I' ve never looked thru a thermal scope before, but I guess the image is not totally clear.
Depends on the thermal scope that you are using and the hunting conditions, sort of like with using daylight scopes. Even with low end thermal scopes, distinguishing between a hog and a human in open terrain should not be a problem. Shooting at an image in a broken up view through the woods is about like doing the same with a daylight scope, which is how people sometimes get mistaken for other animals.
We don't know if the victim was standing, seated, or possibly on all fours for some reason. So we don't know the image that might have been presented to the shooter. That can certainly mess with one's ability to be able to make a proper identification.
We also don't know if this was an aimed shot based on improper identification in trying to hit what turned out to be the victim or a swing through shot (think Dick Cheney) or spray and pray where the victim was not the intended target.
As for the conspiracy theory, somebody in law enforcement will work that out. Based on what is typical in these situations, attempted murder is unlikely.
Given that a thermal scope was being used, there is a possibility that there is video from the shot. Now wouldn't that be interesting?
This is why I won’t hunt with anyone that has a gun around me without knowing for a certainty their not a dumb [censored] and this is a very short list!!!! This wasn’t an accident, it was a full case of DA Syndrome resulting in somebody getting blasted..
I get what you are saying. "Accident" is a euphemism people like to say to mean unintentional, while glossing over the negligence aspect. If you talk to an insurance adjuster, s/he will tell you that there is virtually no such thing as an automotive accident. Unintentional crashes occur as a result of negligence in driving and or maintenance.
The same discussion goes on about accidental discharges and negligent discharges. Guns almost never discharge accidentally. There is almost always a direct human factor involved at some level. So while the discharge may not be intentional, it is not without negligence.
There are tragic hunting 'accidents' that result in people going to jail, unless you are Dick Cheney.