Hunter who fatally shot another after mistaking him for an elk sentenced to 7 months in jail

[bat119]

Shooting after dark very dangerous move

A Prince Albert man who fatally shot another hunter after mistaking him for an elk is going to jail for seven months.

Austyn Adamko shot Jordan Darchuk on Sept. 16, 2017 while the two men were both hunting elk northeast of Prince Albert.

In March, Adamko pleaded guilty in Melfort provincial court to careless use of a firearm and unauthorized possession of a firearm.

Partner of man killed in hunting accident near Prince Albert dismayed by court outcome

Prince Albert man, 22, charged in accidental shooting death
On Monday, Judge Lloyd Stang sentenced him to seven months in jail to be followed by two years probation.

An agreed statement of facts had detailed how Adamko fired the fatal shot from about 200 metres, after sunset, when Darchuk was crossing a field wearing a red bunnyhug and camouflage backpack.

"This is a situation that is totally out of character, a normally very safe hunter gets caught up in a bad situation and a bad scene where ultimately the tragic loss of life occurs," said Brian Pfefferle, one of Adamko's lawyers.

Pfefferle said that the judge balanced the catastrophic impact on Darchuk's family against the accidental elements of the shooting.

"This isn't some sort of a tit-for-tat, in terms of the sentence somehow being related to the loss of life here. [Judge Stang] makes it very clear that's the not the purpose of sentencing and that's not what he was doing here," he said.

Darchuk's fiance, Jerrica Kress, said she didn't agree with Adamko pleading guilty to a lesser charge. He had originally been charged with criminal negligence causing death.

"It kind of felt like they were trying to say that the accused only really deserved a ticket for killing Jordan," she said in an interview in March.

"So in my perspective, this is just basically saying that, or implying that, anyone can be irresponsible with a firearm and just get a slap on the wrist."

https://www.cbc.ca/news/canada/saska...jail-1.5115543

[fordtruckin]

Sad to see A life lost for a dumb animal...

[Jamie]

Good old CBC for yah. He fired in legal time and even had time to call his Dad for help getting the supposed elk out of the field.

No need to pile on this guy with false ideas by the media. He will have the rest of his life to pile on him self.

What a shame for all involved. 2 lives wasted and familys torn apart.

Know your target folks.

[HunterDave]

I’m pretty sure that I know what direction this thread’s going to go.

I remember a cover on the Ontario Hunting Regs about 20 years ago with a low light photo of a hunter who was silhouetted and looked exactly like a whitetail buck. On the inside of the cover was an enhanced photo where you could see the hunter more clearly with the branches, etc that looked like antlers and the rest of the body of a deer.

I wish that I could find those photos to post up for the usual holier than thou posters that don’t think that it could ever happen to them because I think that it would be an eye opener.

I’m sure that the young fella saw an elk and I’m sure that he is remorseful for the accident. To think otherwise you’d have to think that he’s some sort of psycho. It can and does happen. Is the punishment enough? Considering what he now has to live with......maybe.

[Redneck 7]

I got talking with an instructor at school one day and he said he quit hunting when he almost shot a guy hunting. He and his friend were hunting and said about 100 yards away a deer walked into the field and his friend said there’s a deer shoot it. They both had rifles without optics and he said he raised his rifle and was aiming at the deer and said something didn’t feel right, said it was still legal light but he just didn’t want to shoot. So he didn’t shoot and it turned out to be a man in a light brown fleecy sweater. Joys of hunting crown.

Sad this has happened and honestly I’m kinda surprised it hasn’t happened more the way you see hunters ripping roads and shooting from the truck etc. It’s not worth shooting an animal if you aren’t 100% sure it’s your target animal, just isn’t.

[elkhunter11]

I see no mention of a firearms prohibition, this individual should never be allowed to possess a firearm again, as he obviously can't be trusted to use firearms safely. As for the 7 months for taking a life , that is totally ridiculous.

[jcrayford]

Originally Posted by fordtruckin

Sad to see A life lost for a dumb animal...

^Really? That's what you took out of the story?

Originally Posted by bat119

Shooting after dark very dangerous move

A Prince Albert man who fatally shot another hunter after mistaking him for an elk is going to jail for seven months.

Austyn Adamko shot Jordan Darchuk on Sept. 16, 2017 while the two men were both hunting elk northeast of Prince Albert.

In March, Adamko pleaded guilty in Melfort provincial court to careless use of a firearm and unauthorized possession of a firearm.

Partner of man killed in hunting accident near Prince Albert dismayed by court outcome

Prince Albert man, 22, charged in accidental shooting death
On Monday, Judge Lloyd Stang sentenced him to seven months in jail to be followed by two years probation.

An agreed statement of facts had detailed how Adamko fired the fatal shot from about 200 metres, after sunset, when Darchuk was crossing a field wearing a red bunnyhug and camouflage backpack.

"This is a situation that is totally out of character, a normally very safe hunter gets caught up in a bad situation and a bad scene where ultimately the tragic loss of life occurs," said Brian Pfefferle, one of Adamko's lawyers.

Pfefferle said that the judge balanced the catastrophic impact on Darchuk's family against the accidental elements of the shooting.

"This isn't some sort of a tit-for-tat, in terms of the sentence somehow being related to the loss of life here. [Judge Stang] makes it very clear that's the not the purpose of sentencing and that's not what he was doing here," he said.

Darchuk's fiance, Jerrica Kress, said she didn't agree with Adamko pleading guilty to a lesser charge. He had originally been charged with criminal negligence causing death.

"It kind of felt like they were trying to say that the accused only really deserved a ticket for killing Jordan," she said in an interview in March.

"So in my perspective, this is just basically saying that, or implying that, anyone can be irresponsible with a firearm and just get a slap on the wrist."

https://www.cbc.ca/news/canada/saska...jail-1.5115543

^Hmm.... a gun registry would've helped out here... (I'm kidding!)

J.

[bdub]

"A normally very safe hunter caught up in a bad situation." Got to love that quote.

I wonder if he had a pair of binoculars on him? Every time I see someone wandering around without a pair of binos I get a little queasy feeling because you know damn well they are using their rifle scope to identify targets.

[270person]

Unauthorized possession of a firearm? Like to hear more about that please and if it's true then the sentence is about 5 years light.

If you mistake a human for an animal and take the shot then you should never hunt or own a firearm again. This wasn't an accidental discharge. Pulled the trigger thinking he was shooting at game. Irresponsible Idiot.

[iceburg]

He received a life time ban on firearms and i believe it was because he had no PAL.

[Zip]

Debating on the punishment here is not the real issue, the real issue here is the message, the message that we all need to be aware of our target and beyond before pulling the trigger. Years ago, and I mean years ago now, one of my hunting partners shot his dad in the shoulder while out deer hunting...that has stuck with me now for let's say 45 years...it was a very painful lesson for all of us, but at least no loss of life, bad stuff can happen while we are out hunting.
Just be safe everyone, and pay attention please
Zip

[FXSB]

A few years ago, I was hunting for whitetail. I walked out on a cut line and saw a cow moose a couple of hundred yards down the cut line. I didn’t have a tag so I just enjoyed watching it (not using optics). After a bit this moose lifted its arms. This seemed unusual so I walked down the line and it was a person with dark green jacket, brown pants and dark skin.
I was not excited, did not have a tag, was not expecting to see a moose, eyesight is fine but I still believed it was a moose. It is still a big difference between thinking it was a moose and shooting but it was a good reminder.

[calgarychef]

Although it hasn’t happened to me “yet” I can see how it could happen.

You see an elk, you see what direction the elk goes and you follow. Suddenly you see a flash through the trees and “there’s that elk.” A quick look through your binos and your eyes play a diabolical trick and soon your buddy is dead. It’s easy to lay blame but easy to make a mistake too.

[elkhunter11]

Originally Posted by calgarychef

Although it hasn’t happened to me “yet” I can see how it could happen.

You see an elk, you see what direction the elk goes and you follow. Suddenly you see a flash through the trees and “there’s that elk.” A quick look through your binos and your eyes play a diabolical trick and soon your buddy is dead. It’s easy to lay blame but easy to make a mistake too.

If it was that easy to make a mistake like that, with over a million hunters in Canada, this would be happening a lot more often than it does. It takes a special kind of stupid to look at a person through binoculars or a riflescope, decide that it is a legal big game animal, and then pull the trigger.

[bdub]

If your eyes are playing that much of a trick on your mind that you cannot identify an elk through your binoculars then you need better binoculars or you need to stick to birds or gophers. There really is no excuse. It's criminal. Accidents happen, but putting your scope on an object without being 100% sure and pulling the trigger is murder imo.

[bat119]

I heard a story that happened by porcupine plains sask.

A fellow took a shot at what he thought was a moose coming down a cutline turned out it was another hunter on a quad with two rifle cases sticking up that looked like antlers.
The bullet went low and destroyed the engine fortunately the quad hunter was not hurt and after a heated discussion the shooter wrote a generous check for the damaged quad. The driver cashed the check then went straight to the RCMP and reported the incident, the shooter was subsequently fined, gun confiscated and prohibited from hunting for 5 years.

The moral of the story is hunting rule number one:
Be sure of your target and beyond

[bucksman]

Originally Posted by calgarychef

Although it hasn’t happened to me “yet” I can see how it could happen.

You see an elk, you see what direction the elk goes and you follow. Suddenly you see a flash through the trees and “there’s that elk.” A quick look through your binos and your eyes play a diabolical trick and soon your buddy is dead. It’s easy to lay blame but easy to make a mistake too.

a flash through the trees isn't your buddy walking through a field wearing red though. toss in the after sunset and the unauthorized possession of a firearm

[Jamie]

Originally Posted by bucksman

a flash through the trees isn't your buddy walking through a field wearing red though. toss in the after sunset and the unauthorized possession of a firearm

Oh, because he didn't have a PAL he should go to jail. Give me a break.
Guy who died was wearing a set of shooting sticks on his back. Stupid move if you ask me. Consummate definition of DEAD RIGHT.

Things happen out there. But for the grace of God go I.
I have been fooled in the past. My eyes lied to me. Fortunately it ended with no harm done. Spend enough time outside and things go sideways. Don't get on your Judgie pants till you have lived a 100% perfect life.

[elkhunter11]

Originally Posted by Jamie

Oh, because he didn't have a PAL he should go to jail. Give me a break.
Guy who died was wearing a set of shooting sticks on his back. Stupid move if you ask me. Consummate definition of DEAD RIGHT.

Things happen out there. But for the grace of God go I.
I have been fooled in the past. My eyes lied to me. Fortunately it ended with no harm done. Spend enough time outside and things go sideways. Don't get on your Judgie pants till you have lived a 100% perfect life.

So if wearing shooting sticks on your back is stupid, how are you supposed to carry out horns or antlers? Not everyone hunts where they can drive up to the carcass. The most common way is on your pack, because we don't expect some trigger happy moron to mistake us for game animals and open fire.
As to eyes playing tricks on us, everyone thinks that they may have seen an animal, but anyone with a clue looks at it again, and makes 100% sure that it is a legal game animal before actually pointing a rifle at it, and pulling the trigger.

[huntsfurfish]

Originally Posted by calgarychef

Although it hasn’t happened to me “yet” I can see how it could happen.

You see an elk, you see what direction the elk goes and you follow. Suddenly you see a flash through the trees and “there’s that elk.” A quick look through your binos and your eyes play a diabolical trick and soon your buddy is dead. It’s easy to lay blame but easy to make a mistake too.

Ahh, no.

[huntsfurfish]

Originally Posted by elkhunter11

If it was that easy to make a mistake like that, with over a million hunters in Canada, this would be happening a lot more often than it does. It takes a special kind of stupid to look at a person through binoculars or a riflescope, decide that it is a legal big game animal, and then pull the trigger.

Originally Posted by elkhunter11

So if wearing shooting sticks on your back is stupid, how are you supposed to carry out horns or antlers? Not everyone hunts where they can drive up to the carcass. The most common way is on your pack, because we don't expect some trigger happy moron to mistake us for game animals and open fire.
As to eyes playing tricks on us, everyone thinks that they may have seen an animal, but anyone with a clue looks at it again, and makes 100% sure that it is a legal game animal before actually pointing a rifle at it, and pulling the trigger.

Agree! (bolded)

[JD848]

Human error in the hunting sport doesn't happen to often even though we have millions of hunters.More die in fishing accidents from drownings,some of those could be prevented ,but mistakes are made.

Compared to many other sports hunting is still a very safe sport and accidents like this go back to threads this site has tried to show hunters of all ages on doing it as safe as possible and the most important lesson is to identify your target using bino's.

We have all read the importance of good bino's and why every hunter should own the best set they can afford.

They help you look for you game along with identifying other hunters,there the most valuable piece in your hunting gear package.Without them I wouldn't really want to hunt,i like to judge the size of my game,rack size,back ground beyond my target etc.

All these should be done with bino's and there is really no excuse.Every hunter should own a piar,period.

What happened in this accident can be given many opinions and two lives in reality are destroyed,one died right away and the other will deal with this till the day he dies and will haunt him ever night something I would never want to live with,7 month's 7, years or a lifetime of inner destruction is no easy road to go down.

So many who hate our sport jump to the weak times in our sport and I will not give them that chance,human error occurs every day on our roads and thousand of other ways and none of it is fair,but the road of live isn't easy or perfect to travel at any time.

[Dean2]

Originally Posted by huntsfurfish

Agree! (bolded)

I agree too. Elk, you are spot on. I do not want to hunt with guys that think there is some excuse for this. I have been hunting for 55 years, I have NEVER even come close to shooting a person by mistake nor have I ever shot an animal that was not exactly what I was trying to shoot and exactly the sex, species and horn size I expected it to be.

There may have been no "intent" to cause harm but there does need to be consequences for your actions, mistakes, inattention, poor process or stupidity. The guy that killed half the Bronco team had not "Intent" to kill anyone but his mistakes do need to carry a price. Same when you go hunting. If you can't accept consequences or think this is excusable please do all of us a favour and hang up your guns.

[Zuludog]

Originally Posted by huntsfurfish

Agree! (bolded)

x2

What I hope that people take from this is to REALLY, REALLY take the time needed to make sure that you know what you are aiming at.

If taking the extra time means losing an animal now and then but saving a life then that's the price we should be willing to pay.

When I walk out of the bush after my hunting day is over I wear a strobe light to hopefully prevent situations like this.

[Sooner]

Know your target, look and look again with your optics if your not sure. If you did just miss out on filling your tag, you and the other guy live another day to chase said animal.

I have only had one incident, way back when moose were still on a general tag, afternoon argo ride with a fellow hunter. Way down a line we see something dark. Were hunting moose so we stop and pull up the binos. We could see right away it was not a moose. It was a hunter in dark camo, sitting in a stand of alders. Turn around, go somewhere else.

At that time, most camped at a local spot and took off from there. Met up with mr hunter at camp. He said was was that you on the argo, said yes. Thanked us for going the other way. I said Np but FYI, someone might mistake you for a moose. All you were from that far was a black spot in the thick alders.


99.9 percent of the time, your going to be safe but you never know who is on the other end looking your way. The poor fellow in this thread never figured he would not come home.

[270person]

Originally Posted by Jamie

Oh, because he didn't have a PAL he should go to jail. Give me a break.
Guy who died was wearing a set of shooting sticks on his back. Stupid move if you ask me. Consummate definition of DEAD RIGHT.

Things happen out there. But for the grace of God go I.
I have been fooled in the past. My eyes lied to me. Fortunately it ended with no harm done. Spend enough time outside and things go sideways. Don't get on your Judgie pants till you have lived a 100% perfect life.

Now it's the kid carrying shooting sticks that's at fault. How ridiculous.

So all hunters now have to beware when carrying a slinged rifle over their shoulder. Some imbecile that can't tell a human from an elk might mistake you for a one horned ungulate.
And whatever you do, don't chew two toothpicks at once when walking thru the bush in November. Wouldn't want to get mistaken for a spiker.

So happy that I hunt private land.

[Jamie]

Originally Posted by 270person

Now it's the kid carrying shooting sticks that's at fault. How ridiculous.

So all hunters now have to beware when carrying a slinged rifle over their shoulder. Some imbecile that can't tell a human from an elk might mistake you for a one horned ungulate.
And whatever you do, don't chew two toothpicks at once when walking thru the bush in November. Wouldn't want to get mistaken for a spiker.

So happy that I hunt private land.

No, not his fault at all. But he is the dead one. Your damn right you need to be aware. You cant count on anyone at any time for your own personal safety.

[elkhunter11]

Given that the criminal courts went very easy on the shooter, I am hoping that there is a lawsuit, and the civil court does not go easy on the shooter. If people like this don't take the time to properly identify targets out of concern for other people, and there is no threat of a harsh sentence from the criminal courts, hopefully the fear of financial ruin will make them take a few more seconds to properly identify their target before pulling the trigger.

[270person]

Originally Posted by Jamie

No, not his fault at all. But he is the dead one. Your damn right you need to be aware. You cant count on anyone at any time for your own personal safety.

Should be able to count on another hunter being able to discern between a 200 pound biped and a 700 pound quadraped.

If you can't then do the rest of us a favor and cease hunting immediately. You clearly are not fit to carry a rifle in a hunting situation.

[kingrat]

From what I read they were driving down the road with minutes of legal time left, they saw a cow elk in a field and his friend said theres a spike which happened to be the deceased walking. Young man jumps out and shoots what he thinks is also a spike elk than phones his dad to come help with the gutting etc. Either way two families are ruined for ever. This is a high pressure area that is bulls only for what its worth. Personally I walk with a headlamp on at dusk when walking out.