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Deer Hunter Under Investigation in Shooting Death in King George, Virginia

Games & Inland Fisheries conservation officers are investigating the fatal shooting of a deer hunter by another hunter in King George County. Both were members of a hunting club.

Department of Game and Inland Fisheries spokeswoman Julia Dixon said yesterday that 27-year-old Carrie L. Loving of Fredericksburg was standing near another hunter's truck when she was shot. Dixon also said 28-year-old Forrest D. Matthews Jr. of Fredericksburg shot and killed a deer, and a single buckshot pellet hit Loving in the head. A single  16-guage "double aught" shotgun pellet is almost the same size as a .38 caliber bullet. She later died at Mary Washington Hospital. Loving was wearing blaze orange.

This is a tragedy for all involved. In addition to the death of a young woman, Mr. Matthews will likely be struggling not only with his guilt over the incident, but the fear and anxiety that the potential for a prosecution brings. It is a no-win situation for all parties involved, and their families and friends.

In many accidental shooting cases arising from deer or turkey hunts, there is a tendency for Commonwealth's attorneys and game wardens to assume criminal negligence -- or worse -- played a significacnt part in the victim's death.  If charges are filed against Mr. Matthews in this instance, he would be well advised to obtain the services of an attorney well-schooled in both investigative techniques, and forensic science, to challenge the Commonwealth's theory of the case. I speak to this from personal experience.

Several years ago I defended a deer hunter who was charged with manslaughter in a hunting accident that resulted in the death of his best friend's 16 year old nephew. The case went to trial, but after hearing the Commonwealth's evidence, the judge dismissed the charges, explaining the Commonwealth had failed to put forth sufficient evidence that my client was criminally negligent, or otherwise legally at fault. While my client did not have to serve any time in jail or have a felony conviction on his record, he lives daily with the memory of the events of that tragic day -- and will do so until he dies.

Hunting is a popular sport in Virginia, and for the most part, is conducted without serious injury or death to humans. However, shootings of human beings do occur with more frequency than is necesary. Unintended consequences are best avoided when hunters at all times remain alert to the potential dangers that exist when engaged in this activity.