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Tuesday, September 21, 2004

Man who shot bear gets fine, no jail time



By Roger Alford
The Associated Press

WHITESBURG, Ky. - A Letcher County man pleaded no contest Monday to illegally shooting a black bear in his back yard in June.

The plea came after his day in court ended in a mistrial when the jury said it was hopelessly deadlocked.

Terry Brock, 36, of Mayking, will pay $250.50 - $125 as a portion of the cost of replacing the bear and $125.50 in court costs. He will serve no jail time and keep his hunting privileges and the rifle used to kill the animal.

He had faced 30 days to a year in jail and a fine of up to $1,000.

"I just didn't want to put my family through the stress of another trial," Brock said as he left the Letcher County Courthouse. "It has been tough on all of us."

Defense attorney Jamie Hatton said the case was considered important in the mountain region, where the number of run-ins between bears and humans is on the rise.

The six-person jury deliberated two hours after the daylong trial in Letcher County District Court.

Brock told jurors that he was surprised he was charged with a crime for killing the 270-pound bear that he feared would attack his family, dogs and horse.

"I didn't think there would be nothing come of it because all I was doing was protecting my family," Brock said during the trial.

Brock said he tried to frighten the bear away by banging on the side of his mobile home and yelling.

Craig Nicholson, a dispatcher for the state agency, said he took the call from the Brocks.

"My statement then was, 'Ma'am, if the bear is threatening you or your livestock, shoot the bear,'" Nicholson testified.

Hatton said Brock did nothing wrong.

"The real question in this case is do you have the right to kill a wildlife species if it is threatening you," he said.

State conservation officer Lt. Frank Campbell said the shooting of the bear was unnecessary.

"In my mind, they were never in danger from that bear," he said.

In June, a Boone County family reporting hitting a bear as they drove on Weaver Road. Fur recovered from the grill of the car was sent to a forensic lab where officials confirmed it was fur from a black bear.

Edward Spevak of the Cincinnati Zoo and Botanical Garden had speculated at the time the bear traveled to the area this spring to eat cicadas.

---

Enquirer reporter Jim Hannah contributed.




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