Fatality While Bear Hunting: A Homicide or an Accident?

When a hunter intentionally fires a weapon and the projectile strikes another human, the manner of death is most often certified as a homicide. The intent of the individual firing the weapon is unknown and the possibility that a hunting “accident” represents a concealed intentional homicide must always be considered. However, in some circumstances such as a documented ricochet, the manner of death may be certified as accident. The death of a hunter who was being mauled by a grizzly bear and subsequently died will be presented. While the man had injuries from the mauling, these injuries were, with treatment, survivable; however, he also had a gunshot wound of the left shoulder into the trunk. His partner had shot the bear, but unfortunately, 1 projectile perforated the bear and struck the decedent. According to the National Association of Medical Examiners' Guide for Manner of Death Classification, if a hunter intentionally fires a weapon and kills a human the manner of death may be classified as homicide; however, if a weapon is discharged and the projectile strikes an object, ricochets, and kills a human, the manner of death may be classified as accident. In the death reported, the scenario does not exactly fit either of the above 2 situations. In this current case, given that (1) the decedent's friend fired a projectile with an intent to hit the bear that was mauling his partner and (2) that the projectile perforating the bear and entering his partner was unintended, ...
Source: The American Journal of Forensic Medicine and Pathology - Category: Forensic Medicine Tags: Case Reports Source Type: research