My "exciting" Elk hunting trip last October, and the issues to still be resolved

[jumpsteady]

So a couple of months ago I mentioned that I went Elk hunting near Walden, Colorado last October. I got my self into a bit of trouble while I was there. So just because I can’t stop thinking about this, I needed to just talk to somebody outside of my family about it. So here goes. My Dad and I had been talking about going Elk hunting for a couple of years and then my Grandfather came up with this grand plan to kind of make it all happen. My Dad’s cousin lives in Fort Collins and goes Elk hunting every year. So Grandpa’s idea was to trade his beautiful Winchester Model 70 Featherweight in .308 to his nephew in exchange for letting us tag along in there camp and help us make sure that we got all of the paper work filled out right.

So we get everything taken care of and off we go. Get to camp, get set up, everything is going great. Grandpa decides he is going to hunt with own of the other guys in camp that was about his age. So Dad and I figured we would do like always and just stick together. We see nothing the first day, Saturday, heard something run around us on the mountain but never saw anything.  Day 2, Sunday, Skunked again, we figured out that we weren’t really going far enough up the mountain. The guys in the camp across the road were going all the way to the top and already had 2 cows by this point. On the way back to camp, I ended up breaking the top mounting eye off the front right shock on the ATV I was using. Called the wife and had her find the nearest Yamaha dealership. It was in Laramie, Wyo.

So on Day 3, Monday Dad and I left first thing to head to Laramie to get a shock. They didn’t have one in stock, and it was going to be about $350 for a new one. On our way to the door trying to figure out what we were going to do, a younger guy, about my age, stops us and tells us that he know a guy that could weld the shock back together. It wouldn’t have any fluid in it, but that would be better that nothing. 35 minutes and $20 later this old man had us fixed up. So we headed back to camp and got the ATV back together. No hunting on Day 3.

Tuesday, Day 4. Dad And I headed as far up the mountain as we could with the ATV’S and then walked even farther. Saw and heard nothing all morning. Went back to camp for lunch. Met all of the guys and decide we would see if we could push anything out to My Grandpa as we all know that he would never again go Elk hunting. In the process of this walk I got turned around at so point and got lost. 2 and a half hours later and the first Panic Attack of my life, I found the road back to camp and walked the 6 miles back. The guys went and got my ATV for me. Felt sick and didn’t eat much.

Here is where the trip really went down hill. Wednesday, Day 5. Get up early, feel great. Dad And I decided to just walk out of camp and up the mountain. About 25 minutes in I hear something. I freeze. Movement below me.  I watch as 2 cow elk head up towards me. A small one in the lead with a larger one in tow. Put gun to shoulder, open scope covers, tried like hell to control my breathing. The little one must have figured out something was up and took off. As the larger one stops broadside at about 60 yards I let loose a 180 Accu-bond out of my .338 Federal. Elk never even moved. Pumped another round into her. This time I she her move and know she was hit. She starts to stumble, then regains her composer and tries to take off. So I hit her 1 final time from about 50 yards away in the shoulder. She goes down. I make sure she stayed down, and collected my brass. This is where it goes bad. As I walked up to her to start my paper work I notice that she doesn’t look right. Something was wrong. Then it hits me. Moose calves look just like Cow elk. The calf lead up the hill. I never identified my target. I had never seen a moose calf before in my life. At this point I started hating myself for being an idiot, and started yelling and cussing myself out loud for being so stupid. This is about the time Dad shows up. I know that I screwed up, so I asked him to stay there as I went back to camp to call the game warden.

Get to camp and make my phone call. He said that he was on his way and told me to start field dressing it. So I head back up the mountain to due just that. 2 hours and 8 guys later I had my moose back in camp and loaded into the game wardens truck. Dad and I fallow him into town where I received a ticket for Hunting in a Careless Manner. Fine $700. Then I had to go over to the DA’s office to fill out all of the paper work. Had to ask my Dad to float me the $700, which he had to take a cash advance out on his credit card to do, but got it paid and all the paper work done. Went back to camp. Didn’t sleep at all.

Couldn’t tell you what happened from here on out, as I just wasn’t feeling it after this.

For those that don’t know, in Colorado they have a point system for game law violations. 20 or more point and they can suspend you hunting privileges for 5 years. And thanks to the Wildlife Violator Compact of 2009, if your privileges are suspended in 1 of the 33 states involved with it, they are suspended in all of them. Hunting in a Careless Manner is a 20-point offense. So last week I got my certified letter from Colorado Dept. of Wildlife telling me that I have until June 26 to schedule a hearing date. The hearing is to decide if they are going to suspend my hunting rights or not. The gentleman that I talked to told me that I didn’t need to be present; I could do it as a conference call. I told him that if my hunting privileges are going to be revoked, that I wanted them to tell me to my face. I have also already called the game warden that wrote the ticket and talked to him. He said that he would right me a letter saying he recommended no suspension since I did the right thing and turned my self in and helped them get the animal down off the mountain.

Sorry this was so long but I just wanted to let everybody know what I have been going through. I believe in my heart that they won’t suspend my privileges, but you lever know. I am borrowing a friend of mines HD Dyna Wide Glide, and leaving for Denver the first week of August. I really hope that all goes well and I have a great ride home. But I am still worried that I am going to get screwed for an accident and doing the right thing by turning my self in. I guess time will tell. Hurry up August. I need to know. This is driving me nuts

Jumpsteady

[Big Nasty]

I Don't know much about hunting elk because I never have, but if you have an elk tag why does it matter if you shoot a calf unless it is antler only tag?

[jumpsteady]

The problem is that I shoot a moose, not an elk. moose calves and cow elk look very similar. So by rights I could have been charged with Hunting without a Licsence which is a $15,000 for shooting a moose. But because I turned myself in I was only charged with Hunting in a Careless Manner.

[Sweetwater]

I've hunted in several states and the one common denominator I have found when trying to do the right thing after a screwup is, "maintaining a correct demeanor for the situation and not get cocky".
Either way, they've got you in a bind and they know it. So far, sounds like you've done everything correctly after the realization of the screwup, so, from my perspective, maintaining your mild mannered nature will go far with the arresting warden's recommendation on your behalf.

Watched a guy in Wyoming get pinched justifiably for being in the wrong. Got belligerent with the warden and went off in handcuffs.

Stay calm and a little prayer may go along ways. I'll offer mine up for your behalf.

[jumpsteady]

I has mad, but at myself. I never got cocky or anything with anybody else, just myself. It really helped that the game warden didn't show up and act above the law. He was just a guy doing his job. That in its self made alot of this easier on me. If he had shown up acting better than the world, he would have packed the 900 pound moose out by himself. But he was a realy good guy.

[Wyo. Coyote Hunter]

js, this is a bummer of a deal to happen to a hunter....often folks don't realize there are moose in an elk area, this is the first account I have read to understand the confusion a guy can face on a hunt of this type...often here, moose are shot and left just because some jerk wants to kill one or is angry with the game and fish, or is just a nut.....I would say you have done all you can to make this error correct....hopefully you will get someone who can sympathize with a fellow who travels far, spends money, works hard, and wants success...the warden I would say will be your most helpful person, besure you have him write the letter AND you might ask him for a copy just incase something happens to the first one...I have little faith in lawyers, judges, and police...game wardens are a bit better, but once the item leaves his hands, who knows...good luck.....it is sad when someone who tries to do right is caught up in the legal system, when a common thug, who knows the ropes, can weasel out everytime...my very best wishes for good success go to you....

[jumpsteady]

Thanks Wyo. I know that there were Moose in the area as Walden is the moose capitol of Colorado. But having never seen a live cow or calf moose I got confused. There is no way that I was going to try to just get out of this, I wasn't raised like that. I guess the thing that gets me the most is that hunting is one of the most important things in my life. Whitetail deer is what we eat here are my house. we don't by beef at the store and haven't for about the last five years. I will more that likely go nuts if I can't go hunting. But if that is the outcome then so be it. I will manage. I guess that I will just front my Dad the money to buy an extra antlerless only tag and pay for all of his processing fees. He always gives me his deer anyway. I go through right at 2 deer a year. so I guess that I am going to hope he has some great luck or I am going to have to start spending more at the gracery store. But I hope that it doesn't come down to that.

[Siskiyou]

jumpsteady

I suspect you are second guessing yourself because that is human nature, but after discovering your error you did right. 

The woods are full of eyes and ears, had you taken a different route is would have proved to be more costly.

Case in point occurred many years ago.  It was opening weekend of deer season and a hunter shot a 4-point elk, thinking he was shooting at a legal buck.  He had never seen an elk before, and at the time the elk herd was just getting established in the area. 

Once the mistake was discovered the hunter, and his hunting partners hid the kill.  They then moved their hunting to the next drainage.

Other hunters witness the kill, and the actions of the group.  A witness hiked out of the wilderness and drove into town for a telephone.  The F&G investigation resulted in charges against all the hunting party, loss of hunting rifles, camping equipment, and there was a discussion regarding the seizure of vehicles. 

If the party had done the right thing, only the shooter would have paid for the mistake; most likely paying the fine and loss of hunting privileges for a couple seasons.

 
The woods are full of witnesses during hunting season. 

[Big Nasty]

OK, now I feel stupid. I for some reason while reading the post had it stuck in my head they were elk calves. After reading it a second time I see my BOO BOO. Gewisss I gotta start eating some brain food or sumthin!!!

[Graybeard]

I do wish you the best in this and hope that with the warden's help you can avoid loosing your hunting priviledges but....

Shooting a moose for an elk is NOT an accident. It's an error in judgement and it's a clear case of failure to properly identify your target before pulling the trigger. To me that's a very serious matter and each year folks die because someone failed to properly identify their target and shot a human thinking they were shooting a deer or turkey or whatever else.

A fellow I used to work with and who at one time worked for me was shot by a turkey hunter who claimed he was certain he was shooting at a turkey when he shot the guy. I knew a truly nice old gentleman who was hunting with his grandson when the kid shot his head mostly off thinking he was a deer. I knew the man well and his son the father of the child who killed him.

These are incidents I think of every time I hear of a case of someone shooting without properly identifying their target. While I do sympathize with your situation and truly hope it works out in your favor I also hope this is a life lesson learned for you in making absoultely and 100% certainly what you are aiming that rifle at before you pull the trigger in the future. As bad as you feel over your mistake in identification think how much worse you'd feel if like the two incidents I mention that happened to folks I know personally you had shot a person not a moose. Yeah I know you knew it was a game animal but so did both the hunters I mentioned who actually shot humans.

There is no substitute for knowing what you are pointing that rifle at before the safety comes off and the shot is let loose. Once the trigger is pulled you can't call back the bullet. It is the one thing I stress most heavily in any situation I have to train new folks in the use of guns and I have worked with many over the years.

[jumpsteady]

Shooting a moose for an elk is NOT an accident. It's an error in judgement and it's a clear case of failure to properly identify your target before pulling the trigger. To me that's a very serious matter and each year folks die because someone failed to properly identify their target and shot a human thinking they were shooting a deer or turkey or whatever else.

There is no substitute for knowing what you are pointing that rifle at before the safety comes off and the shot is let loose. Once the trigger is pulled you can't call back the bullet. It is the one thing I stress most heavily in any situation I have to train new folks in the use of guns and I have worked with many over the years.

Greybeard, you are correct. It isn't an accidient. It is but it isn't. Had I done a little bit better research, and better identified my target this wouldn't have happened. I just wanted to share this with everyone, so people would think about it a little more. I know that it has been the only thing on my mind for the last 8 months or so.

[nhnef]

Just curious how this turned out for you?  Upon reading this I was struck with the idea of what a great teaching experience you now have.  You may be able to reduce your sentence if you agree to go to hunter ed classes and tell your story to help others avoid a mistake like yours.  Even if it doesn't help you with the court...still would go a long way towards making you feel better.

Just a thought.

best of luck.

[teddy12b]

I wish you the best of luck on this also because you seem to have genuine remorse for the mistake you made.  Having said that when I read this part:

I really hope that all goes well and I have a great ride home. But I am still worried that I am going to get screwed for an accident and doing the right thing by turning my self in.

I don't think you'd be getting screwed for the incident.  You made one mistake, and will deal with that.  Not calling the game warden would have been a second mistake and more punishment.  Doing the right thing by calling the game warden shouldn't be a get out of jail free card, but it should grant you some ease in the punishment. 

I wish you the best of luck in your future hunts and hope this works out ok for you.

[jumpsteady]

Thanks everybody for the well wishes. I rode out to Denver on the 5th of August. Long ride from here in Topeka, took about 11 hours. Got to the place I was staying, grabbed some food and stayed there the rest of the night. Friday morning the 6th, I got up and headed in the general direction of where my meeting was to be. After eating breakfast, I found my way through Denver to the Dept. of Wildlife HQ building. I was there an hour early. At 11am sharp, the man I needed to see can out to get me. We headed back to his office. He explained everything to me again, read to me everything he had on the case, my statements, a letter from the game warden that I called after the shooting, and the court papers that I signed in Walden afterwards. After reading all of this he told me that he was going to recommend NO suspension for the incident, as in his words, I show genuine remorse and did the right thing by turning myself in. Afterward he explained to me how the point system in Colorado worked. I was given 20 points for Careless Hunting, which is what I plead guilty too. Those points remain in effect for 5 years. But in no way am I unable to hunt Colorado. Now by my decision, I will not hunt Colorado until after November of 2014. That is when my 20 points fall off of the books. If I were to go hunting there again and get in the slightest bit of trouble, ex. not having on a hunter orange hat which is 5 points, I would have to go throught all of this hearing stuff again. So by my choice I will just stay out of Colorado, to save both myself from getting into a bind again, and to keep from costing them the money to do al of the research and all off their time to figure out whether or not I should be able to hunt or not. I am completely happy with the outcome. Thanks again for everyones support.

Jumpsteady