Archery Hunter Killed by ML Hunter

[Poser]

Shooter was arrested and charged with criminally negligent homicide.


DOLORES COUNTY SHERIFF’S OFFICE
State of Colorado
P.O. Box 505
Dove Creek, Colorado 81324
(970) 677-2257 Fax (970) 677-2880
Don Wilson
Sheriff

Date: 09-18-2021
To: Dolores County Residents and Visitors
From: Sheriff Don Wilson
Subject: Hunting incident

On 09-17-2021 at approximately 1048 hrs Law Enforcement personnel, emergency medical personnel, Rico, West Fork, Dove Creek Search and Rescue personnel, Dolores County Coroner, and Colorado Bureau of Investigation were dispatched to Forest Service Road 535 at the Kilpacker Trail Head for a report of a hunter being shot. The hunter who was fatally shot was identified as 31 year old W/M Gregory Gabrisch from Houston, Texas. The individual shooting Gregory was identified as Ronald J. Morosko from Elizabeth, Pennsylvania. Ronald was arrested for Criminally Negligent Homicide and taken to Montezuma County jail. This incident continues to be under investigation.
Thank you for the support from Dunton Hot Springs, Keith Keesling for supplying food and water for personnel involved with the recovery of Mr. Gabrisch. Dolores County Sheriff’s Office appreciates all the volunteers and those who have and continue to assist us with this incident. Please keep the families in your prayers.

_______________________________________
Sheriff Don Wilson


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[11boo]

Shooter was arrested and charged with criminally negligent homicide.


DOLORES COUNTY SHERIFF’S OFFICE
State of Colorado
P.O. Box 505
Dove Creek, Colorado 81324
(970) 677-2257 Fax (970) 677-2880
Don Wilson
Sheriff

Date: 09-18-2021
To: Dolores County Residents and Visitors
From: Sheriff Don Wilson
Subject: Hunting incident

On 09-17-2021 at approximately 1048 hrs Law Enforcement personnel, emergency medical personnel, Rico, West Fork, Dove Creek Search and Rescue personnel, Dolores County Coroner, and Colorado Bureau of Investigation were dispatched to Forest Service Road 535 at the Kilpacker Trail Head for a report of a hunter being shot. The hunter who was fatally shot was identified as 31 year old W/M Gregory Gabrisch from Houston, Texas. The individual shooting Gregory was identified as Ronald J. Morosko from Elizabeth, Pennsylvania. Ronald was arrested for Criminally Negligent Homicide and taken to Montezuma County jail. This incident continues to be under investigation.
Thank you for the support from Dunton Hot Springs, Keith Keesling for supplying food and water for personnel involved with the recovery of Mr. Gabrisch. Dolores County Sheriff’s Office appreciates all the volunteers and those who have and continue to assist us with this incident. Please keep the families in your prayers.

_______________________________________
Sheriff Don Wilson


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Good

 

[schmalzy]

Idiots from the south scare the crap outta me in CO. Those guys shoots at moving bushes. Guarantee these pinheads will be that area. Should be charged with murder.

The ML hunter was said to be from Pennsylvania.

That being said, as a guy from the south, that hunts public land in the south, I hear you.


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[Lee_R]

Its an absolute joke and complete bullshit that CO allows rifles of any kind in the woods during archery season. And as stated before its pretty damn dumb to make the rifle hunters wear orange but not the bowhunters???
The guy who pulled the trigger along with CO Parks and Wildlife should be held accountable.

Archers don't own the woods for the entire month as it's not only "archery season". How arrogant of you, as muzzleloader hunters aren't out there with loaded weapons when it's not their designated season/days. If you don't like it, stay out of the woods during muzzleloader season (you still have the majority if the month) or wear orange and in the meantime, take it up with CPW.

 

[woods89]

We can talk about orange this, orange that, but in the end we are talking about an animal that looks and sounds nothing like a hunter. Additionally, one needs to determine that bulls have a minimum of 4 points on one side. While I know life brings some crazy situations, I can't imagine that a base amount of diligence wouldn't keep these from happening.

Sometimes I have wondered if orange requirements have created an expectation in some people that they will see orange if it's a human, and if we would be better off with no orange requirements and put complete responsibility on the shooter( which is where is it lies, anyway.)

 

[Coveyleader]

We are all guessing on what happened, by that latest report, and charge. Altercation?

 

[cnelk]

We can talk about orange this, orange that, but in the end we are talking about an animal that looks and sounds nothing like a hunter. Additionally, one needs to determine that bulls have a minimum of 4 points on one side. While I know life brings some crazy situations, I can't imagine that a base amount of diligence wouldn't keep these from happening.

Sometimes I have wondered if orange requirements have created an expectation in some people that they will see orange if it's a human, and if we would be better off with no orange requirements and put complete responsibility on the shooter( which is where is it lies, anyway.)

Some ML tags are ES. Identifying antler points isn’t needed.

Confirming what you’re shooting at still does tho

 

[Davebuech]

Some ML tags are ES. Identifying antler points isn’t needed.

Confirming what you’re shooting at still does tho

Wrong!!! Either sex is cow or Bull w 5” brow tine or 4 points or better. You better be identifying points!

 

[cnelk]

Wrong!!! Either sex is cow or Bull w 5” brow tine or 4 points or better. You better be identifying points!

True. But there are some units that have no point restrictions

So many details that are unknown

 

[txtransplant]

How are y'all drawing conclusions based on almost zero facts? I just looked online and can find no additional information so far.

One person shot another person “by accident.” That’s all the facts you need to draw the conclusion that the shooter should be charged with manslaughter. The rest of this “idk maybe the archer had a decoy” talk is totally irrelevant.

edit: I suppose, *technically*, there could be *some* doubt as to intent (ie it *could* have been a self-defense situation.) Barring that, I think the statement above applies.

 

[Erict]

Still few facts to go on, but the charges help to count out certain scenarios. This info from a lawyer site helps to explain What is criminally negligent homicide?



Section 18-3-105 C.R.S. of the Colorado criminal code provides:

Any person who causes the death of another person by conduct amounting to criminal negligence commits criminally negligent homicide which is a [Colorado] class 5 felony.

To help you better understand this legal concept, our Colorado criminal defense lawyers discuss, below:

1. The legal definition of criminal negligence in Colorado

Criminal negligence is defined as the failure to perceive, through a gross deviation from the standard of reasonable care, a substantial and unjustifiable risk that death will result from your conduct. To convict you of homicide resulting from criminal negligence, the jury must determine that the unjustified risk was one that a reasonable person would have perceived in the same situation.

2. The difference between criminally negligent homicide and manslaughter
You commit the Colorado crime of manslaughter when someone dies as a result of your reckless behavior. This means you are aware of — yet you consciously disregard — a substantial and unjustifiable risk of death from your conduct.

If you simply fail to perceive such a risk when you ought to, you have committed criminally negligent homicide. Another way of saying this is that criminally negligent homicide is an unintentional killing caused by your failure to perceive a substantial and unjustifiable risk of death.

In some states, this crime is known as involuntary manslaughter. However, in Colorado, manslaughter is used solely to refer to behavior that rises to the degree of recklessness.

Criminally negligent homicide is a lesser-included offense of manslaughter. Juries often settle on a conviction for homicide arising from criminal negligence when the prosecutor is unable to prove that a defendant was aware of the risk of death from his conduct.

A skilled Colorado criminal lawyer can often get a prosecutor to accept a plea bargain to criminally negligent homicide after successfully challenging some of the prosecution’s evidence on a more serious manslaughter or murder charge.

3. Penalties for criminally negligent homicide

Consequences of a conviction for criminally negligent homicide in Colorado can include:​

• 1-3 years in prison (followed by 2 years mandatory parole), and
• A potential fine of $1,000-$100,000.

4. Defenses to criminally negligent homicide
As in any homicide case, it is the prosecution’s burden to prove you guilty of criminally negligent homicide beyond a reasonable doubt. But an experienced Colorado defense lawyer can greatly improve your chances by introducing evidence to show:

The killing was accidental;

• You did not deviate from a reasonable standard of care;
• Death was not a foreseeable risk of your conduct;
• Your actions were not the proximate cause of death;
• You were the victim of mistaken identification, or
• The police violated your rights by:
  • Not reading you your Miranda rights;
  • Not following police procedures;
  • Coercing a confession; or
  • Obtaining evidence through an illegal search and seizure in violation of your Fourth Amendment rights.

 

[Davebuech]

True. But there are some units that have no point restrictions

So many details that are unknown

No point restrictions (Delores Co units) still have a 5” antler minimum

 

[Poser]

Some ML tags are ES. Identifying antler points isn’t needed.

Confirming what you’re shooting at still does tho

Not in the San Juan units. It’s all sex specific now.

 

[GatorGar247]

I wear a orange camo hat when muzzle starts.. I've seen several idiots hang a target 3 ft off the ground in camp and blast away to test their guns..
I was fishing a creek this year behind the camp ground and heard 22 bullets whizzing by. I circled around and found out a guy hung a 8 inch steel target 4 ft off the ground for his kid to shoot.. I questioned him and he said but there's a big cliff behind camp. I said yes 100 yards across the creek people fish in..

We have hunters ed and long seasons down south .. I'm more scared of people with a 2 week season and zero practice being in the woods..

First thing I was taught at 5 years old is know exactly what you are shooting at and what's beyond your target .. The lack of common sense in the woods is growing tremendously..

 

[Poser]

The ML hunter was said to be from Pennsylvania.

That being said, as a guy from the south, that hunts public land in the south, I hear you.


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There was a Hunter out here from PA a couple of years who built his own cart to fit on the narrow gauge railroad tracks. He was confronted by some RR employees when they rolled up on his jalopy and, according to the employees, he went off on a threatening rampage. Because he was armed, they backed down, left and went back to silverton and got the San Juan county sheriff, who then rode the entire length of the train tracks through the wilderness area and never found him. He also never got on the train itself in the following days. Considering there are only 2 trail exits he could have used: one is 3 miles and 3,000 feet of switchbacks and the other is 5 miles and a couple of thousand feet as well, seems unlikely that he could have escaped with his equipment, but they never found anything.

 

[JTR11]

Everyone is advocating for the same thing- personal responsibility. The best option, IMO? All of the above. Archery hunters would be wise to wear some orange during active firearm seasons. Seems like an easy way to prevent tragedy. Firearm hunters better not even think about touching that trigger if there’s ANYTHING questionable about their shot. Hunter education courses are great but personal mentorship with new hunters is even more important. I was fortunate to have great mentors that have helped me put the Hunter education knowledge in to practice. Take a new hunter upland bird hunting where they have to learn muzzle control in a fast paced environment. Be diligent with your hunting partners and call them out when their muzzle drifts past someone while you’re just hanging out at camp or the truck. Show someone that your gun is indeed clear and unloaded. These are easy things that all help prevent accidents and help build good habits. Be the example you want to see in the woods.

 

[Where's Bruce?]

Archers don't own the woods for the entire month as it's not only "archery season". How arrogant of you, as muzzleloader hunters aren't out there with loaded weapons when it's not their designated season/days. If you don't like it, stay out of the woods during muzzleloader season (you still have the majority if the month) or wear orange and in the meantime, take it up with CPW.

Archers are not putting arrows into gun hunters...you don't understand! There should be complete separation!

 

[Poser]

Archers are not putting arrows into gun hunters...you don't understand! There should be complete separation!

If we follow that logic, then there should be no one (anyone at all) allowed in the woods when people are hunting with guns, including squirrel, rabbit, grouse and Turkey seasons.

 

[roosiebull]

Idiots from the south scare the crap outta me in CO. Those guys shoots at moving bushes. Guarantee these pinheads will be that area. Should be charged with murder.

people from cali probably scare the crap out of people in Co.... stereotypes don't stop at one concept, stereotypes are pretty much only worth a little humor, but that's where their value ends. you know what they say about "those guys" who reside in cali? i wouldn't even know where to start, but the list is long... i think there are more stereotypes about Californians than polocks

 

[Lee_R]

Archers are not putting arrows into gun hunters...you don't understand! There should be complete separation!

I totally understand, I've hunted CO archery and ML season for 15 years in a row.. Read the guy's post that I replied to. He made it sound like Archers owned the woods for the entire month and the muzzleloader hunters don't belong there when in actuality, they have a season too. As I said to him, stay out of the woods during ML season if you're worried or wear orange and in the meantime,, take it up with CPW.