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Re: What would you do?
[Re: Justin T]
#1838526
11/16/10 08:32 PM
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Joined: Sep 2008
Posts: 347
wigeon
Bird Dog
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Bird Dog
Joined: Sep 2008
Posts: 347 |
What I would do is figure would what the buck scored and have him pay for your wife to shoot an equivalent buck on another ranch or pay the same price that it would cost to shoot one. $1200 seems like not enough for a buck like that
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Re: What would you do?
[Re: RockinU]
#1838687
11/16/10 09:17 PM
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Joined: Jan 2009
Posts: 8,719
cameron00
THF Trophy Hunter
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THF Trophy Hunter
Joined: Jan 2009
Posts: 8,719 |
File charges?
Okay, what are the charges?
As has been stated ad nauseum on this board, the State owns the deer. As long as he wasn't trespassing and had a license, he didn't do anything illegal.
Unethical? Yes. In downright poor moral character? You bet.
But there's really not any legal course of action here. The land owner didn't own the deer. Maybe someone should ask a GW...but it looks to me like he took a game animal without permission. There were specific stipulations and limitations clearly stated as to what he could and could not shoot. If there is no legal recourse, then there should be. I will contact my GW and see how he would handle it, and recommends. Again, I think you're confusing civil damages (lawsuit) with criminal charges (tresspass, assault, etc). I don't know that there are any "charges" to file. If he believed he had an oral contract, he could file for civil damages (i.e. monetary compensation), but unless the infringing party signed a contract, it's going to be one man's word against another. Difficult to prove.
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Re: What would you do?
[Re: DuctTape]
#1838722
11/16/10 09:33 PM
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Joined: Nov 2010
Posts: 8
Olivia Nalos
Green Horn
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Green Horn
Joined: Nov 2010
Posts: 8 |
He's put you in a precarious situation and has violated a trust here. This buck-fever thing makes hunters lose control of their minds and ultimately causes them to react instead of think. I would express the predicament he has put you in and ask him to put himself in your place. This isn't about 'paying' money for his mess-up. He needs to write a letter to the landowner that states something to the effect of "John Doe made it clear to me that I was only to shoot a doe and he should not be held responsible for my behiavoir. I am willing to pay for my mistake and ask that you forgive me for my decision to go against both the will of John Doe and you, the landowner". He, is, ultimately making you look bad on a piece of land that you've been priveldged to hunt.
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Re: What would you do?
[Re: cameron00]
#1838787
11/16/10 09:49 PM
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Joined: Sep 2009
Posts: 6,074
Justin T
THF Trophy Hunter
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THF Trophy Hunter
Joined: Sep 2009
Posts: 6,074 |
File charges?
Okay, what are the charges?
As has been stated ad nauseum on this board, the State owns the deer. As long as he wasn't trespassing and had a license, he didn't do anything illegal.
Unethical? Yes. In downright poor moral character? You bet.
But there's really not any legal course of action here. The land owner didn't own the deer. Maybe someone should ask a GW...but it looks to me like he took a game animal without permission. There were specific stipulations and limitations clearly stated as to what he could and could not shoot. If there is no legal recourse, then there should be. I will contact my GW and see how he would handle it, and recommends. Again, I think you're confusing civil damages (lawsuit) with criminal charges (tresspass, assault, etc). I don't know that there are any "charges" to file. If he believed he had an oral contract, he could file for civil damages (i.e. monetary compensation), but unless the infringing party signed a contract, it's going to be one man's word against another. Difficult to prove. There is a 3rd party witness.
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Re: What would you do?
[Re: Justin T]
#1838813
11/16/10 09:58 PM
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Joined: Nov 2005
Posts: 32,619
sig226fan (Rguns.com)
duck & cover
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duck & cover
Joined: Nov 2005
Posts: 32,619 |
When you say "Coach"....... at what level? High school? Junior High? Pop Warner?
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Re: What would you do?
[Re: Justin T]
#1838867
11/16/10 10:13 PM
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Joined: Nov 2006
Posts: 1,179
CBHunter
Pro Tracker
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Pro Tracker
Joined: Nov 2006
Posts: 1,179 |
There is a 3rd party witness. But by saying "The only thing I told both of them is that they would have to find a ride home if they shot a buck. . . . ." he has stated the punishment for killing one. Not sure he has any recourse other than that. Unfortunately!
My wife's only thing is it can't stare at her when she is eating or sleeping!
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Re: What would you do?
[Re: CBHunter]
#1838874
11/16/10 10:15 PM
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Joined: Dec 2009
Posts: 793
RockinU
Tracker
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Tracker
Joined: Dec 2009
Posts: 793 |
OK, I talked to my GW. He says that strictly speaking "Hunting without Landowner Consent" is a trespass law, and strictly interpreted probably does not apply here. However there is enough gray in it that he suggests talking to your GW to see if he would be willing to take it to the County Attorney. He says an aggressive County Attorney may be willing to go with it if for no other reason to provide impetus for this guy doing the right thing, but it's going to be up to the CA to decide.
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Re: What would you do?
[Re: sig226fan (Rguns.com)]
#1838899
11/16/10 10:23 PM
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Joined: Aug 2007
Posts: 280
DuctTape
OP
Bird Dog
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OP
Bird Dog
Joined: Aug 2007
Posts: 280 |
When you say "Coach"....... at what level? High school? Junior High? Pop Warner? Thanks Sig. I need to clear that up as well. We coached 2nd and 3rd graders together. So some of the earlier post I understand but not real applicable to the story. The only thing it is going to affect is next year when we start playing again.
we are all here cause we aint all there!
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Re: What would you do?
[Re: CBHunter]
#1838916
11/16/10 10:27 PM
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Joined: Aug 2007
Posts: 280
DuctTape
OP
Bird Dog
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OP
Bird Dog
Joined: Aug 2007
Posts: 280 |
There is a 3rd party witness. But by saying "The only thing I told both of them is that they would have to find a ride home if they shot a buck. . . . ." he has stated the punishment for killing one. Not sure he has any recourse other than that. Unfortunately! That is interesting. I do not think I thought of it as breaking the law. More like breaking man code. I have a call into him now.
we are all here cause we aint all there!
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Re: What would you do?
[Re: CBHunter]
#1838936
11/16/10 10:30 PM
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Joined: Aug 2007
Posts: 280
DuctTape
OP
Bird Dog
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OP
Bird Dog
Joined: Aug 2007
Posts: 280 |
The only thing I told both of them is that they would have to find a ride home if they shot a buck. . . . .
If you actually told them that, then that makes part of the verbal agreement. If you took this to court, the judge would laugh at you for not holding up your end of the bargin - Your OWN words! You get nothing else- nada! Unfortunately, this quote screwed you from recourse. Actually I did not say it on the way out to the place...Let me be clear. The ground rules were Doe only. That is it. We did not talk about reprecussions. The first night at dinner the coach said he should have shot a little 8 pointer and my reply back was they would have to find another way home. Doe Only! I garuntee the dad was not worried about how to get home when he shot the buck.
we are all here cause we aint all there!
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Re: What would you do?
[Re: Olivia Nalos]
#1838945
11/16/10 10:31 PM
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Joined: Aug 2007
Posts: 280
DuctTape
OP
Bird Dog
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OP
Bird Dog
Joined: Aug 2007
Posts: 280 |
He's put you in a precarious situation and has violated a trust here. This buck-fever thing makes hunters lose control of their minds and ultimately causes them to react instead of think. I would express the predicament he has put you in and ask him to put himself in your place. This isn't about 'paying' money for his mess-up. He needs to write a letter to the landowner that states something to the effect of "John Doe made it clear to me that I was only to shoot a doe and he should not be held responsible for my behiavoir. I am willing to pay for my mistake and ask that you forgive me for my decision to go against both the will of John Doe and you, the landowner". He, is, ultimately making you look bad on a piece of land that you've been priveldged to hunt. This is the route I am going to take with him first. Of course he is writting the letter to my wife and brother inlaw.
we are all here cause we aint all there!
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Re: What would you do?
[Re: RockinU]
#1838964
11/16/10 10:36 PM
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Joined: Sep 2007
Posts: 4,341
oldoak2000
Extreme Tracker
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Extreme Tracker
Joined: Sep 2007
Posts: 4,341 |
OK, I talked to my GW. He says that strictly speaking "Hunting without Landowner Consent" is a trespass law, and strictly interpreted probably does not apply here. However there is enough gray in it that he suggests talking to your GW to see if he would be willing to take it to the County Attorney. He says an aggressive County Attorney may be willing to go with it if for no other reason to provide impetus for this guy doing the right thing, but it's going to be up to the CA to decide. Are you kidding me? DucTape GAVE the guy a ride to his land - I can see it now, in front of judge: DucTape - "this guy was tresspassing" . . CoachesFriend: " Judge, he drove me to his land, and put me in a blind, with permission to hunt" . . . I do feed bad for DucTape, but he did let this guy on his land, and knowing that he just bought a gun that same week; Like I and at least one other has stated, the worst the CoachesFriend had to fear, per DucTape, was just finding his own ride home for shooting that nice huge trophy buck . . . .
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Re: What would you do?
[Re: oldoak2000]
#1838992
11/16/10 10:43 PM
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Joined: Dec 2009
Posts: 793
RockinU
Tracker
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Tracker
Joined: Dec 2009
Posts: 793 |
OK, I talked to my GW. He says that strictly speaking "Hunting without Landowner Consent" is a trespass law, and strictly interpreted probably does not apply here. However there is enough gray in it that he suggests talking to your GW to see if he would be willing to take it to the County Attorney. He says an aggressive County Attorney may be willing to go with it if for no other reason to provide impetus for this guy doing the right thing, but it's going to be up to the CA to decide. Are you kidding me? DucTape GAVE the guy a ride to his land - I can see it now, in front of judge: DucTape - "this guy was tresspassing" . . CoachesFriend: " Judge, he drove me to his land, and put me in a blind, with permission to hunt" . . . I do feed bad for DucTape, but he did let this guy on his land, and knowing that he just bought a gun that same week; Like I and at least one other has stated, the worst the CoachesFriend had to fear, per DucTape, was just finding his own ride home for shooting that nice huge trophy buck . . . . No, I'm not kidding you...and read closer...as I said, since it is a trespass law it probably does NOT apply here...but the final determination lies with the County Attorney. Just tellin you what I was told, take it or leave it.
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Re: What would you do?
[Re: RockinU]
#1839125
11/16/10 11:15 PM
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Joined: Sep 2007
Posts: 4,341
oldoak2000
Extreme Tracker
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Extreme Tracker
Joined: Sep 2007
Posts: 4,341 |
Hey DucTape, I did find something that might help you: (might be hard to enforce, since you didn't have it in writing, but it does sound like you have plenty of witnesses. http://beta-www.tpwd.state.tx.us/faq/land-water/law-enforcement-faq-1/hunting "I lease my property to a group of individuals for hunting. Am I required to let them hunt all species within the bag limits for my county as listed in the Outdoor Annual?
No. A landowner may restrict hunters to bag limits or species more conservative than those found in the Outdoor Annual. Individuals who are not abiding by the terms of a landowner/hunter agreement may be charged with "taking a wildlife resource without the consent of the landowner."
" Forget the 'trespass' approach; the above should be enough!
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Re: What would you do?
[Re: oldoak2000]
#1839139
11/16/10 11:22 PM
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Joined: Sep 2007
Posts: 4,341
oldoak2000
Extreme Tracker
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Extreme Tracker
Joined: Sep 2007
Posts: 4,341 |
You may also want to take a look at this: http://texnat.tamu.edu/symposia/quail/page32.pdfIt covers all the bases on 'hunting leases'; yours was a verbal one, and written would have been better . . . maybe this will help others from such a recurrence of this type
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Re: What would you do?
[Re: oldoak2000]
#1839307
11/17/10 12:23 AM
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Joined: Apr 2008
Posts: 664
brokenpole
Tracker
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Tracker
Joined: Apr 2008
Posts: 664 |
as this all plays out i get the feeling that the shooter in question felt like he could get away with what he did, yes he was wrong but I think he got the vibes from you, chalk it up to experience, next time you want to take a kid hunting just take the kid
i have had a similar situation on our place, my buddy and his son were asked to go hunting at our lease and no deer showed up, he wanted his son to shoot something so bad that they blasted a turkey across the fence line, he was told he would never be asked back again, that was five years ago, this year his son is a senior and still has not shot a deer and he wont off my place, we are still friends but no hunting
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Re: What would you do?
[Re: brokenpole]
#1839313
11/17/10 12:26 AM
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Joined: Dec 2008
Posts: 865
Matagorda Mud Pig
Tracker
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Tracker
Joined: Dec 2008
Posts: 865 |
Invite friends after you've done all the killing you want. I wouldn't want to over-tempt my friends.
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Re: What would you do?
[Re: Matagorda Mud Pig]
#1839424
11/17/10 01:03 AM
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Joined: Dec 2009
Posts: 5,714
TAT
THF Trophy Hunter
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THF Trophy Hunter
Joined: Dec 2009
Posts: 5,714 |
It's not how you fall, It's how you get up.
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Re: What would you do?
[Re: TAT]
#1839513
11/17/10 01:33 AM
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Joined: Aug 2007
Posts: 280
DuctTape
OP
Bird Dog
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OP
Bird Dog
Joined: Aug 2007
Posts: 280 |
Update on conversation with the Coach. I asked him what he thought and his response was "hey he is a grown man take it up with him." I said he was your guest and he said "oh well. Sorry" So I asked if he would pay if he shot it and he said no. I am done with him.
we are all here cause we aint all there!
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Re: What would you do?
[Re: oldoak2000]
#1839522
11/17/10 01:36 AM
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Joined: Aug 2007
Posts: 280
DuctTape
OP
Bird Dog
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OP
Bird Dog
Joined: Aug 2007
Posts: 280 |
You may also want to take a look at this: http://texnat.tamu.edu/symposia/quail/page32.pdfIt covers all the bases on 'hunting leases'; yours was a verbal one, and written would have been better . . . maybe this will help others from such a recurrence of this type Thanks for the info!
we are all here cause we aint all there!
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Re: What would you do?
[Re: oldoak2000]
#1839530
11/17/10 01:40 AM
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Joined: Aug 2007
Posts: 280
DuctTape
OP
Bird Dog
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OP
Bird Dog
Joined: Aug 2007
Posts: 280 |
Hey DucTape, I did find something that might help you: (might be hard to enforce, since you didn't have it in writing, but it does sound like you have plenty of witnesses. http://beta-www.tpwd.state.tx.us/faq/land-water/law-enforcement-faq-1/huntingThanks. Interesting. "I lease my property to a group of individuals for hunting. Am I required to let them hunt all species within the bag limits for my county as listed in the Outdoor Annual?
No. A landowner may restrict hunters to bag limits or species more conservative than those found in the Outdoor Annual. Individuals who are not abiding by the terms of a landowner/hunter agreement may be charged with "taking a wildlife resource without the consent of the landowner."
" Forget the 'trespass' approach; the above should be enough!
we are all here cause we aint all there!
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Re: What would you do?
[Re: DuctTape]
#1839595
11/17/10 01:58 AM
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Joined: Dec 2009
Posts: 5,714
TAT
THF Trophy Hunter
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THF Trophy Hunter
Joined: Dec 2009
Posts: 5,714 |
u have to give us more than that. sounds like the coach is a punk too! you think he would feel alittle obligated. hes really the middle man though. skip him and go to the source. the coach doesnt sound like he will be on your side. the longer you wait the less this guy is gonna care. once the guy starts to twist what happened in is head he will feel like he is in the rite. good luck.
It's not how you fall, It's how you get up.
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Re: What would you do?
[Re: TAT]
#1839608
11/17/10 02:03 AM
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Joined: Aug 2007
Posts: 280
DuctTape
OP
Bird Dog
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OP
Bird Dog
Joined: Aug 2007
Posts: 280 |
u have to give us more than that. sounds like the coach is a punk too! you think he would feel alittle obligated. hes really the middle man though. skip him and go to the source. the coach doesnt sound like he will be on your side. the longer you wait the less this guy is gonna care. once the guy starts to twist what happened in is head he will feel like he is in the rite. good luck. I have a call into the guy. I would expect the coach to take his side. High school buddy. I am not going to let this go.
we are all here cause we aint all there!
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Re: What would you do?
[Re: DuctTape]
#1839637
11/17/10 02:11 AM
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Joined: Dec 2009
Posts: 5,714
TAT
THF Trophy Hunter
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THF Trophy Hunter
Joined: Dec 2009
Posts: 5,714 |
that sounds good. stay on top of it and more than likely he will brake. heck if it comes down to it let your wife call him! let me tell you what id rather fight 3 grown men than try and fight my wife!!! your wife could bring alittle more perspective into it. is he just not returning your calls.
It's not how you fall, It's how you get up.
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Re: What would you do?
[Re: TAT]
#1839689
11/17/10 02:25 AM
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Joined: Nov 2004
Posts: 23
Bearwhiz
Light Foot
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Light Foot
Joined: Nov 2004
Posts: 23 |
I'd be spreading this story to everyone in town. People like this need to be critisized to others and make his reputation dirt. Don't just get mad, get even or get ahead.
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