Forest Service officer, mistaken for coyote, shot and killed

[sdk87to91]

Middle Georgia hunter mistakenly kills federal forest officer (from The Augusta Chronicle.

One of two men using a high-powered rifle with night vision to hunt coyotes fatally shot a federal officer Friday, apparently mistaking him for game, the Georgia Department of Natural Resources reported.

The USDA Forest Service officer was killed at the Ocmulgee Bluff Equestrian Recreation Area on the Oconee Ranger District of the Chattahoochee-Oconee National Forest in Jasper County, authorities told The Columbus Ledger-Enquirer newspaper.

Officer Christopher Arby Upton, 37, of Monroe, Ga., was on patrol there about 11 p.m. The hunters dialed 911 to report the incident. State authorities identified the shooter as Norman Clinton Hale, 40, McDonough, Ga., and his observer as Clifford Allen McGouirk, 41, of Jackson, Ga., the newspaper reported.

Upton had been with the forest service four years, after serving as a game warden for the U.S. Marine Corps at Beaufort, S.C. He also had worked as a conservation officer, game warden and pilot with the Florida Fish and Wildlife Commission. He leaves behind wife Jessica and 4-year-old daughter Annabelle.


Another story about the same incident. from the WMAX channel 13 news

USDA Forest Service Officer Shot, Killed While On Duty
A USDA Forestry officer died after a hunter accidentally shot him.

The Georgia Department of Natural Resources says 37-year-old Christopher Arby Upton was shot at the Ocmulgee Bluff Equestrian Recreation Area in Jasper County while on routine patrol Friday night.

Ranger First Class Wil Smith says Upton was working his routine shift, until two men hunting coyote in the same area, mistook him for their game.

"It really brings those thoughts to the front of your mind," Smith said. "It makes you alert to the potential hazards in this job."

Smith says the shooter, 40-year-old Norman Clinton Hale of McDonough, did not identify what he was shooting at.

"In the dark, the night vision scope reflected in Officer Upton's eyes," says Smith. "It may have appeared that he was a coyote."

When working at night, rangers are not required to wear reflective clothing or any other equipment to help stand out in the darkness, said Smith.

"At times it's necessary for officers to be secluded whenever they're on patrol," said Smith, a DNR Ranger for 5-years. "Reflective garments aren't always a tool that we would use."

He says Upton was shot once and died instantly. Hale and his hunting partner, 41-year-old Clifford Allen McGouirk of Jackson dialed 911 and reported the incident.

Smith says as a state ranger, working near firearms at night is part of the job. He says it's up to the hunter to be sure exactly what's in his line of fire and beyond.

Hunter and horseback-rider Daniel Daughtry says it's a rule every hunter should know.

"That's why when you take your hunter safety course they teach you to know darn sure what you're shooting at before you squeeze the trigger," says Daughtry, who's visited the national forest for more than 12 years. "If you're not sure, it's just best to let the game go."

Smith says its a basic rule that was ignored in Upton's case, a mistake that cost a 4-year veteran of the Forest Service his life.

The U.S. Forest Service and the State DNR are still investigating the two hunters. No charges have been made.



We just taught Hunter Safety this weekend here, If I had been current on the news I could have used this story in class right after the incident.

[Supersquishy]

Firstly what a sad story, Prayers out to the Ranger and Family!

Secondly, what kind of dumbfvck shoots at something hoping its a whats hes intending on shooting?!?!?!

[tdrt]

Firstly what a sad story, Prayers out to the Ranger and Family!

Secondly, what kind of dumbfvck shoots at something hoping its a whats hes intending on shooting?!?!?!

My sentiments exactly! There's a big size difference between a man and a coyote, for Chrissakes! And don't even blame it on the NVG.

[oogachaka]

Its months later and if I search for all 3 of the names of those involved...I only get those two news stories that were posted above, which leads me to believe they werent charged.


Anyone have any info?

[hbharrison]

If you can not clearly see what you are shooting at do not shoot let it go. What a dumbarz.

[SlingerDun]

Sometimes the "hunter" see's a sure enough target, then it fades into the bresh..... A target emerges again and he shoots!

The 'hunter' spends dollars and hours.... that turn into day's and more $$$...... glassing for animals.........he finally see's something and it's about to disappear into a tangled draw! This usually seems to happen in low light and i've heard hunters empty their rifles spastically into the bresh. On the other side of that treeline could be a well traveled hiking trail or even a camp ground or parking lot, or horse corral. There are simply plenty of flighty people behind the working end of firearms, everywhere. I don't hump the backcountry this time of year.

[hbharrison]

Just can not get with the idea of hunting game like coyotes at night with a night scope here in KS you are not allowed to hunt at night unless you are a coon hunter then you use dogs to tree them then walk up close and shoot them. Most night scopes I have seen just are not as good as the the military use today.

[SgtThrasher]

I'm sorry for the warden's family and I bet the hunters are too.I didn't think you legally hunted coyotes at night.They at least called 911 and reported the accident,but still don't excuse their stupidity!

[sparkie]

Hunting at nite is too stupid, but if it is allowed yes the glare of human eyes can be mistaken. This one is a wash.
I only hunted when dusk to dawn was a no.

[indygti]

Some people shouldn't be allowed to hunt or own firearms.

[sdk87to91]

Press Release
FOR IMMEDIATE RELEASE
Date: January 21, 2011
Contact : Sue McKinney


Indictment in Shooting of Forest Service Officer

MACON: Michael J. Moore, United States Attorney, announced that Norman Clinton Hale, age 41, was indicted by a federal grand jury. Hale was charged in connection with the shooting death of United States Forest Service Law Enforcement Officer Christopher Arby Upton. Officer Upton was killed in the line of duty on March 5, 2010 on U.S. Forest Service property in Jasper County, Georgia..

Hale was indicted on two counts of a violation of Title 18, United States Code, Sections 1114 and 1112, Killing a Federal Officer (Involuntary Manslaughter) and one count of a violation of Title 18 United States Code, Section 924(c), Discharging a Firearm During a Crime of Violence. The manslaughter offense carries a maximum sentence of eight (8) years imprisonment, a maximum fine of $250,000.00 plus three (3) year of supervised release. The firearm offense carries a mandatory, minimum, consecutive sentence of ten (10) year imprisonment up to a maximum sentence of life imprisonment, a $250,000.00 fine plus five (5) years of supervised release.

“Criminal indictments are only charges and not evidence of guilt. A defendant is presumed to be innocent until and unless proven guilty.”

Questions concerning this case should be directed to Sue McKinney, Public Affairs Specialist, United States Attorney’s Office, at (478) 621-2602.