1. #1
    MembersZone Subscriber
    MalahatTwo7's Avatar
    Join Date
    Mar 2002
    Location
    Loco madidus effercio in rutilus effercio.
    Posts
    12,837

    Unhappy Hunting deaths pose challenge for prosecutors

    Hunting deaths pose challenge for prosecutors
    By JOHN CURRAN, Associated Press Writer

    Monday, June 15, 2009 (06-15) 11:42 PDT Wheelock, Vt. (AP)

    By the time the game warden arrived, Kevin Kadamus was sitting down and holding his 17-year-old son in his lap, a blanket covering the boy's bloodied body.

    "He was trying to talk to his son, encouraging him to hang on," Warden David Gregory said.

    Jacob Kadamus couldn't hang on. With a 12-gauge shotgun, his father had mistakenly shot him in the torso on the opening day of Vermont's turkey hunting season. He died at the scene.

    Now, Kevin Kadamus must cope with more than remorse and grief. The 45-year-old computer consultant and father of three has been charged with manslaughter.

    It's one of the most difficult decisions prosecutors must make — whether to bring criminal charges against a guilt-ridden hunter who has killed a family member. Some prosecutors take a harder line than others.

    "Everybody feels this is a tragedy, but we also have to remove emotion from the case and look at the facts," said state police Lt. J.P. Sinclair, the lead investigator. "There isn't an exemption under the law for family members being charged."

    Police say Kadamus violated a cardinal rule of hunting by not identifying his target before firing in the May 1 shooting. The boy was hit after leaving his original hunting area and crossing into his father's, police said.

    In August, a Minnesota man who killed his son while turkey hunting pleaded guilty to manslaughter and got a 30-day jail sentence and 10 years' probation. Anthony Klaseus was also ordered to perform 400 hours of community service.

    In 2003, an Ohio man who killed his 13-year-old son with an arrow pleaded guilty to negligent homicide and was sentenced to six months in jail. Alan Foster, 40, of Middletown, shot at what he thought was a deer, hitting son Jason in the chest.

    But others have been written off as accidental shootings, especially those involving two young people. In November, no charges were filed in the fatal shooting of a 15-year-old Broward County, Fla., boy shot by his 13-year-old brother while they duck hunted on Lake Okeechobee.

    "There's nothing more heart-wrenching as a prosecutor, to make a charging decision when a defendant and the victim are family members, no matter what type of offense it is," said Scott Burns, a former district attorney who heads the National District Attorneys Association.

    Caledonia County State's Attorney Lisa Warren, who is handling the Kadamus case, would not comment.

    Kadamus, who is scheduled to be arraigned July 6, faces up to 15 years in prison. He did not respond to requests for an interview, and court officials were unaware whether he has hired a lawyer yet. Authorities said he has cooperated fully in the investigation.

    Barry Latzer, a criminal law expert at the John Jay College of Criminal Justice in New York, said such shootings "are very tough cases, very gray-area cases."

    "It sounds as if it was just a pure accident," he said. "If (Jacob Kadamus) left an area where they'd agreed they'd each hunt separately and he moved into the father's area, then the father is even less blameworthy."

    But Gregory, the game warden, said he refuses to call such cases accidents.

    "There's three distinct actions that have to take place: You have to aim the firearm, take the safety off and you have to pull the trigger. None of those actions are ever accidental. The simplest way to avoid an accident is to identify your target.

    "I've never seen a 17-year-old boy who looks anything like a turkey," he said.

    Jacob Kadamus, an outgoing three-sport athlete known as Jake, was a sophomore at Lyndon Institute, a private school.

    In its first outing after his death, the baseball team played the first inning with no one in left field — Kadamus' position. Players also wore black "JK" patches on their sleeves and hung his No. 11 jersey in the dugout.

    "He was always smiling, always outgoing, cheerful, friendly," said Rick Hilton, Lyndon's headmaster.

    Kevin Kadamus coached his children in junior sports programs.

    "He's having a very, very difficult time. He's struggling. And that word is not strong enough to say how difficult this has been for him," said Paul Wheeler, Lyndon's athletic director, who spoke at the boy's funeral.

    Some in the community think Kadamus may have been punished enough already.

    Asked about the police's decision to charge Kadamus, Sheffield-Wheelock Fire Chief Marc Brown — who tried to resuscitate the boy at the scene — said: "I don't think there's anything they're going to do to him that's any worse than what he's feeling."

  2. #2
    Banned

    Join Date
    Jan 2008
    Posts
    8,677

    Default

    I have always been a proponent of charging anyone who kills another with manslaughter or murder. Hunting deaths are totally inexcusable. As a young hunter the first thing I was taught was to never point a gun at anyone (load or unloaded). Next thing I was taught was to always make sure of your target. Third thing was to make sure no one was on the other side of your target. We get the downstate (aak NYC, Westchester, NJ) wanna-be hunters up here every year. These knuckleheads are looking for the trophy. I have seen them shoot young spikehorns and leave them. They shoot first and ask questions later. This is the biggest reason I no longer hunt. Too many idiots in the woods. Any death is caused by the dangerous and irresponsible actions of another. Exceptions are obviously natural deaths.

  3. #3
    MembersZone Subscriber
    MalahatTwo7's Avatar
    Join Date
    Mar 2002
    Location
    Loco madidus effercio in rutilus effercio.
    Posts
    12,837

    Default

    As a kid I can remember my Dad and Uncles laughing because they saw farmers paint their cows bright orange and print "COW" on each side. And every year you'd hear that some farm lost a cow or maybe even several cows due to hunters, who couldnt read!
    If you don't do it RIGHT today, when will you have time to do it over? (Hall of Fame basketball player/coach John Wooden)

    "I may be slow, but my work is poor." Chief Dave Balding, MVFD

    "Its not Rocket Science. Just use a LITTLE imagination." (Me)

    Get it up. Get it on. Get it done!

    impossible solved cotidie. miracles postulo viginti - quattuor hora animadverto

    IACOJ member: Cheers, Play safe y'all.

  4. #4
    Banned

    Join Date
    Jan 2008
    Posts
    8,677

    Default

    Quote Originally Posted by MalahatTwo7 View Post
    As a kid I can remember my Dad and Uncles laughing because they saw farmers paint their cows bright orange and print "COW" on each side. And every year you'd hear that some farm lost a cow or maybe even several cows due to hunters, who couldnt read!
    Happens here all the time as well. The better one is DEC has a few mechanical deer that they set up on the sides of roads. They catch more poachers that way.

  5. #5
    MembersZone Subscriber
    EFD840's Avatar
    Join Date
    Jun 2000
    Location
    Eclectic (no, NOT electric), Alabama
    Posts
    1,510

    Default

    Hunting accidents happen, but they're very rare. A rifle round fired at game that misses and strikes someone hundreds of yards away is an accident. Incidents like this one aren't accidents.

    If you cannot see your target, you've go no business firing your weapon. The rustle in the bushes could be game, the neighbor's dog, some protected species, the last living Sasquatch, or a fellow human being. Shooting at the sound is an inexcusable act that can never be justified.

    That isn't to say that there's anything to be gained by prosecuting this man. He killed his son and must live with that the rest of his life.

  6. #6
    Forum Member

    Join Date
    Jul 2007
    Location
    Windsor, MA
    Posts
    237

    Default

    Quote Originally Posted by EFD840 View Post
    If you cannot see your target, you've go no business firing your weapon.
    Know what you are shooting at and what is beyond if you miss or the bullet passes through. If you can't do this before pulling the trigger then its time to go home.

  7. #7
    Forum Member
    scfire86's Avatar
    Join Date
    Jun 2004
    Location
    HB
    Posts
    10,219

    Default

    Quote Originally Posted by KB1OEV View Post
    Know what you are shooting at and what is beyond if you miss or the bullet passes through. If you can't do this before pulling the trigger then its time to go home.
    That's why Cheney should have been charged. Instead it was shrugged off as an innocent mistake.
    Politics is like driving. To go forward select "D", to go backward select "R."

  8. #8
    Banned

    Join Date
    Jan 2008
    Posts
    8,677

    Default

    Quote Originally Posted by EFD840 View Post
    Hunting accidents happen, but they're very rare. A rifle round fired at game that misses and strikes someone hundreds of yards away is an accident. Incidents like this one aren't accidents.

    If you cannot see your target, you've go no business firing your weapon. The rustle in the bushes could be game, the neighbor's dog, some protected species, the last living Sasquatch, or a fellow human being. Shooting at the sound is an inexcusable act that can never be justified.

    That isn't to say that there's anything to be gained by prosecuting this man. He killed his son and must live with that the rest of his life.
    We prosecute drunk drivers who do the same. This guy is no different. One of the rules of hunting is to make sure of your back stop as well. I never shot uphill where the round could continue on off into god know where.

  9. #9
    Banned

    Join Date
    Jan 2008
    Posts
    8,677

    Default

    Quote Originally Posted by scfire86 View Post
    That's why Cheney should have been charged. Instead it was shrugged off as an innocent mistake.
    I agree, same for Ted Kennedy.

  10. #10
    MembersZone Subscriber
    EFD840's Avatar
    Join Date
    Jun 2000
    Location
    Eclectic (no, NOT electric), Alabama
    Posts
    1,510

    Default

    Quote Originally Posted by ScareCrow57 View Post
    We prosecute drunk drivers who do the same. This guy is no different. One of the rules of hunting is to make sure of your back stop as well. I never shot uphill where the round could continue on off into god know where.
    On a certain level, I agree and I'm not faulting the prosecutor for filing charges. I'm glad I didn't have to make that call. There is one area where the comparison falls apart - the threat to society. We all know that the drunk driver rarely gets caught or crashes the first time they drive drunk. They'll also probably commit the offense again (even if they're never caught again). The odds of this guy ever doing the same thing again are very low.

    As far as the Cheney thing goes, SC you know full well that since nobody died there would only be a crime if the victim chose to pursue charges.

  11. #11
    Banned

    Join Date
    Jan 2008
    Posts
    8,677

    Default

    Quote Originally Posted by EFD840 View Post
    On a certain level, I agree and I'm not faulting the prosecutor for filing charges. I'm glad I didn't have to make that call. There is one area where the comparison falls apart - the threat to society. We all know that the drunk driver rarely gets caught or crashes the first time they drive drunk. They'll also probably commit the offense again (even if they're never caught again). The odds of this guy ever doing the same thing again are very low.

    As far as the Cheney thing goes, SC you know full well that since nobody died there would only be a crime if the victim chose to pursue charges.
    Well I'm sure this isn't the first time this guy fired blindly into a target. Unfortunately, there are too many of these idiots (mostly from downstate around here), they are the reason I no longer hunt. The city guys come up and shoot wildly, disrespect private property, and are simply a menace in the woods.

  12. #12
    Forum Member
    DaSharkie's Avatar
    Join Date
    Jun 2000
    Posts
    4,713

    Default

    Quote Originally Posted by ScareCrow57 View Post
    I agree, same for Ted Kennedy.
    Ted Kennedy was charged, though not for DWI or vehicular manslaughter.
    "Too many people spend money they haven't earned, to buy things they don't want, to impress people they don't like." Will Rogers

    The borrower is slave to the lender. Proverbs 22:7 - Debt free since 10/5/2009.

    "No man's life, liberty, or property are safe while the legislature is in session." - New York Judge Gideon Tucker

    "As Americans we must always remember that we all have a common enemy, an enemy that is dangerous, powerful and relentless. I refer, of course, to the federal government." - Dave Barry

    www.daveramsey.com www.clarkhoward.com www.heritage.org

Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)

Similar Threads

  1. Replies: 48
    Last Post: 02-11-2008, 01:25 PM
  2. Job hunting in AZ
    By tomschipper in forum Hiring & Employment Discussion
    Replies: 5
    Last Post: 07-03-2005, 01:30 AM
  3. Counterfeit badges pose ‘serious’ security risk
    By pengman in forum The Off Duty Forums
    Replies: 0
    Last Post: 05-11-2005, 04:23 PM
  4. Cops pose as Firefighters article
    By Chief Taylor in forum Firefighters Forum
    Replies: 272
    Last Post: 07-04-2001, 08:55 PM
  5. Free Arson for Prosecutors School
    By Daniel Hebert in forum Fire Investigation
    Replies: 0
    Last Post: 06-19-2001, 11:40 AM

Posting Permissions

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

Log in

Click here to log in or register