Sheriff: Hiker Mistakenly Shot By Oregon Bear Hunter

SUBLIMITY, Ore. -- A California member of the U.S. Marine Corps Reserves was shot and killed in Oregon after authorities say a hunter mistook him for a bear.

Christopher Ochoa, a 20-year-old from French Camp, Calif., and a friend were hiking through a field in Western Oregon on the way to Silver Creek Falls Park on Friday evening.

Ochoa was wearing dark-colored clothing when an Oregon man hunting for bear with his 12-year-old grandson saw something moving in the brush and fired one shot from a .270-caliber rifle, striking Ochoa, the Marion County Sheriff's Office said.

The sheriff's office said the hunter, Gene Collier, 67, hasn't been charged and said the shooting appeared to be accidental but turned the case over to the local district attorney's office.

Collier cooperated with detectives, according to a press release from the sheriff's office, and there was no indication that he was impaired by drugs or alcohol.

Ochoa's family in California told police he and Raymond Westrom, 53, of Lathrop, Calif., were in Salem, Ore., to do work on a house. Ochoa was set to report back for duty on Oct. 25.

Westrom directed Marion County sheriff's deputies through the woods to Ochoa, who was still alive when deputies arrived. The deputies administered first aid, but Ochoa died at the scene.

Bear season in Western Oregon runs from Aug. 1 until Dec. 31. Hunters are permitted to take one black bear per season, with restrictions on cubs less than one year old or sows with cubs.

Comments

[Dawn Mumma]

02:04 PM on 11/10/2011

There is enough blame to go around. Yes a hiker should take special care in areas that are filled with hunters. A person is just as responsible for their safety as a hunter is. With that said, yes the hunter should verify the target, make sure it is legal (after all he could have shot at a momma bear or not even a bear at all). From a legal standpoint the worst that the hunter could be charged with is involuntary manslaughter. I agree that yes he should lose his hunting license. Clearly he has shown little care with the use of a gun. IF it was the grandson who did the shooting I agree with the poster who stated that the grandfather should not cover it up. First off, more often then not the police find out the truth in these matters, two the young boy will need some help in dealing with the matter emotionally as well as any legal matters. The truth is always the best policy.

[Phil Divver]

05:17 AM on 11/01/2011

Guess Ocha hadn't learned much from the Marine Corp. When you go out into the woods, be prepared for all the known & unknown conditions... like wearing hunter orange or at least another bright color during any hunting season if you do not want to become a victim of a tragic accident.

[Sanity Inspector]

05:07 PM on 10/25/2011

Do we have all the facts?

[Unca Allen]

03:41 PM on 10/25/2011

Too bad this simpleton didn't shoot a sow with cubs. That .270 would have just pissed her off. Don't they have to take some kind of test, Like..."Okay, this is a human, got it? Right now this is a black bear...see? Right, no difference, except this one walks on two legs and stands 6 feet tall. This one walks on four legs and is 3.5 feet tall. Now, let's check your eyeglasses...." Why is the Oregon Fish and Wildlife Service so incompetent? Why didn't they make the man sit down and study the rules for five minutes, i.e., the very FIRST rule of hunting is to be SURE of your target.. Rule two: Choose your weapon accordingly. A 30/06 or a .375 magnum is appropriate for a 500lb. black bear. If you hit a bear in the wrong place with a .270, the bear will kill you...and the boy. And finally, do you have enough integrity not to take a human life in exchange for what you THOUGHT was a bear? You're the reason so many people are anti-hunting.

[ericr530]

05:42 PM on 10/25/2011

I tend to agree, I'm not a fan of the .270 Win. either, lot's of deer hit with it and run off and are never recovered. However in the SE US where I live plenty of black bear and deer are taken every year by good ole .30-30 Win. Although it doesn't have the energy of .270 it fires a heavier bullet and has better stopping power IMO. If you're talking about .375 H&H, that is WAY overkill for black bear. You'll likely tear the meat up with that round which is used for 2000lb plus moose and caribou. A .30-06 fits the task nicely though.

[Phil Divver]

05:26 AM on 11/01/2011

I concur the 30.06 round fits the task.

[roscoeshumans]

01:58 PM on 10/25/2011

A hunter not identifying the animal, and shooting something he shouldn't is typically called Poaching. If you shoot a human, it is 100% negligence. If he dies, it is negligent homicide.

There is no excuse for not identifying your target for both a legal AND ethical shot

[Unca Allen]

03:42 PM on 10/25/2011

F&F Who turned this cretin loose into the woods with a loaded gun?

[Phil Divver]

05:32 AM on 11/01/2011

Why would you enter the woods to hunt with an unloaded gun? The real question is..why would one enter the woods unprepared for the condition one may encounter...like wearing hunter orange clothing to avoid a trajic accident as this?

More imortantly, Why do people "don't think" as you do? Think before you open your yapper and thus letting everyone know how ill informed you really are.

[Barb Boso]

01:41 PM on 10/25/2011

Sounds like we need to make hunters take an eye test before getting a hunting license.

[ericr530]

10:45 AM on 10/25/2011

What's even more alarming is the "judge, jury and executioner" posts proclaiming the grandfather a murderer. I shudder to think what would happen if some of these biased folks ever serve on a jury of the innocent-very scary!

[Unca Allen]

03:44 PM on 10/25/2011

Haven't seen those, but a well placed .270 shot will kill any human. If the man is blind, he doesn't get to hunt. If he doesn't know the difference between a man and a bear, he doesn't get a license.

[jacmed]

10:39 AM on 10/25/2011

After reading so many of these posts, I'm appalled at how many people are blaming Christopher Ochoa, the victim. First rule of hunting is don't shoot unless you are absolutely sure of the target. The grandfather shot at "something" he heard in the brush!! Hearing is not seeing! This tragedy would never have occurred no matter what Mr. Ochoa was wearing had the grandfather not been trigger-happy. And I've also seen posts surmising that it was the grandson who shot and the grandfather is taking the blame; okay, if that's the case, fine, I applaud the grandfather for protecting his grandson. But they will both have to live with this tragedy for the rest of their lives no matter who did the shooting. However, either way it's no comfort to the Ochoa family. My heart goes out to them. Rest in peace, Christopher.

[floodberg]

11:03 AM on 10/25/2011

Actually, if grandpa is lying, he's being stupid on both legal and moral grounds. If the kid was 12 and didn't have a hunting license, grandpa would get away with negligent supervision and a few other charges, and the kid would probably escape without doing juvenile time.  Instead, he's teaching his grandson the lesson that lying to protect family is good; and that's a bad idea for the kid, the family and society.  The kid gets off without taking responsibility, so there's no lesson of 'think before you act.'  He should be teaching him that growing up means taking responsibility and that means telling the truth.  That's how a kid learns to think before he does something.

[Unca Allen]

03:54 PM on 10/25/2011

F&F Precisely. I'm 69 and fire all my guns at least twice a month...have been for 50 years. When I take my grandson out, he already knows not to close the bolt on his rifle until he is sure of his target and....in the event he misses, that no one or thing on the other side could be harmed. We fire his rifle 40 rounds before we go on a hunt...to make sure he can hit what he aims at. He knows you don't hunt deer with a .22 and that you don't hunt bear with a .270. He had all this stuff practiced and memorized before he was ever allowed to place a cartridge in a magazine.
_________________
When I was thirty, I was shot by a man with a 12 gauge shotgun. I walked up to him with my squirrel rifle pointed right at him. He said, sorry, he thought I was a squirrel. I told him,"I won't ever see you in these woods again, right?" I never did.

[ericr530]

10:37 AM on 10/25/2011

Just because the young man didn't wear orange or think about safety before he went hiking through the woods that day doesn't justify such overt carelessness by the hunter, so that's not a good attitude either. If someone has good eyesight, they shouldn't be hunting if they don't, and a scope is used, a human is easily distinguishable from a bear on all fours, even at a considerable distance.

[longnkrnch]

10:33 AM on 10/25/2011

It might be classified as an accident, but the hunter is guilty of negligent manslaughter at least.

[longnkrnch]

10:29 AM on 10/25/2011

An irresponsible hunter with an "if its brown its down" mentality. Should be prosecuted. Hunters are obliged to KNOW THIER TARGET prior to taking a shot. I have been a hunter for over 40yrs and this is not acceptable.

[Unca Allen]

03:58 PM on 10/25/2011

In Missouri, we had people who took "sound" shots....shots at what they thought they heard. We listened carefully, and gradually got their licenses revoked...permanently. Coversely, I once watched six men from a deer stand...dismount a pickup with a high-powered rifle in one hand and a six-pack in the other. I left as fast and as quietly as I could.

[gnobie01]

10:19 AM on 10/25/2011

SORRY..been hunting for over thirty years now...had hikers come through my line of fire doing thier best to sound lie a deer...never got hurt...WHY?..BECAUSE A HUNTER IS OBLIGATED TO VISUALLY VERIFY THE TARGET IS A GAME ANIMAL AND IS LEGAL....Any hunter that shoots another person should be prosecuted....

[floodberg]

11:04 AM on 10/25/2011

Bravo, Gnobie01!  Nicely done!

[Unca Allen]

04:00 PM on 10/25/2011

F&F Hell, if I were wearing a ghillie suit and motionless, I still wouldn't look like a bear.

[Phil Divver]

05:46 AM on 11/01/2011

As an archer this is my attire and I am safer wearing it.

[crazyassmp]

10:14 AM on 10/25/2011

I'm willing to bet it was actually the grandson that took the shot. The grandfather is just taking the fall.

[Unca Allen]

04:01 PM on 10/25/2011

He should take it anyway, for not schooling the child.

[jacmed]

10:13 AM on 10/25/2011

Responsible hunters do not -- under any circumstances -- shoot at something that has not been positively identified. Shooting at something moving in the bushes is totally irresponsible. Although it is tragic that both he and his grandson are going to remember this tragedy for the rest of their lives, he should at least serve a sentence for manslaughter and should never be allowed to hunt again.

[ericr530]

09:36 AM on 10/25/2011

Wow! I hope many of you never serve on a jury! The innocent may as well plead guilty! While this was a very tragic, preventable accident the hunter did not commit murder, there was no malice aforethought. Not saying he should get off scot free but at the most he is probably guilty of voluntary manslaughter, he also should never be allowed to hunt again. The worst part is that he and especially his grandson, will have to live with this the rest of their lives.

[roscoeshumans]

01:48 PM on 10/25/2011

NO... The worst part is that someone was negligently killed.

[Unca Allen]

04:04 PM on 10/25/2011

I'll agree to your sentence and restrictions, but keep in mind....not all hunting "accidents" are accidental.