Full Version: Man hits hawk with golf ball; jail to follow
QUOTE
ORLANDO, Florida (AFP) - Pro golfer Tripp Isenhour, facing misdemeanor charges and possible jail time after hitting and killing a hawk that is protected by conservation laws, apologized on Thursday.
The incident took place in December, when Isenhour was taping an instructional golf video at the Grand Cypress golf course in Orlando.
If convicted of cruelty to animals and killing a migratory bird, Isenhour could face up to a year in jail and fines.
In an apology released by the PGA Tour on Thursday, the 39-year-old Isenhour said he was "mortified and extremely upset" by the death of the bird....
"I want to let everyone know there was neither any malice nor deliberate intent whatsoever to hit or harm the hawk," he said in the statement. "I was trying to simply scare it into flying away. As evidenced by our family having adopted three cats from a local shelter, I am an animal lover. We ask that everyone accept my sincerest apology, and please be respectful of my family's privacy."
Video sound engineer Jethro Senger, who reported the incident to authorities several days after it happened, said the red-shouldered hawk disrupted the taping with its screeching from about 300 yards away.
According to Florida Fish and Wildlife Conservation Commission documents, Isenhour drove closer to the bird in a golf cart and hit several balls toward it before giving up and returning to the video set.
The hawk then flew closer to the crew, perching in a tree some 75 yards away.
Isenhour tried again, and on his 10th attempt he hit the hawk, which fell to the ground and bled from its nostrils, Senger told investigators.
Isenhour shouted "I didn't think I would hit it," the reports said.
Another video crew member later buried the bird, which has now been recovered by investigators.
The incident took place in December, when Isenhour was taping an instructional golf video at the Grand Cypress golf course in Orlando.
If convicted of cruelty to animals and killing a migratory bird, Isenhour could face up to a year in jail and fines.
In an apology released by the PGA Tour on Thursday, the 39-year-old Isenhour said he was "mortified and extremely upset" by the death of the bird....
"I want to let everyone know there was neither any malice nor deliberate intent whatsoever to hit or harm the hawk," he said in the statement. "I was trying to simply scare it into flying away. As evidenced by our family having adopted three cats from a local shelter, I am an animal lover. We ask that everyone accept my sincerest apology, and please be respectful of my family's privacy."
Video sound engineer Jethro Senger, who reported the incident to authorities several days after it happened, said the red-shouldered hawk disrupted the taping with its screeching from about 300 yards away.
According to Florida Fish and Wildlife Conservation Commission documents, Isenhour drove closer to the bird in a golf cart and hit several balls toward it before giving up and returning to the video set.
The hawk then flew closer to the crew, perching in a tree some 75 yards away.
Isenhour tried again, and on his 10th attempt he hit the hawk, which fell to the ground and bled from its nostrils, Senger told investigators.
Isenhour shouted "I didn't think I would hit it," the reports said.
Another video crew member later buried the bird, which has now been recovered by investigators.
http://news.yahoo.com/s/afp/20080307/sc_af...0aTHJHI9fJxieAA
Questions for debate:
What should be done to the golfer, and why?
What should be done to the sound engineer who ratted him out?
What should be done to the golfer, and why?
He should be prosecuted in accordance with the law, and if found guilty, should be punished according to the law. The fact of the matter here is that it was a deliberate attempt to injure the bird whether he thought he would hit it or not.
What should be done to the sound engineer who ratted him out?
Nothing, the sound engineer reported a crime. Simple as that. He didn't do anything wrong at all.
Aquilla
He should be prosecuted in accordance with the law, and if found guilty, should be punished according to the law. The fact of the matter here is that it was a deliberate attempt to injure the bird whether he thought he would hit it or not.
What should be done to the sound engineer who ratted him out?
Nothing, the sound engineer reported a crime. Simple as that. He didn't do anything wrong at all.
Aquilla
QUOTE(Aquilla @ Mar 7 2008, 11:10 PM) 
What should be done to the golfer, and why?
He should be prosecuted in accordance with the law, and if found guilty, should be punished according to the law. The fact of the matter here is that it was a deliberate attempt to injure the bird whether he thought he would hit it or not.
What should be done to the sound engineer who ratted him out?
Nothing, the sound engineer reported a crime. Simple as that. He didn't do anything wrong at all.
Aquilla
He should be prosecuted in accordance with the law, and if found guilty, should be punished according to the law. The fact of the matter here is that it was a deliberate attempt to injure the bird whether he thought he would hit it or not.
What should be done to the sound engineer who ratted him out?
Nothing, the sound engineer reported a crime. Simple as that. He didn't do anything wrong at all.
Aquilla
I agree he should be procecuted in accordance with the law if found guilty. I do not see however where it is a fact that he was trying to injure the bird? Wasn't he trying to scare the bird only? Of course, this makes little difference regards to whether he should be prosecuted. Reckless endangerment is not much of a defense.
QUOTE(vanguard @ Mar 7 2008, 06:16 PM)
I do not see however where it is a fact that he was trying to injure the bird? Wasn't he trying to scare the bird only?
Then what in holy hell was he doing if not shooting at the bird.
I agree with the others who have called for prosecution of the golfer.
The sound engineer should be given a medal.
QUOTE(BoF @ Mar 8 2008, 01:03 AM)
QUOTE(vanguard @ Mar 7 2008, 06:16 PM)
I do not see however where it is a fact that he was trying to injure the bird? Wasn't he trying to scare the bird only?
Then what in holy hell was he doing if not shooting at the bird.
I agree with the others who have called for prosecution of the golfer.
The sound engineer should be given a medal.
I wouldn't call attention to this so much if the notion of intent were not such a big deal. Isenhour's actions alone do not confirm this intent to kill though Senger reported as much. Stupid? Yes. Should be prosecuted? Absolutely. Homicidal? Unclear...
QUOTE(vanguard @ Mar 7 2008, 10:19 PM)
QUOTE(BoF @ Mar 8 2008, 01:03 AM)
QUOTE(vanguard @ Mar 7 2008, 06:16 PM)
I do not see however where it is a fact that he was trying to injure the bird? Wasn't he trying to scare the bird only?
Then what in holy hell was he doing if not shooting at the bird.
I agree with the others who have called for prosecution of the golfer.
The sound engineer should be given a medal.
I wouldn't call attention to this so much if the notion of intent were not such a big deal. Isenhour's actions alone do not confirm this intent to kill though Senger reported as much. Stupid? Yes. Should be prosecuted? Absolutely. Homicidal? Unclear...
If I have a gun, point it near someone to scare them away, it goes off, the person is hit and it kills them... am I guilty of homicide? The golfer was trying to scare the bird away by doing something that might possibly harm or kill it.
Questions for debate:
What should be done to the golfer, and why?
Nothing. He wasn't hunting the critter, he was attempting to stop the intrusion of a predator into his livelihood. The predator lost.
What should be done to the sound engineer who ratted him out?
Done by who? The authorities shouldn't do anything. The production company can do whatever they want. Were it my production company, I'd probably take the guy of this gig, and if he squawks, can him. If Isenhour demanded that he be fired, I'd say "don't think so, he did what he thought was right. You don't want to work with him, fine, but I ain't firing him to satisfy you."
BTW, since when are hawks migratory?
What should be done to the golfer, and why?
Nothing. He wasn't hunting the critter, he was attempting to stop the intrusion of a predator into his livelihood. The predator lost.
What should be done to the sound engineer who ratted him out?
Done by who? The authorities shouldn't do anything. The production company can do whatever they want. Were it my production company, I'd probably take the guy of this gig, and if he squawks, can him. If Isenhour demanded that he be fired, I'd say "don't think so, he did what he thought was right. You don't want to work with him, fine, but I ain't firing him to satisfy you."
BTW, since when are hawks migratory?
QUOTE(Bikerdad @ Mar 7 2008, 11:30 PM)
BTW, since when are hawks migratory?
Since yesterday... in God's time.
Hawks are migratory birds... this is not a new fad that all the hawk kids are trying out.
QUOTE
BTW, since when are hawks migratory?
Well, according to wikipedia, the red-shouldered hawk (the species in question) is at least semi-migratory.
Link
QUOTE
These birds are permanent residents throughout most of their range; northern birds do migrate however, wintering mostly in central Mexico.
What should be done to the golfer, and why?
His apology appears to be entirely sincere, and it should be accepted. However, he should face the consequences of what was clearly very reckless behavior. That doesn't mean throwing the book at him, or throwing him in jail; but there should be some official response to what might be called "birdslaughter." Given that this appears to be an act of carelessness rather than malice, the appropriate sentence should be a relatively light one; perhaps a fine and/or some community service. That's up to the legal system.
What should be done to the sound engineer who ratted him out?
A sincere word of thanks from those of us who believe that animals are something more than just property, to be used by human beings in any way they see fit.
What should be done to the golfer, and why?
In my home state of Minnesota, you'd lose your guns if you were caught hunting out of season. They're not very happy if you fish without a license either. But there isn't any hunting season on hawks.
Okay, so you shouldn't be hunting a hawk at any time.
Therefore, confiscate the golf clubs and balls. Why? Because he was hunting with them, the fool.
What should be done to the sound engineer who ratted him out?
I'm for giving the sound engineer a medal, a certificate of merit and a big fat raise funded by the sale of the golfer's golf clubs and balls.
The fundamental issue in this case is who had the intelligence to know the place was a golf course and the ability to kill. The hawk could not have killed the golfer, and likely would never have cared to do so. To the hawk the place was a meadow and probably had rodents running around in it. However, the golfer had the intelligence, the free will and the ability to kill the hawk, so the moron did it.
There you go. Hawk killed, human did the murder by golf club and ball. Responsible citizen reported the crime. Open and shut, just like that.
I don't think jail time is needed here, but it would be funny. What are you in for?
In my home state of Minnesota, you'd lose your guns if you were caught hunting out of season. They're not very happy if you fish without a license either. But there isn't any hunting season on hawks.
Okay, so you shouldn't be hunting a hawk at any time.
Therefore, confiscate the golf clubs and balls. Why? Because he was hunting with them, the fool.
What should be done to the sound engineer who ratted him out?
I'm for giving the sound engineer a medal, a certificate of merit and a big fat raise funded by the sale of the golfer's golf clubs and balls.
The fundamental issue in this case is who had the intelligence to know the place was a golf course and the ability to kill. The hawk could not have killed the golfer, and likely would never have cared to do so. To the hawk the place was a meadow and probably had rodents running around in it. However, the golfer had the intelligence, the free will and the ability to kill the hawk, so the moron did it.
There you go. Hawk killed, human did the murder by golf club and ball. Responsible citizen reported the crime. Open and shut, just like that.
I don't think jail time is needed here, but it would be funny. What are you in for?
QUOTE
Well, according to wikipedia, the red-shouldered hawk (the species in question) is at least semi-migratory.
Given that the incident took place in Florida, the hawks inhabit a range extending all the way up to Vermont, it would be quite a stretch to tag this one as "a northern bird." 'Tis a permanent resident, thus the "migratory bird" crime doesn't apply.QUOTE
human did the murder by golf club and ball.
Murder? That's an awful lot of moral weight to grant to a bird. Too much by my reckoning.
QUOTE(Bikerdad @ Mar 8 2008, 12:04 PM)
QUOTE
Well, according to wikipedia, the red-shouldered hawk (the species in question) is at least semi-migratory.
Given that the incident took place in Florida, the hawks inhabit a range extending all the way up to Vermont, it would be quite a stretch to tag this one as "a northern bird." 'Tis a permanent resident, thus the "migratory bird" crime doesn't apply.So because its migratory pattern doesn't leave the US, it isn't a migratory bird? I'm sorry, but I was unaware that migratory status for animals was based on human geographical boundaries.
QUOTE(entspeak @ Mar 8 2008, 08:40 PM)
QUOTE(Bikerdad @ Mar 8 2008, 12:04 PM)
QUOTE
Well, according to wikipedia, the red-shouldered hawk (the species in question) is at least semi-migratory.
Given that the incident took place in Florida, the hawks inhabit a range extending all the way up to Vermont, it would be quite a stretch to tag this one as "a northern bird." 'Tis a permanent resident, thus the "migratory bird" crime doesn't apply.So because its migratory pattern doesn't leave the US, it isn't a migratory bird? I'm sorry, but I was unaware that migratory status for animals was based on human geographical boundaries.
If you read the quote from Wikipedia that Victoria provided, as well as the link, you'll see that the bird has a range from central Mexico to at least South Dakota/Vermont. The birds in the northern part of the range are migratory, the remainder are not. Florida doesn't qualify as northern, hence the Florida birds are permanent residents. In short, they aren't "snowbirds."
'Tis the Vermonters and Dakota birds (and probably the one's from Michigan, Wisconsin, etc) who beat wings for Mexico come winter.QUOTE(Bikerdad @ Mar 9 2008, 09:13 AM)
QUOTE(entspeak @ Mar 8 2008, 08:40 PM)
QUOTE(Bikerdad @ Mar 8 2008, 12:04 PM)
QUOTE
Well, according to wikipedia, the red-shouldered hawk (the species in question) is at least semi-migratory.
Given that the incident took place in Florida, the hawks inhabit a range extending all the way up to Vermont, it would be quite a stretch to tag this one as "a northern bird." 'Tis a permanent resident, thus the "migratory bird" crime doesn't apply.So because its migratory pattern doesn't leave the US, it isn't a migratory bird? I'm sorry, but I was unaware that migratory status for animals was based on human geographical boundaries.
If you read the quote from Wikipedia that Victoria provided, as well as the link, you'll see that the bird has a range from central Mexico to at least South Dakota/Vermont. The birds in the northern part of the range are migratory, the remainder are not. Florida doesn't qualify as northern, hence the Florida birds are permanent residents. In short, they aren't "snowbirds."
'Tis the Vermonters and Dakota birds (and probably the one's from Michigan, Wisconsin, etc) who beat wings for Mexico come winter.Florida Wildlife Commission
QUOTE
Seasonal Occurrence. In Florida, Red-shouldered Hawks breed from January through May (Kale and Maehr 1990), or through June (B. Millsap, pers. commun.). Most birds reside in Florida, but the states' population is augmented in September and October by fall migrants from northern states.
The incident took place in December, so it is conceivable either that Florida lists the species as migratory because part of the population is migratory. It is also conceivable that the individual bird in this incident was part of a ringing programme, so on recovery of the body the authorities could see that the bird had be caught and ringed in another state - therefore making this individual a migrant by definition.
What should be done to the golfer, and why?
He killed a protected animal, and tried to cover up the evidence, indicating he knew he'd done something wrong. He also admitted to doing so once he was caught.
So he should be tried and found guilty.
He was using golf balls rather than a gun or arrows, and says he didn't mean to kill the bird, so the sentence should maybe be somewhat less than the maximum to reflect the circumstances. But then mitigation should only ever affect sentencing and should never affect the verdict.
What should be done to the sound engineer who ratted him out?
Nothing bad. In fact, he should be rewarded, as should every other witness who comes forward to ensure justice is done. The only "rats" are people who lie on the stand to get someone else convicted of a crime or to get themselves off one. And that's what perjury is for.
All I've got to say to you guys is (1) you are a very tough crowd, and (2) clearly, none of you actually play golf.... 
As an aside, I was playing with a friend several years back. At a par 3 hole, he hit his shot and his seven iron slipped from his hands and flew up into a tree, bringing down lots of pine needles and a branch. All of us had watched the club sail into space.
When we walked to the green, no one could find his ball, and we all figured he hit the ball short and into some heavy rough in front of the green. The rest of the foursome was looking in the rough. Well, when I walked to my ball, which was on the left side of the green, I casually strolled over to the flag and what was in the cup? This guys' ball, and none of us had seen it go in. We knew it was his ball from the ID on the cover.
There were no dead hawks nearby.
As an aside, I was playing with a friend several years back. At a par 3 hole, he hit his shot and his seven iron slipped from his hands and flew up into a tree, bringing down lots of pine needles and a branch. All of us had watched the club sail into space.
When we walked to the green, no one could find his ball, and we all figured he hit the ball short and into some heavy rough in front of the green. The rest of the foursome was looking in the rough. Well, when I walked to my ball, which was on the left side of the green, I casually strolled over to the flag and what was in the cup? This guys' ball, and none of us had seen it go in. We knew it was his ball from the ID on the cover.
There were no dead hawks nearby.
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