Brian L. Heinrichsen, 65, killed after accidentally shooting himself with .454 caliber Casull pistol at the start of a moose hunt north of Amanka Lake. AST says Heinrichsen lives in Puyallup, Washington.
KDLG: A fly-out moose hunting trip ended in tragedy Friday when Brian Leslie Heinrichsen, 65, accidentally shot himself in the chest while pulling a large caliber pistol from a shoulder holster, according to Alaska State Troopers.
Heinrichsen and his hunting partner had arrived at a small, remote lake approximately eight miles north of Amanka Lake that day, and may have still been unpacking their gear, said AST Sgt. Luis Nieves. The victim has hunted in the area before, and he and his hunting partner were lifelong buddies, he said.
The partner, not named by authorities, used a satellite phone to call for help, but the victim was the one who had more experience and apparently also the numbers to call, including for their air taxi Tikchik Airventures. The man called the only number he could find, which was for concierge service on the back of an Alaska Airlines credit card. According to AST, an Alaska Airlines service operator was able to contact the Dillingham dispatcher and Tikchik Airventures to report the incident.
Rick Grant from Tikchik Airventures quickly took state troopers to the scene. According to the investigation, Heinrichsen was likely pulling a .454 Casull pistol from a shoulder holster when he accidentally fired a round into the left side of his chest. The gunshot ended his life within moments, said AST. The .454 Casull is larger and more powerful than the .44 Magnum, and is carried by some hunters for self-defense against bears.
His body was recovered from the scene and flown back to Dillingham, where it was transported to Anchorage for an autopsy.
AST said Heinrichsen listed Hoonah as his address, but contacted his next of kin in Puyallup, Washington, where they believe he now resides.
A trio of hunters who attempted to erect a newly purchased, floor model deer stand sold without a manual failed to seek out instructions on its use. When it began to fall as one climbed up, he leaped off and shattered his leg.
A federal jury agreed that one of two defendants was negligent in causing an accident that left a hunter with a shattered leg after a fall from an improperly erected deer stand, but decided the injured man assumed the risk of climbing it and awarded him nothing.
Hall Booth Smith partner Jeffery Saxby, who with associate Wayne Satterfield represented the company that sold the 16-foot stand to the retailer, said the last plaintiff’s demand to settle the case before trial was for $750,000.
The only defense offer to settle was for $2,000 or $2,500 in 2015, said Lewis Brisbois Bisgaard & Smith partner Brantley Rowlen, who represented the retailer along with associate V. Ashley Waller.
Plaintiffs attorney Steven Pickens of Lawrenceville’s Mahaffey Pickens Tucker said he will file an appeal.
“We thought we presented a compelling case and that it might go our way,” said Pickens in an email. “Mr. Rowlen and Mr. Saxby are both skilled advocates and did excellent jobs for their clients.”
According to the lawyers and trial documents, plaintiff Daniel Roberts and two friends were hunting one weekend in North Georgia and decided to go buy another deer stand.
One of the men, Lee Summey, went to the Tractor Supply Co. in Chatsworth, but they only had a display model left.
Summey bought the display stand, which did not have a box, manual or other instructions and returned to his friends in the woods.
“Summey told them he didn’t have the manual,” said Saxby. “They went ahead and completed the assembly the way they thought was correct.”
The stand included two “criss-cross” nylon straps that were supposed to be used to secure it to a tree, but the men didn’t know how to attach them, he said.
“They used one as a brace and left the other off completely,” he said.
The trio raised the stand against a tree with one holding the ladder and the other holding a stabilizer bar while Roberts climbed up.
“When he got past a certain point, the top of the stand began to pull away from the tree,” said Saxby. “Our plaintiff jumped off—probably about 8 feet off the ground—and shattered the bones in one leg.”
According to his filings, the bones in Roberts’ right leg snapped below the knee and “tore through his skin.”
Roberts, whom Saxby said is in his 40s, underwent two surgeries, was out of work for three months and is likely to need another surgery to remove the hardware.
There was no evidence alcohol was involved, Saxby said.
Roberts filed negligence claims in 2014 in U.S. District Court for the Northern District of Georgia against Tractor Supply Co. and New Buffalo Corp., which imported the tree stand and sold it to the store.
Trial began Feb. 20 before Judge Richard Story.
According to plaintiff’s pleadings, New Buffalo was negligent in marketing a product when it knew the instruction manual might be lost and for not having the straps affixed to the top of the stand.
Tractor Supply was accused of negligently selling the stand without the instructions or warning that the straps had to be affixed to the stand to prevent an accident.
Defense pleadings say New Buffalo simply imported the stand and sold it and had nothing to do with its design or manufacture.
Tractor Supply argued the instruction manual was easily available on its website and noted that—two weeks after the accident—Summey and the other man watched a demonstration on YouTube and were able to assemble and use the stand without any problem.
The retailer also said Roberts ignored warning labels affixed to the tree stand instructing users to follow the assembly instructions.
Both defendants argued Roberts assumed the risk of climbing the tree stand and was responsible for his own injuries.
The plaintiffs brought in Marietta accident investigation specialist Jeff Hyatt to testify, Saxby said.
“Even he testified that, if used in accordance with the manual, the stand is fit for use,” he said.
The defense did not call any experts to testify, he said.
Rowan said the defendants were essentially united at trial.
“It was pretty cordial,” he said. “The plaintiffs had a manufacturing defect claim they abandoned midtrial, so that made it straight negligence for both of us. But there wasn’t any finger-pointing; everybody was pretty united in the knowledge that, when these gentlemen took on this project, they assumed the risk.”
Saxby said Roberts claimed damages for roughly $124,000, which included about $90,000 in past medical bills, plus additional funds for the expected future surgery, and $24,000 in lost wages.
At closing, he said, Pickens didn’t ask for a particular figure but “sort of hinted around $2 million in damages and pain and suffering.”
After a weeklong trial, the jury took about six hours to deliver a defense verdict.
The jury foreman told Saxby they decided about 15 minutes into deliberations that his client, the importer, had no liability.
“They found that Tractor Supply was negligent but that Roberts had assumed the risk of injury,” he said.
On Sunday, El Dorado police responded to an area by Forest Lane and Mount Holly Road regarding an accidental shooting involving three people. Officers were escorted down a trail in the wooded area to find Thomas Browning, 48, lying on the ground.
Emergency medical services were called and Browning was pronounced dead at the scene.
Browning and two other people, including his son, were reportedly hog hunting in the area. All evidence shows it to be an accident. The Arkansas Game and Fish Commission was notified because it was a hunting accident, said Police Chief Billy White.
“It’s not against the law to hunt in city limits, though we do discourage it,” White said.
According to the Arkansas Game and Fish Commission 2017-2018 Hunting Guidebook, “it is not legal to point, aim or shoot a firearm or archery equipment across, from or within 100 ft. of the centerline of any city, county, state or federally maintained road.”
Also according to the guidebook, feral hogs are not considered wildlife or a game species, but rather a public nuisance.
On private land, feral hogs may be killed or trapped year-round with any method, by a landowner or anyone with the landowner’s permission. On public land, feral hogs may be killed by hunters who are hunting bear, deer or elk during a firearm season with weapons legal for those seasons.
“It is unlawful for persons to fail to immediately report a hunting or trapping related incident involving personal injury above basic first-aid treatment to the Arkansas Game and Fish Commission so an investigation may be conducted,” the guidebook states.
If an incident does occur, it should be reported as soon as possible. To report hunting related incidents, call 800-482-9262.
Brian L. Heinrichsen, 65, killed after accidentally shooting himself with .454 caliber Casull pistol at the start of a moose hunt north of Amanka Lake. AST says Heinrichsen lives in Puyallup, Washington.
KDLG: A fly-out moose hunting trip ended in tragedy Friday when Brian Leslie Heinrichsen, 65, accidentally shot himself in the chest while pulling a large caliber pistol from a shoulder holster, according to Alaska State Troopers.
Heinrichsen and his hunting partner had arrived at a small, remote lake approximately eight miles north of Amanka Lake that day, and may have still been unpacking their gear, said AST Sgt. Luis Nieves. The victim has hunted in the area before, and he and his hunting partner were lifelong buddies, he said.
The partner, not named by authorities, used a satellite phone to call for help, but the victim was the one who had more experience and apparently also the numbers to call, including for their air taxi Tikchik Airventures. The man called the only number he could find, which was for concierge service on the back of an Alaska Airlines credit card. According to AST, an Alaska Airlines service operator was able to contact the Dillingham dispatcher and Tikchik Airventures to report the incident.
Rick Grant from Tikchik Airventures quickly took state troopers to the scene. According to the investigation, Heinrichsen was likely pulling a .454 Casull pistol from a shoulder holster when he accidentally fired a round into the left side of his chest. The gunshot ended his life within moments, said AST. The .454 Casull is larger and more powerful than the .44 Magnum, and is carried by some hunters for self-defense against bears.
His body was recovered from the scene and flown back to Dillingham, where it was transported to Anchorage for an autopsy.
AST said Heinrichsen listed Hoonah as his address, but contacted his next of kin in Puyallup, Washington, where they believe he now resides.
On Saturday, Feb. 24, at 3:15 pm, the Marion County Sheriff’s Department received a 911 call involving a shooting which had occurred on U.S. 24 near the U.S. 36 interchange. Deputies arrived on scene, along with members of the Missouri State Highway Patrol, Ralls County Sheriff’s Department, Center Police Department, Marion Country Ambulance District and the Palmyra Fire Department.
The deputies identified a man who suffered a gunshot wound during a hunting incident. He was treated on the scene by medical personal and then transported by Marion County Ambulance to Hannibal Regional Hospital.
He was identified as Justin A. Tobias, 27, of Palmyra. He was pronounced deceased at 4:08 p.m. Feb. 24, by the Marion County coroner at Hannibal Regional Hospital. No other injuries were reported.
The Marion County Sheriff’s Department was working in conjunction with the Missouri Department of Conservation in investigation of the incident and reported it is believed the incident was accidental and no criminal charges are being sought. This investigation will continue and more information will be released as it becomes available.
IPOH: A bird hunting trip had gone awry for four hunters in Gerik when one of them shot and killed 24-year-old Mohamad Haniff Mat Zabidi after mistaking him for a deer.
The incident happened at a spot in the forest near the Bintang Hijau rest area along Jalan Kupang, Gerik last Sunday (Feb 18), but Mohamad Haniff’s body was discovered on Thursday (Feb 22) afternoon.
Perak Criminal Investigation Department chief Senior Asst Comm Yahya Abd Rahman said the deceased had gone hunting with his three friends using homemade shotguns.
“During the hunt, the four decided to split up. One of them fired a shot thinking it was a deer and killed Mohamad Haniff on the spot,” he said.
SAC Yahya said a special team from the Criminal Investigation Department was set up to investigate the case.
He added that they picked up the three suspects – two in their 20s and a 65-year-old man – at 9.30am on Friday (Feb 23) and said that the 65-year-old man has a firearms licence.
Earlier, Gerik OCPD Supt Ismail Che Isa said the body was discovered lying on its back.
“His family members said they last saw him on Sunday when he told them he was going hunting,” he said, adding that the body had been sent to the Raja Permaisuri Bainun Hospital here for a post-mortem.
The three hunters have been remanded for five days until Feb 27 to assist in investigations under Section 302 of the Penal Code for murder.
A manslaughter charge was dismissed this week against a Sherman man who shot and killed his neighbor in a hunting accident in November.
In a four-page ruling, Chautauqua County Court Judge David Foley said the District Attorney’s Office erred when it presented its case in front of a grand jury against Thomas Jadlowski in the death of Rosemary Billquist. Specifically, Foley said District Attorney Patrick Swanson failed to answer a question of a grand juror regarding a lesser charge against the Sherman man.
Jadlowski was indicted by the grand jury on charges of second-degree manslaughter and hunting after dark.
Swanson said he did not agree with Foley’s ruling
“It’s a decision I disagree with,” Swanson told The Post-Journal. “There were some legal hyper-technicalities that I don’t agree with. At this point we have to decide whether to appeal the decision or bring it back to the grand jury.”
However, Swanson said appealing the decision to an appellate court presents “logistical issues” as rulings could take several months. He said his office has 30 days to re-submit the case to another grand jury.
“We have to decide what’s best moving forward,” Swanson said. “The reality is the appeal would take a lot longer, and there are resources that have to be considered.”
According to Foley, the issue began after Swanson gave the grand jury instructions on second-degree manslaughter. A juror asked the district attorney, “What is the next step down? Manslaughter three, if there is such a thing?”
Swanson replied: “The next step down is criminally negligent homicide.”
The district attorney paused before continuing, “I’m going to ask for your consideration on manslaughter second. And I may be back in to ask you to consider on criminally negligent, but I’m asking you to consider manslaughter second first.”
In his ruling, obtained by The Post-Journal, Foley said Swanson should have instructed the grand jury regarding the lesser charge. The judge did note, however, that there was enough evidence to support the original indictment.
“It was clear from the above referenced exchange that the grand jury had an interest, or at least being instructed on, a lesser degree of homicide,” Foley wrote. “It is the opinion of the court that the district attorney, as the grand jury’s legal advisor, had an obligation to answer their questions accurately and to comply with their request, by instructing them on criminal negligent homicide.”
The decision comes not long after an August trial date had been set for Jadlowski, who is being represented by Dunkirk attorney Michael Cerrie. Jadlowski told police he thought he saw a deer Nov. 22 when he fired a single shot, striking Billquist.
Billquist was rushed to an Erie, Pa., hospital where she was later pronounced dead.
Swanson said he spoke to Billquist’s family Thursday evening after learning of Foley’s decision. He said he will thoroughly review his options before moving forward.
“Judge Foley found we had sufficient evidence for the indictment,” Swanson said. “This was a hyper-technicality that we should have discussed the lesser offense.”
“This is part of the system,” he continued. “We are still learning our new court.”
ALEXANDER COUNTY, N.C. – A hunter using a coyote caller was shot and killed by a neighbor who mistook him for a coyote Monday in Alexander County, officials said.
Deputies said the victim, Seth Marsh, was in a wooded area along Ed Burgess Road near Highway 16, just north of Taylorsville, when he was shot with an AR-15.
(Seth Marsh)
Officials said Marsh was using an electronic coyote caller and set up on the ground near a tree when a neighbor heard the caller and fired two rounds at what he believed was a coyote, striking Marsh twice in the chest.
Authorities said the neighbor immediately ran over to help Marsh and called 911.
Marsh died a short time later at a hospital in Wilkes County.
Officials said Marsh was wearing camouflage when he was shot. Authorities said he was also wearing an orange hat, but a hooded sweatshirt was covering it.
Investigators seized the neighbor’s weapon and returned to the location of the shooting Tuesday to canvas the area with metal detectors.
Wildlife officers said the accidental shooting is a reminder about the importance of gun safety.
“Whenever you point a weapon and pull that trigger, know where that bullet is going before you aim and shoot,” Sheriff Chris Bowman said.
“We’re looking at, ‘Did the suspect identify the target, or did he just shoot at movement?'” Chad Starbuck, with the North Carolina Wildlife Resources Commission, said.
Deputies said Marsh, a father of two young children, was a preacher at a church in the northern part of the county.
“It’s sad to say that he will not see his little boy play sports or get to see his daughter walk down the aisle one day,” church member Coy Pearson said.
Deputies said they are hoping to wrap up the investigation by Wednesday and meet with the district attorney to determine if any charges are warranted in the case.
The two men were out hunting with rifles when the incident happened (photo for illustration only)
A man in his late 60s has been shot dead during a wild boar hunt gone wrong near Toulon in the Var.
The man, who lived in the Toulouse area and was reportedly taking part in the hunt at Solliès-Ville, received a bullet to the chest the morning of Saturday February 17, according to the prosecutor of the République, Bernard Marchal, speaking to local newspaper Var-Matin.
Another man who was also taking part in the hunt has been taken into custody for investigation after the incident, but no-one has yet been charged, and the sequence of events is yet to be confirmed.
According to early reports from the gendarmerie de La-Valette-du-Var, one of the hunters fired three shots at a boar, apparently without hitting it, from his position in a watchtower to one side of the hunting area.
Wanting to warn his hunting mate, who was reportedly stationed in another watchtower a few hundred metres away, the man called out but heard no reply, and so went to look for him.
He then reportedly found the man lying on the ground, with his rifle at his side.
The shooter, another man in his 60s, was taken into custody but released a day later, and claims that he only ever shot at the “defined angles” allowed in the hunting area.
Investigators are this morning (Sunday February 18) set to use lasers to research the angles of the shots made, alongside research on the ground next to the dead man’s watchtower, in an attempt to judge how he fell, as well as find the bullet that killed him.
An autopsy on the dead man is expected early next week.
The man’s death is only the latest in a number of tragedies seen during animal hunts in recent months; in September 2017, a 13-year-old boy was accidentally shot dead by his grandfather on a hunting trip, and a 57-year-old man was killed on a hunt in the Alpes-Maritimes, while in November, a man who acted as a hunt beater – helping to flush out stag for others to hunt – was gored by a young stag.
Jeffrey Saxby, Hall Booth Smith
Exposing the Big Game 