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No Charges Forthcoming In Shooting of Grizzly In Denali National Park and Preserve

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Denali National Park and Preserve officials have concluded that a man who shot and killed a grizzly bear in the park's backcountry back in May did so in self-defense and will not be charged with any crime.

The man and his female companion, both of North Pole, Alaska, told investigators that they were talking to each other while hiking up the Tattler Creek drainage when the bear charged them. The two were about 20-25 feet apart when the man heard a noise in the brush to his right, park officials said Wednesday

"He turned and drew a .45 caliber semi-automatic weapon from a holster on his waist belt. Within seconds, a large grizzly bear emerged from the brush about 25 feet away and charged the woman," the officials said. "The man rapidly fired seven to nine rounds at the right side of the bear. The bear stopped several feet from the woman and then moved back into the brush. Both hikers retreated and hiked to the park road, after noting the location on a GPS."

According to park officials, "neither hiker had much backcountry or Alaska experience, and neither carried non-lethal bear spray. Both had watched the park's backcountry and
bear safety orientation video and had proper backcountry permits."

The grizzly's body was found the following day a short distance from the GPS coordinates provided by the hikers. It was a 434-pound older male with several injuries existing prior to the shooting. None of these injuries is believed to be a factor in the incident, park officials said.

"The man stated that he shot the bear in order to defend the life of the woman. The investigation found no evidence to contradict this assertion, and physical evidence collected by park rangers was consistent with the description of the incident provided by the hikers," park officials said. "The man was lawfully in possession of and carrying a firearm per Public Law 111-24, 123 Stat. 1764-65. The discharge of the gun and killing of the bear were violations of 36 CFR 2.4(a)(1)(iii) (using a weapon) and 36 CFR 2.2
(a)(1) (taking of wildlife)."

Until February, when Congress changed the rules, it was illegal to carry a loaded firearm in that portion of Denali. While the rule change now allows hikers to carry firearms in all areas of Denali, it still is illegal to discharge them, park officials said.

However, park officials noted Wednesday that, "There is no federal law in national parks which allows the use of a firearm in defense of life; in Alaska, a state statute does allow the taking of wildlife in defense of life under certain circumstances. The actions in this incident likely would have been a legitimate defense of life under state law. Considering this and other evidence in the case, the park will not pursue criminal prosecution."

The couple's names were not released because no charges were filed against them.

The killing of the grizzly was believed to be the first instance of a hiker killing a grizzly in the park's wilderness. The killing occurred in the original Mount McKinley National Park portion of the Denali, which was expanded by two-thirds in 1980.

Comments

it is perfectly legal under our federal laws for a person to use deadly force to stop a life threathening attack by anything or anyone upon oneself or another. know the law  people and dont make  stupid excuses against  protecting ones life and family or another


Bear spray is good to carry it usually has a 20-30ft range depending on brand, but realisticly a bear can close a good distance in a short timespan so even with the heavy spray fog or cone of a spray is deployed it may not work on the bear given its adrenaline and rate of speed. These are predators that are no stranger to animals that are way stronger than you fighting back. Think about it, bears fight each other and walk away. Just dont underestimate a bear and its adrenaline.

As a backup have a firearm with you if you are legally allowed to posess one and arent a felon. People will say a .45 is underpowered but even a 9mm will work due to its higher capacity and velocity. Just make sure you have good rounds that penetrate. You can let off several rounds before it gets to you and more likely to stop or slow it down and make it stop its attack. This is a complete last resort (i.e. your life or life of persons you are with will end in next minute if you dont deploy lethal force).

Of course avoiding a confrontation will be your first responsibility and priority. Keep an eye out at all times in bear country. Dont let your guard down, keep your eyes and ears open. Keep eyes out for bear feces and other signs of bear activity and avoid the area and have heightened alert while leaving area. Remember if a bear is downwind from you it likely smelled you before it sees you. It may come to take a look and 9 out of 10 times it will look and leave once it realizes you are a human. I hike a lot in bear country and they tend to stay away from humans as much as possible. When you see them they are likely just curious and wont move in on you. Realistically depending on where you are hiking I would worry more about puma or wolves. Bears tend to mind their business. I think most attacks come from injured, sick or otherwise desperate bears.


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