that played a role. Give me a break ! The story does make me sick especially after having two kids of my own. I saw them interview the mother on TV and she had to be heavily medicated because she didn't seemed too broke up or she and her husband had to be in alot of shock. That is another thing the pees me off. Leave the family alone for crying out loud!!!!!

[jigging-matt]

doser, I agree with you 100 percent. I hate seeing the poor families on the news. It is a sad story, but to make the poor parents go on tv and talk about it right after it happens is ridiculous. Sometimes the media needs to worry about getting it right instead of getting it first.