Ore. hunter acquitted of killing man mistaken for bear
SALEM, Ore. (AP) - An Oregon hunter has been found not guilty of manslaughter in the shooting death of a Marine reservist from California he says he mistook for a bear.
The Salem jury deliberated for about two hours Friday before acquitting Eugene Collier, The Statesman Journal newspaper reported.
Collier, 68, was the last witness to take the stand. He told jurors he was shooting to kill when he fired the .270-caliber bullet that caused the death of Christopher Ochoa, 20, of French Camp, Calif., in October 2011 near Silver Falls State Park.
Collier was hunting with his 12-year-old grandson and said he was sure he was shooting a bear
"I made a terrible mistake. It was a tragic accident, I didn't mean for it to happen," Collier said. "I'm terribly sorry."
He and his wife met with members of Ochoa's family privately after the trial ended. Neither family spoke with the media after the verdict.
Collier testified Friday he was about 100 yards from his target when he realized he had shot a human.
"I froze," he recalled. "I thought the only person up there was my grandson. Then I realized he wasn't dressed like that."
His grandson heard the shot from his hunting stand and came running,
"Danny came, I said, 'I shot somebody. We got to go get help,'" Collier said.
Prosecutor Tiffany Underwood asked Collier why he had taken Vicodin pain killer before his blood was tested by Marion County sheriff's officials responding to the scene. Collier said he told a deputy about the prescription for a recent knee surgery and thought it would be OK to take when his knee started aching.
Underwood also asked Collier about his 60 years of hunting experience.
"How often do you hit your target?" she asked.
"I will usually make sure I've got a good kill shot," he replied.
During her closing argument, Underwood suggested that Collier was aware of a risk and disregarded it.
"A reasonable person would look at something for longer than two or three seconds before firing at it," she said. "If defendant had looked at Christopher Ochoa for longer than two or three seconds, we might not be here."
But Collier's attorney, Jeff Jones, told jurors the evidence pointed to a tragic accident.
"Sometimes bad things happen to good people when accidents happen," he said.
The Salem jury deliberated for about two hours Friday before acquitting Eugene Collier, The Statesman Journal newspaper reported.
Collier, 68, was the last witness to take the stand. He told jurors he was shooting to kill when he fired the .270-caliber bullet that caused the death of Christopher Ochoa, 20, of French Camp, Calif., in October 2011 near Silver Falls State Park.
Collier was hunting with his 12-year-old grandson and said he was sure he was shooting a bear
"I made a terrible mistake. It was a tragic accident, I didn't mean for it to happen," Collier said. "I'm terribly sorry."
He and his wife met with members of Ochoa's family privately after the trial ended. Neither family spoke with the media after the verdict.
Collier testified Friday he was about 100 yards from his target when he realized he had shot a human.
"I froze," he recalled. "I thought the only person up there was my grandson. Then I realized he wasn't dressed like that."
His grandson heard the shot from his hunting stand and came running,
"Danny came, I said, 'I shot somebody. We got to go get help,'" Collier said.
Prosecutor Tiffany Underwood asked Collier why he had taken Vicodin pain killer before his blood was tested by Marion County sheriff's officials responding to the scene. Collier said he told a deputy about the prescription for a recent knee surgery and thought it would be OK to take when his knee started aching.
Underwood also asked Collier about his 60 years of hunting experience.
"How often do you hit your target?" she asked.
"I will usually make sure I've got a good kill shot," he replied.
During her closing argument, Underwood suggested that Collier was aware of a risk and disregarded it.
"A reasonable person would look at something for longer than two or three seconds before firing at it," she said. "If defendant had looked at Christopher Ochoa for longer than two or three seconds, we might not be here."
But Collier's attorney, Jeff Jones, told jurors the evidence pointed to a tragic accident.
"Sometimes bad things happen to good people when accidents happen," he said.
If Cheney can shoot his friend in the face and get away with it, I guess this makes sense too!
When I took my hunters license course and saw the kind of folks that applied for the license and their blatant disregard for safety, I decided never to go into a forest and hunt if such people are out hunting!!!!!
A terrible accident indeed... and one that shouldn't have happened.Â
what a sham. Kill or be killed in America.
Was the victim wearing orange? That would be the final straw for me. WEAR ORANGE!!Â
Typical, modern juries don't hold anybody accountable for anything. "poor guy, he's suffered enough, he feels so bad".
You don't guess at what you are shooting at, you KNOW what you are shooting at. If it IS a bear and gets away, it was only a trophy anyway. The victim died because of this selfish idiots ego needing to be fed.
@newspuppy The victim was wearing dark clothing and on his hands and knees, according to other articles. This seems like nothing more than a tragic accident.
@Watcher3Â A tragic accident? No! It was a totally negligent act. More 'responsible' gun owners...
It is ultimately the hunters responsibility to identify their target and where the bullet will go beyond the target. Bright colors dark colors it is the shooters responsibility to identify what they are shooting. No exceptions. This man should serve time for the murder of a human being.
Guy should be jailed for a while and then taken out into the wilderness far far away and let him fend for himself.
he said he was sorry so that's that then, huh? loaded on Vicodin, no problem, huh? negligence....at the least.
âHere lies the body of Samuel Brown,
who has untimely passed away,
and although he is dead and gone,
he had the right of wayâ
If you are walking in an area where hunting is legal, and it is hunting season, wear bright reflective gear.Would you go out walking along a narrow dark road in dark clothing?Well, yes I guess some of you would.For those who are that oblivious to reality, please see the above.
@oldster70Â Its he hunter's responsibility to positively identify the target. In this case the hunter is extremely lucky!! I have a hunting license too. If I would have been on jury, I would have pushed for a guilty verdict.
This is negligent behavior, wearing Orange is a safety feature, NOT a requirement!!! The hunter should have "POSITIVELY" identified his/her target and then pull the trigger.
@oldster70 --- So the hunter has no responsibility to insure that what he's shooting at is really what he thinks it is? It's amazing that you would throw the entire blame on the victim. I guess blame the victim is still alive and well...
And who knows, he could have easily been wearing clothes that made it obvious - we don't know. You're making an assumption that he knew he was in hunting territory AND wasn't wearing something that made it obvious he was human instead of a bear....
@FormerMarineSgt I think the bigger point is that you are dead, regardless of whose fault it is. Protect yourself from these idiots who don't know what they are shooting at. Just like people who walk in dark clothes on the side of the road with their backs to traffic. Sure the person that hits you will probably still be at fault, but what good does that do to you when you are six feet under?
@FormerMarineSgt
âI look and thereâs something on its hands and knees. It looks like a bear,â he said. âI adjust to the target, then shoot it. Iâm still certain itâs a bear.â
Perhaps you would like to follow the link provided in the article. When I grew up we knew to wear things like a red vest and hat if going into the woods during hunting season. Yes I do blame the victim of this tragic accident. Had he followed basic common practice, he likely would be alive. I feel for the family, I really do, but as I stated above, would you wear dark clothing walking a dark road? Also see spacegoddess below.
I recall the original incident. The victim and a friend were walking through a field, in hunting territory, in the evening, with dark colors on. It's very unfortunate that he was shot. And the jury apparently agreed that that was what it was as well: Unfortunate. And a sad accident. Should the hunter have paused a moment more? Maybe. But he was trying for a kill shot on what he believed was a bear, and he took it. Should the victim have been walking through a hunting area in dark clothing in the evening? Unfortunately, no. But it's not his fault, either. So at this point, there is no one to truly blame for an unfortunate accident that they both contributed to. I hope he has been resting in peace, and that his spirit looks upon the man who accidentally took his life with pity and forgiveness. He feels awful, too.
@spacegoddess doesn't matter what the victims were wearing. Other species, not in season, aren't wearing blaze orange. Â
There is someone to blame: the guy who pulled the trigger.  Period.
@newspuppy @spacegoddess Good point. If he had shot a deer, cougar or something else he would be paying a heavy fine and at least lose his gun and license? Hadn't thought of it that way. Still think that you should take responsibility for your own life and not walk around the woods during hunting season without orange on. No matter whose fault it is you are still dead!
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@Lrry*x*K Sad isn't it? Now we are instructed to wear bright colors to stay alive from gun morons in our own parks and wilderness... And by the way, this is hardly the first time this has happened in our area.Â
Always wear bright colors when in the woods, folks.
@burton Sound advice, Burton.  Maybe a hunter should have been more careful than to shoot you while wearing dark clothes, but that doesn't make you any less dead.
 burton-- and you need to be a RESPONSIBLE hunter by verifying what you're freaking looking at before you shoot. Seeing motion, aiming and firing at a shadow or shape isn't enough.
My dad was nearly shot by a dumb___ who was 'hunting' about 40 years ago.
My Dad and a friend were working thier way across a ridge in the forest while deer hunting. His friend was a good distance away when my dad heard a round whistle by and impact a tree a couple of feet from him. After dropping to the ground (and then checking his trousers...), he and his friend didn't hear anymore rounds being fired, so he worked his way down the hill in the direction of the shot (look at where the round hit the tree and draw a line - his friend hadn't fired) and was madder than ___... He found a moron at his campfire with his rifle leaning up against his truck... When asked if he had heard anyone firing - the dirtbag lied and said no. While my dad tried to talk to him and find out if he was the one who shot, the moron suddenly jumped up, grabbed his rifle, quckly aimed and fired - and said 'damm, missed it'.... and sat back down.
It took everything that my dad's friend had to stop my dad from starting to beat this moron to death...
It's not just bright colors - it's making sure that what you see really is what you think BEFORE you shoot.
@FormerMarineSgt We are only responsible for what we do. Just as you can always be aware while driving and practice defensive driving at all times, there are always going to be someone who isn't as safe but we really can't MAKE others act responsibly. Sometimes accidents happen as well.
@FormerMarineSgt @Robinsnest to take this to the extreme, what if the victim was wearing a bear suit? People can only see what they can see. The victim was on all fours, in dark clothing. The hunter didn't deliberately try to kill a human. It seems like a tragic combination of circumstances.
@Robinsnest @FormerMarineSgt -- Dude, THAT IS my point.
The shooter IS responsible to insure that what he's shooting at is what he thinks it is.
The shooter is the one using a deadly weapon. His certainty is common sense.
Yeah - the guy should have been wearing bright colors, etc. - but we don't know that he wasn't - everyone on here is ASSUMING that he wasn't.
And we all know what ASSuming does.
@FormerMarineSgt  I agree. And not only that, idiots don't stop to think of where that bullet goes beyond a missed target either. I once lived in a house with woods behind. I was standing in the kitchen admiring a pheasant on top of the backyard fence. A bullet came though the window, missed my head by an inch, ricocheted off the brick fireplace behind me and embedded in my dogs food sack at the other end of the kitchen.   I'm glad your dad was ok.
@FormerMarineSgtÂ
Too bad your dad's friend was there.