Game Warden Cleared in Turkey Hunter Shooting

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simonkenton

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myfox8.com
A wildlife officer who shot and killed a hunter on the first day of turkey season in Wilkes County acted reasonably and appropriately and will not face criminal prosecution, the county District Attorney's office said Thursday.

Clyde Coffey, 76, died April 11 when Wildlife Resource Commission officer Mark Minton shot him the chest behind Coffey's cabin in the McGrady community. Minton was a 12-year veteran of the commission.

After an investigation by the State Bureau of Investigation, the Wilkes County DA office determined MInton acted reasonably and appropriately to the perceived use or imminent use of deadly physical force by Coffey. As a result, the office will not criminally prosecute Minton.

According to the DA, Minton was investigating potential hunting violations in the Cane Creek Rd. area of Wilkes County when he encountered Coffey on the first day of the turkey hunting season. According to the SBI report, Minton discovered someone was potentially baiting turkeys on Coffey's property and went there to determine if anyone was illegally hunting turkey over this baited area.

Minton initially encountered Larry Dean Helton, Coffey's son-in-law, in a tree stand at one location of Coffey's property. According to statements from Minton, he then proceeded down the mountain on foot to a second tree stand where Coffey was hunting.

Minton said he identified himself as a game warden, but had difficulty getting Coffey's attention. Eventually, Coffey stood up and demanded Minton leave his property.

The officer said Coffey continued to disobey commands, causing Minton to radio for assistance to other officers who were several miles away. Before they arrived, Coffey came down from the tree stand with his gun in his hand, despite Minton's request for him to leave the weapon in the tree stand.

According to Minton, Coffey advanced toward the officer with his weapon in a "low ready" position and pointed it directly at the officer. Minton retreated up the hill, with Coffey following.

When Minton thought Coffey was going to shoot, he drew his commission-issued weapon and fired one round, hitting the hunter in the chest. Minton then radioed for help and attempted CPR on Coffey.

In the course of the investigation, SBI agents found turkey bait on the property that was consistent with bait found at Coffey's home. Agents also determined Coffey suffered from hearing loss and was acting out of character.
 
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Original story:

http://www.myfox8.com/wghp-hunter-ki...,4986126.story

April 12, 2009
MCGRADY, N.C. - A wildlife official said a veteran game warden acted in self defense when he shot and killed a hunter on the hunter's property Saturday, the first day of turkey season.

Wildlife Resources officers told FOX8 News officer Mark Minton shot Clyde Coffey around 7:30 a.m. on Coffey's property north of North Wilkesboro. Minton is a 12-year veteran of the force.

Friends and family described Clyde Coffey, 76, as a "teddy bear of man." His daughter, Debbie Robbins, said Coffey often came to his house on Cane Creek Church Rd. to hunt on the hill behind his property. Saturday's hunting trip was with Coffey's son-in-law and two grandchildren.

"Officer Minton, a 12-year-veteran of the Law Enforcement Division of the N.C. Wildlife Resources Commission, was on patrol on the opening day of the 2009 spring wild turkey season in North Carolina. An armed confrontation with a hunter resulted in Officer Minton firing a shot, apparently in self-defense, which led to the death of the alleged assailant," Penny Miller said in a release from Wildlife Resources Commission.

The investigation of the shooting is being conducted by the State Bureau of Investigation, in accordance with prescribed procedures. Officer Minton is currently on paid administrative leave.

Robbins said her father was hard of hearing and she's afraid that may have caused a miscommunication between him and the officer.

Copyright © 2009, WGHP-TV
 
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No Excuse

Being hard of hearing and not understanding the officer is no excuse for pointing a firearm at him. I feel for the warden, I would presume that he feels terrible at taking a life.
 
the warden...how bout feeling bad for the guy hunting on HIS private property and is now dead!

I always have and always will have a problem with law enforcement trespass!

its my land get off and stay off!
 
His land, the state's wildlife

I don't know about other states, but in Texas, even on private property, you have to obey state game laws.

Also, in Texas, a game warden is the only LEO who can go on private property or enter a home without a search warrant.

The law is the law and anyone who points a gun at a peace officer can expect rough treatment.
 
I always have and always will have a problem with law enforcement trespass!

its my land get off and stay off!
Here in Florida, the GW don't need a warrant to enter YOUR land or even YOUR HOME to check your freezers, barns, garages or other buildings for game violations. Thus they are often sent to homes where the police don't have the needed reasonable suspicion to pull a warrant. He goes in and if he sees anything... GAME ON!
Brent
 
MY statement didnt need fixing.

IF i pay TAXES on MY property...they should not be allowed to set foot on it!

i am not saying the land owner was not breaking the law. but i do NOT like the fact the need no warrant.

where do we draw the line with allowing OUR(joke) government to tread on us!

what if they told you...YOU cant own a hunting rifle because hey it our new LAW? would YOU turn in all your guns?
 
The officer had been dealing with armed hunters for 12 years. It is unlikely that he was not in fear for his own life.

If one feels it is wrong to have wildlife officers enforcing state laws on private land then change the laws and don't hire them to do it.
 
hard to change laws but i do try...unfortunately most people dont see the law enforcement agents as a threat.

i was set up once in a hunting scenario...short of it is that someone else wanted to gain access to the property i had been hunting for YEARS...so they found all of my treestands and put apples and deer attractants around them and called the game warden. he did not even ask if i had baited the area just wrote me a ticket which i fought and beat...BUT it still caused me to lose the hunting area because they drug the owner of the property to court as well. guess who got sole access to hunt it after that...yep the very same warden that busted me...hmmmmm

i understand there needs to be rules but i think at some point(hopefully before it is too late) the citizens of this great country need to take it back from the government politicians.

im sure the warden felt threatened but when they feel comfortable trespassing i have an issue. just because they have a badge doesnt mean they should have more right than you and I.

oh by the way the warden was fired about 6 months later...seems his boss found out about some unethical behavior...
 
is anyone surprised that he will not face prosecution the dead hunter will never be able to tell his side.
you would think that the game warden would have better things to do that to go on private land to try to write a ticket to a land owner who was hunting in season even if the area was baited its likely going to be a small fine at best.
every game warden ive ran into wanted to see my rifle or shotgun cant say ive ever had one say leave it in the treestand.
 
If Game Wardens were not allowed easy access to private land, there wouldn't be any game for the rest of us to hunt, because trash people would take deer and turkeys over bait, and shoot them at night, and use other illegal tricks to take all the game they wanted.
 
every game warden ive ran into wanted to see my rifle or shotgun cant say ive ever had one say leave it in the treestand.

But did you ever threaten one from the treestand. That was the key here as to why he wanted it left in the stand. Last season I went to check out MY property and found some deer hunters running dogs on it and the neighboring property. I set up waiting for a deer to run out on MY property when I heard them start yelling that one was coming my way. As I sat there one of the hunters drove up right between me and where the deer was coming out. He looked at me and wanted to know what I was doing there interfering whith THEIR hunt.

How did the GW know that the fellow in the treestad was the owner of the property. If it had been a trespasser the land owner would have thanked him instead of trying to shoot him.
 
i was set up once in a hunting scenario...short of it is that someone else wanted to gain access to the property i had been hunting for YEARS...so they found all of my treestands and put apples and deer attractants around them and called the game warden. he did not even ask if i had baited the area just wrote me a ticket which i fought and beat...BUT it still caused me to lose the hunting area because they drug the owner of the property to court as well. guess who got sole access to hunt it after that...yep the very same warden that busted me...hmmmmm

So one bad apple tarnishes the whole bunch in your view huh? So conversely because one "hunter" illegally baits for turkeys the game wardens should be OK in seeing all turkey hunters in that same light? {shoe meet other foot}

Bottom line, the hunter in this case had no business pointing the business end of his shotgun at anyone. Even if you or I or anyone else was in the game warden's shoes, tresspassing does not give the landowner the right to use deadly force to evict the tresspasser from his property. Not that this was trespassing in the legal sense anyway as the game warden has statutory authority to enter and investigate.

The hunter threatened a man's life with a shotgun. He paid for it with his. Simple as that. Sad and tragic, but simple.
 
If Game Wardens were not allowed easy access to private land, there wouldn't be any game for the rest of us to hunt, because White Trash would take deer and turkeys over bait, and shoot them at night, and use other illegal tricks to take all the game they wanted.
thats true plenty of this continues to go on anytime of the day and any day of the year no season for them or no tags to buy, but this just hapenned to happen on opening day I guess?
 
"If one feels it is wrong to have wildlife officers enforcing state laws on private land then change the laws and don't hire them to do it."

Actually, the easiest way to deal with the situation is to not break the law in the first place.



"even if the area was baited its likely going to be a small fine at best."

I don't know about the Carolinas, but IIRC at one time in Pennsylvania shooting over bait was a significant fine with the possibility of jail time and forfeiture of the hunting accoutrements up to the property on which the violation was taking place.

Same with poaching.
 
you would think that the game warden would have better things to do that to go on private land to try to write a ticket to a land owner who was hunting in season even if the area was baited its likely going to be a small fine at best.

You'd think the land owner would rather pay a small fine than chase a game warden with a shotgun and get himself killed....
 
well we will never know if the land owner even pointed his shotgun at the warden, the warden took care of that small fact. but we know the warden pointed his gun at the land owner, any warden parking on my land with out my permission will get his car loaded with souppy cow s#it as i will start spreadding right where he parked. eastbank. ps i hope the familey sues for wrongfull death.
 
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