Ohio wildlife officer recovering from being shot as three suspects face charges in the incident

With the continued hospitalization of 25-year Ohio Division of Wildlife veteran officer Kevin Behr, more than a little legal attention is being focused on three suspects alleged to have been involved in the shooting.

Behr is said to have been shot in the abdomen about 4 p.m., December 20th – the last day of Ohio’s so-called bonus two-day firearms deer-hunting season - while participating in an anti-deer-poaching assignment in Clinton County.

He was life-flighted to a hospital in Cincinnati and remains hospitalized there and has undergone multiple surgeries.

The latest information says Behr is no longer on a ventilator and is responding to treatment.

Meanwhile, charges have been brought against three defendants accused in the matter.

Among the defendants is Brian R. Liming, 44 of Jamestown. Liming is alleged to have discharged the firearm that led to a projectile striking Behr.

Liming has been charged with a fourth-degree felony that alleges he recklessly caused serious physical harm to a peace officer. Such a charge potentially carries a maximum penalty of up to 18 months in prison and up to a $5,000 fine. (Liming’s case number is CRA2001604, as identified in the Clinton County Clerk of Courts.)

The other charges Liming faces and their maximum punishments are: having a weapon while under disability (up to 36 months prison and up to a $10,000 fine); no deer or wild turkey permit (up to 60 days in jail and a $500 fine); and hunting without permission from the landowner (up to 30 days jail and a $500 fine).

The December 29th hearing was attended by three Ohio Division Wildlife officers working with the Clinton County Sheriffs Office on the case: Wildlife Dvision Investigator Joel Buddelmeyer, Wildlife Officer Supervisor Dave Warner, and Officer Jason Keller.

Also charged in the alleged incident was Bryan Achtermann, 36, of Midland. An account in the “Wilmington News Journal” said Achtermann waived his right to appear at the December 29th hearing. However, a document was filed December 28th by his attorney that entered pleas of not guilty to the charges of allegedly hunting without a license and allegedly not having a permit to hunt deer, these accounts say. (Achtermann’s case number is CRB2001601).

Likewise charged was Thomas J. Davis, 35 of Jamestown. The single charge against him to which he pleaded not guilty was for unlawfully aiding an offender (allegedly Liming, some news accounts say) in prohibited activities, “to wit, hunting unlawfully on land without permission from the land owner,” one account reads. (Davis’s case number is CRB2001601).

In court, City of Wilmington Chief Prosecutor David Henry said that though Davis’ 2015 GMC Sierra pick-up truck was impounded, the Clinton County Sheriffs Office was not interested in seeking eventual forfeiture of the vehicle.

However, news accounts said that Henry was informed by legal consul with the Ohio Department of Natural Resources would likely seek such forfeiture; a point the agency was less than actually willing to commit to seeking.

“(The) ODNR supports any of the legal avenues the prosecutor deems appropriate to ensure justice is served in this matter – this includes forfeiture of the vehicle,” said the Department’s chief of communications Sarah Wickham in a prepared statement.

The Clinton County Prosecutor's office has not yet returned telephone inquiries regarding these cases.

By Jeffrey L. Frischkorn

JFrischk@Ameritech.net

JFrischk4@gmail.com