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Man Refuses plea In Bear Killing

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Good Read Man Refuses plea In Bear Killing

Post by OhioFisher Tue Oct 14, 2008 7:56 pm

(C) Ohio Outdoor News :Editor Mike Moore http://ohiooutdoornews.com/

Coshocton, Ohio - A Coshocton County man accused of killing a black bear in his yard this summer refused a plea deal and will take his case to trial.

John C. Tanksley, 35, of Bakersville, is scheduled for trial Nov. 12 in Coshocton Municipal Court.

During a pre-trial hearing Sept. 22, Assistant City Law Director Christie Nelson told Judge Timothy L. France the state would not seek jail time, hunting license suspension, nor forfeiture of the 300 Winchester magnum used to kill the bear in exchange for a guilty or no-contest plea from Tanksley. However, Tanksley would still be subject to fines and $1,000 in restitution for the kill, Nelson said.

Tanksley's defense attorney, Ryan D. Styer, said his client was unwilling to change the not-guilty plea entered on Aug. 7 (Ohio Outdoor News, Aug. 15) and requested a jury trial be set for sometime after the Nov. 4 election. Styer is running for prosecutor in Tuscarawas County.

Styer said Tanksley does not dispute the facts of the case, but had no criminal intent when he shot the state-endangered bear. Tanksley was merely using reasonable force in defending his personal property, the lawyer argued.

"He even called (authorities) and reported what happened," Styer added.

State wildlife officer Bryan Postlethwait, a supervisor in the Division of Wildlife's Athens office, said his agency is pursuing the case in order to send a warning message to those who would destroy a bear or any of Ohio's endangered species.

"We have to be responsible to everyone in the state. We have to protect the resource," Postlethwait said. He noted that in similar situations, many people would simply go in the house and call authorities.

In the hallway after the hearing, Tanksley told Postlethwait that his message was being distorted.

"The next person who shoots a bear just won't bother to call the law," Tanksley said.

According to court documents, Tanksley shot the bear about 2 a.m. on July 23 as it foraged in a trash barrel on his property. Tanksley's Rottweiler first alerted to the bear's presence.

On at least three occasions, according to court documents, Tanksley chased the animal away, but each time it returned to the barrel. On at least one return, it appeared to "charge" or "pounce" at Tanksley.

In a statement to Postlethwait in the days following the incident, Tanksley said he was caught up in the excitement and confusion of the moment and probably shot the bear "too fast," he told the investigator.

Tanksley said he regretted killing the animal and didn't really think the bear would attack him.

The jury trial on Nov. 12 is scheduled for just one day. Styer, the defense attorney, said he would call only two witnesses for the defense, Tanksley, and his girlfriend, Missy Jones.

Killing an endangered animal is a misdemeanor in Ohio, carrying a maximum $1,000 fine and one year of jail time. The $1,000 restitution value for the bear is determined by the Ohio General Assembly.
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