Sorry but I don’t think this was an accident at all. 12 year olds do NOT get mistaken for turkey.
He should be prosecuted for murder.
Make that 8 year ols.
They wouldn’t be able to prove intent for murder. But he’ll have 15 years of hard time to live with what he did.
Nor do eight year olds. You can’t expect a child to sit still in the woods while hunting with his dad. They are curious and excited. They can’t sit still.
Oh, and don’t toke up before before going hunting with an eight year old.
I think it was just as charged, manslaughter perpetrated by an irresponsible moron who IMO deserves to go to jail.
Interesting about the mj factor in this case. AFAIK, there is no test for determining intoxication by marijuana. The urine test actually tests for metabolites that indicate the body recently “digested” THC. Furthermore, the metabolites for THC can be present in the body for up to 30 days past the time the user ingests the drug. As much as I would like to see this guy appropriately punished for killing his kid, I don’t see how they can take stock in the up coming report that details the “amount of marijuana” in his system.
That being said, the police/prosecutors have plenty to tell the jury just by saying they found a pipe with burnt mj residue at the crime scene, found evidence in the defendent’s urine indicating he recently smoked marijuana, found evidence that he was drinking, and was in fact intoxicated (a .06 three hours after the fact means he had more than “one”) from alcohol. Probably enough there for the jury to see the light without having to make false claims about the levels of mj intoxication at the time of the crime.
There’s a certain type of “hunter” that “hunts” by shooting at any sign of motion. Turkeys move, little boys move, cows move, horses move. These “hunters” have shot them all.
I knew a doctor who pinned a man to a tree with his bow and arrow thinking he was a turkey.