Hit a deer

[Hoky_Tonk69]

Last night around 9:30 pm, my friend hit a deer. He called me up and i went to where he was. We walked along the side of the road looking for the deer to see if it was still alive. After walking about 1/4 mile, we found it. back leg mangled, bleeding from mouth, stumbling when trying to stand, and panting.... we then proceeded to walk back to his truck and wait for the police to arrive. One the tn trooper last name COOPER arrivedand finished his paperwork on the damage to the vehicle we asked the officer if he was going to put the deer down. He said, is it still alive? And does it need to be put down? We said yes it does. He then responded with " its too much paperwork so im not putting it down" i then commented "i have my carry permit and i am armed, do you mind if i put the animal down?" He replied "no, that is against the law" i then requested again for him to put the animal down and again he said no, that it was too much paperwork. We then asked if tomorrow once it was deceased if we could come claim the deer and have it processed. He said no, since its in the ditch, it is against the law to do that.

Does any of this make sense to you all?

[TripleDigitRide]

Cooper is a douchebag.

[vontar]

In a general nut shell.

 

 

One, Road kill in TN is not against the law.  Not recommended though.

2.  He is correct, you legally cannot finish it off  He could but normally I believe they get permission from a TWRA agent.

 

Call TWRA and they will take care of it.

 

Also road kill deer, you have to have permission from TWRA as Deer has to be checked out so to speak.

 

No, I am not looking up references tonight.  If I am wrong someone will point it out.

 

 

I am not a lawyer and I did not stay as a fancy hotel last night.

[Erik88]

That's terrible. I'd probably send his supervisor an email asking for clarification. The animal shouldn't have to suffer because of this.

[Hoky_Tonk69]

I should add, this morning i stopped to check on the deer... all to be found were the internals from a field dressing.

[dralarms]

Vontar, you are correct.

Of course I'd be in trouble because I would have put it down before the cop arrived. Can't stand to see an animal suffer.

[Oh Shoot]

Doesn't perhaps answer every little nuance of every situation, and doesn't address putting one down after you hit it, but TCA says:

 

70-4-115.  Destruction and disposal of wildlife -- Permit -- Penalty.

 

( c ) Motorists are not required to report game accidentally killed by the operation of a motor vehicle. Notwithstanding any other provision of the law to the contrary, wild animals accidentally killed by a motor vehicle may be possessed by any person for personal use and consumption; except that, first, personal possession of a deer accidentally killed by a motor vehicle is permitted only if the person notifies the wildlife resources agency or any law enforcement officer within a reasonable time not to exceed forty-eight (48) hours and supplies that person's name and address; and second, personal possession of a bear accidentally killed by a motor vehicle is permitted only when authorized by an enforcement officer of the wildlife resources agency and the person is issued a kill tag. In deer-kill notification situations where a law enforcement officer rather than someone with the wildlife resources agency is notified, the law enforcement officer or the officer's designee shall be responsible for notifying someone with the wildlife resources agency and supplying the information relevant to the deer-kill. Nothing in this section authorizes possession of federally protected wildlife or wildlife protected by the state under chapter 8 of this title.

 

-----------

 

And from

http://www.tn.gov/twra/faqmain.html

 

I've just hit a deer. What do I do? Who is responsible for the damage to my vehicle?
All big game found dead should be left where found and need not be reported. If you are concerned about the dead deer on the state road, you can call the State Highway Department. If it is on a county road, you may call the County Road Department. Individuals wanting to keep big game found dead must first contact the local Regional TWRA office for authorization. Any vehicle in which an illegally possessed big game animal is found is subject to confiscation. Deer accidentally killed by a motor vehicle may be possessed by any person for personal use and consumption if the TWRA or a local law enforcement agency is notified within 48 hours. You will need to report the incident to your insurance company because the state is not liable for the damages caused by wild animals pursuant to T.C.A. 9-8-307.

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I will say that the LEO was right about the paperwork if he discharges his service weapon at all.

 

I will also say that I met a Knox County officer at range who carried a Cold Steel Recon Scout just for the purpose of finishing off wounded animals on the road.

 

-  OS

Edited January 22, 2013 by Oh Shoot

[vontar]

I didn't say I agreed, had OP said he had put it down I would have suggested a post deletion to protect him from self incrimination.  

 

I remember the first time Dad took me hunting, someone gut shot a doe.  It wasn't even doe season and it came near where Dad and I was and died.

I will never forget the yell that deer made before it died.

 

Dad was even able to talk to the person that shot it and told them where it was and they refused to go get it or even check it.  He said they knew they shot a doe and were just going to leave it.

 

Dad set a good example for me, by going and talking to a Game Warden to see if he would go get it.  He wouldn't said he had already collected 4 or 5 that day.  He wrote dad a permission slip to get it.

 

Dad and I went back after dark and got it.

 

I remember I was only 8 or 9 at the time.

[vontar]

OS nailed it.

 

Sounds like Cooper was in the wrong all for trying to avoid some paper work.

Edited January 22, 2013 by vontar

[Hoky_Tonk69]

This all happened on highway 41 in Springfield tn just past the dmv at the top of the hill

[Hozzie]

I must say, I would have put it down before they got there.  Maybe not in a residential area, but to me it's ridiculous when any form of common sense has left everyone.  I would probably have called for a supervisor right then.  Too much paperwork isn't a reason to not do it.  Heck, I may write a letter and I wasn't even there. 

[rugerla1]

I agree that it is ridiculous to let it suffer because of paperwork. If he had another call to serve and protect, then I'd understand, but at least let you do it after he left? Strange situation.

[Hoky_Tonk69]

He had no other calls. He actually went to taco bell afterwards then sat in Walmart parking lot for an hour

[rugerla1]

Would have been the perfect time to do that paperwork :)

[dralarms]

Well I'm going to say it. If I hit one, I'll put it down, take it home and then call twra. The law says you have 48 hrs and its the only humane thing to do.

[rugerla1]

[quote name="dralarms" post="892419" timestamp="1358826658"]Well I'm going to say it. If I hit one, I'll put it down, take it home and then call twra. The law says you have 48 hrs and its the only humane thing to do.[/quote] I agree 100%!

[Gun Smith]

Well, you'll know what to do next time.  Go ahead and shoot the deer before an officer shows up and say the deer attacked you and that you were in fear for your life.   :shrug:   Officer, I didn't know what else to do.

 

A real shame.

[rugerla1]

Lol

[.357SIG]

Being humane is not always the lawful thing to do, but nothing should have to suffer!

 

Laws of man are made by men, and there is no man that is perfect. Many times laws are not created by using common sense and reason.....as we have seen in the last month.

[dralarms]

There was only 1 perfect man ever, and they hung him on a cross. Shows you just how evil man in general can be.

 

there is no man that is perfect.