That horrible crunching sound you just heard may be a $3,000 wound to your family Ford - or other fine car.
This is the time of year when deer begin to move about more often. Not surprising then the incidents of deer taking a collision course with a motor vehicle are on the uptick as well.
Most such accidents occur from October through January. That's not an accident of its own, either.
Ohio Division of Wildlife biologists note that male deer - called bucks - are entering the so-called "rut," a time when they are on the prowl for a doe in heat. The rut in Ohio typically peaks right around Veteran's Day, Nov. 11.
Throwing caution to the wind, bucks will often chase does across highways and are just as likely to ignore the sound of a car horn being set off by a panic-stricken driver.
In Ohio last year, the state recorded 25,146 deer-motor vehicle accidents, a 2.3 percent increase over that seen in 2008. From these accidents were a reported 1,004 human injuries along with four fatalities, says the Ohio Insurance Institute.
As for the most hazardous times of the day, the Ohio Highway Patrol, the Wildlife Division and Ohio Insurance Institute reports that between 5 p.m. and 1 a.m. followed by 5 a.m. to 8 a.m. are the most frequent periods when such accidents occur.
And the average repair bill runs in the neighborhood of about $3,000 with accidents that result in personal injury costing even more.
Ohio's top counties for deer-motor vehicle accidents in 2009 were: Richland (721), Stark (655), Hamilton (614), Summit (575), and Lorain (547).
Locally for both The News-Herald and The Morning Journal readership areas, the 2009 deer-motor vehicle accident figures were (with 2008 figures in parentheses): Lake - 278 (258), Geauga - 307 (324), Cuyahoga - 419 (459), Ashtabula - 267 (277), Trumbull - 428 (467), Medina - 371 (370), Huron - 289 (245), Sandusky - 344 (306).
Jeffrey L. Frischkorn
JFrischkorn@News-Herald.com
Thursday, October 7, 2010
Wednesday, October 6, 2010
Case regarding indicted Wildlife Division officials will go into overtime
Any expectations that a quick end is in sight for the case involving the five indicted Ohio Division of Wildlife officials was squashed Tuesday by Brown County prosecutor Jessica A. Little.
Little has taken the legal steps required to try and turn around the decision announced Monday by Brown County Common Please Court Judge Scott T. Gusweiler.
Gusweiler ruled in favor of the defendants, including the Wildlife Division’s chief, David Graham.
“We filed a notice of appeal (Tuesday). We believe that our case has been harmed so badly that we need the appeals court to look at it and possibly reverse the judge’s decision,” Little said.
At issue was the suppression of material collected during an investigation by the Ohio Inspector General. This disputed material relates to the so-called “Garrity Rule” which protects civil servants against self-incrimination while being investigated internally and thus could face such potentially adverse action as losing one’s job.
It is the contention of the defendants that they are protected by the “Garrity Rule,” with Judge Gusweiler agreeing with the defendants.
These defendants include Chief Graham, assistant Wildlife Division chief Randy Miller, Wildlife Division law enforcement administrator James Lehman, Wildlife District 5 (southwest Ohio) director Todd Haines, and the agency’s human resources manager Michelle Ward-Tackett.
But this interpretation of favoring the defendants - and supported by Judge Gusweiler - is at the heart of Little’s objection.
"We need some case law on this because it is a novel issue," Little said.
"Obviously I am disappointed with the decision and disagree with it but I have a process to remedy and that is to take it before the 12th District Court of Appeals.”
As a result, says Little, an answer to this question alone could take several more months for the appeals court to hear the matter and then render its decision.
“I don’t expect a quick decision on this. It’s not on the fast track,” Little said.
“(The judge’s decision) could have gone either way and it’s difficult to make a decision without prior law; it’s hard, but I respectfully disagree and I have a remedy and that is to go to the appeals court,” Little said.
- Jeffrey L. Frischkorn
JFrischkorn@News-Herald,.com
Little has taken the legal steps required to try and turn around the decision announced Monday by Brown County Common Please Court Judge Scott T. Gusweiler.
Gusweiler ruled in favor of the defendants, including the Wildlife Division’s chief, David Graham.
“We filed a notice of appeal (Tuesday). We believe that our case has been harmed so badly that we need the appeals court to look at it and possibly reverse the judge’s decision,” Little said.
At issue was the suppression of material collected during an investigation by the Ohio Inspector General. This disputed material relates to the so-called “Garrity Rule” which protects civil servants against self-incrimination while being investigated internally and thus could face such potentially adverse action as losing one’s job.
It is the contention of the defendants that they are protected by the “Garrity Rule,” with Judge Gusweiler agreeing with the defendants.
These defendants include Chief Graham, assistant Wildlife Division chief Randy Miller, Wildlife Division law enforcement administrator James Lehman, Wildlife District 5 (southwest Ohio) director Todd Haines, and the agency’s human resources manager Michelle Ward-Tackett.
But this interpretation of favoring the defendants - and supported by Judge Gusweiler - is at the heart of Little’s objection.
"We need some case law on this because it is a novel issue," Little said.
"Obviously I am disappointed with the decision and disagree with it but I have a process to remedy and that is to take it before the 12th District Court of Appeals.”
As a result, says Little, an answer to this question alone could take several more months for the appeals court to hear the matter and then render its decision.
“I don’t expect a quick decision on this. It’s not on the fast track,” Little said.
“(The judge’s decision) could have gone either way and it’s difficult to make a decision without prior law; it’s hard, but I respectfully disagree and I have a remedy and that is to go to the appeals court,” Little said.
- Jeffrey L. Frischkorn
JFrischkorn@News-Herald,.com
Tuesday, October 5, 2010
Indicted Wildlife Division officials win an important court victory UPDATED
The five indicted Ohio Division of Wildlife officials won an important round in Brown County Common Pleas Court Monday.
There, Judge Scott T. Gusweiler ruled in favor of the five defendants, including the Wildlife Division’s chief, David Graham.
At issue was the suppression of material collected during an investigation by the Ohio Inspector General. This disputed material relates to the so-called “Garrity Rule” which protects civil servants against self-incrimination while being investigated internally and thus could face such potentially adverse action as losing one’s job.
It is the contention of the defendants that they are protected by the “Garrity Rule,” though that opinion is opposed by the Brown County Prosecutor Jessica A. Little.
Judge Gusweiler agrees with the defendants, however, a plus for them but a setback for Little.
These defendants include Chief Graham, assistant Wildlife Division chief Randy Miller, Wildlife Division law enforcement administrator James Lehman, Wildlife District 5 (southwest Ohio) director Todd Haines, and the agency’s human resources manager Michelle Ward-Tackett.
Each of the defendants are charged with two fifth-degree felonies for their involvement in a matter that initially focused on Alan Wright, state wildlife officer assigned to Brown County. Charges against Wright were later dropped though a special prosecutor has said he intends to investigate Wright independently and may present his evidence to a grand jury.
The five administrators were placed on paid administrative leave which has thus far cost the Wildlife Division about $190,000.
Gusweiler further states in his Oct. 4 Judgment Entry that prosecutor Little must “...prepare a full and complete transcript of the grand jury proceedings in these cases and forward same to the Court. The law is clear if these statements were used in the Grand Jury or a witness to the statements, to wit: Ron Nichols testified at grand jury these cases must be dismissed.”
Ron Nichols is with the Ohio Inspector General office.
“This is the whole ball game in the case,” said Mike Shelton, spokesman for the parent Ohio Department of Natural Resources. “It’s certainly a significant movement in the case and if the matter is dismissed then the affected employees will return to work. We don’t have a time frame on that and the ruling doesn’t specify when the prosecutor has to submit that but we hope it will be sooner rather than later.”
Shelton also said he earlier mistakenly had expressed the opinion that if the cases do go to trial and the five defendants are ultimately found guilty they would lose their pension benefits.
Not true, and based upon a thorough review of the Ohio Revised Code, Shelton said.
Brown County Prosecutor Jessica A. Little was not available for comment but is expected to return to her office Wednesday.
A call to one of the defendants’ attorneys has not yet been returned.
In other, related, news Ohio Department of Natural Resources director Shawn D. Logan has stepped in fill a large void as a result of the Wildlife Division officials being placed on paid administrative leave.
Former acting Wildlife Division chief - and also a former assistant chief - Jim Marshall stepped down after staying several months beyond his intended retirement.
That left two assistant chief positions vacant pending the Brown County court matter. These posts are temporally being being filled by 25-year Wildlife Division employee Sue Howard as well as Ray Petering.
Howard is the agency's business administrator while Petering is the Wildlife Division's group administrator for its fisheries section.
They join acting chief John Daugherty, who is the Wildlife Division's district manager for District Two (northwest Ohio).
- Jeffrey L. Frischkorn
JFrischkorn@News-Herald.com
There, Judge Scott T. Gusweiler ruled in favor of the five defendants, including the Wildlife Division’s chief, David Graham.
At issue was the suppression of material collected during an investigation by the Ohio Inspector General. This disputed material relates to the so-called “Garrity Rule” which protects civil servants against self-incrimination while being investigated internally and thus could face such potentially adverse action as losing one’s job.
It is the contention of the defendants that they are protected by the “Garrity Rule,” though that opinion is opposed by the Brown County Prosecutor Jessica A. Little.
Judge Gusweiler agrees with the defendants, however, a plus for them but a setback for Little.
These defendants include Chief Graham, assistant Wildlife Division chief Randy Miller, Wildlife Division law enforcement administrator James Lehman, Wildlife District 5 (southwest Ohio) director Todd Haines, and the agency’s human resources manager Michelle Ward-Tackett.
Each of the defendants are charged with two fifth-degree felonies for their involvement in a matter that initially focused on Alan Wright, state wildlife officer assigned to Brown County. Charges against Wright were later dropped though a special prosecutor has said he intends to investigate Wright independently and may present his evidence to a grand jury.
The five administrators were placed on paid administrative leave which has thus far cost the Wildlife Division about $190,000.
Gusweiler further states in his Oct. 4 Judgment Entry that prosecutor Little must “...prepare a full and complete transcript of the grand jury proceedings in these cases and forward same to the Court. The law is clear if these statements were used in the Grand Jury or a witness to the statements, to wit: Ron Nichols testified at grand jury these cases must be dismissed.”
Ron Nichols is with the Ohio Inspector General office.
“This is the whole ball game in the case,” said Mike Shelton, spokesman for the parent Ohio Department of Natural Resources. “It’s certainly a significant movement in the case and if the matter is dismissed then the affected employees will return to work. We don’t have a time frame on that and the ruling doesn’t specify when the prosecutor has to submit that but we hope it will be sooner rather than later.”
Shelton also said he earlier mistakenly had expressed the opinion that if the cases do go to trial and the five defendants are ultimately found guilty they would lose their pension benefits.
Not true, and based upon a thorough review of the Ohio Revised Code, Shelton said.
Brown County Prosecutor Jessica A. Little was not available for comment but is expected to return to her office Wednesday.
A call to one of the defendants’ attorneys has not yet been returned.
In other, related, news Ohio Department of Natural Resources director Shawn D. Logan has stepped in fill a large void as a result of the Wildlife Division officials being placed on paid administrative leave.
Former acting Wildlife Division chief - and also a former assistant chief - Jim Marshall stepped down after staying several months beyond his intended retirement.
That left two assistant chief positions vacant pending the Brown County court matter. These posts are temporally being being filled by 25-year Wildlife Division employee Sue Howard as well as Ray Petering.
Howard is the agency's business administrator while Petering is the Wildlife Division's group administrator for its fisheries section.
They join acting chief John Daugherty, who is the Wildlife Division's district manager for District Two (northwest Ohio).
- Jeffrey L. Frischkorn
JFrischkorn@News-Herald.com
Coyotes have a taste for man's best friend
This morning Steve Myers got a first-hand look at the darker side of Ohio's inflated Eastern coyote population.
And it likely came at the expense of at least one of his neighbor's terriers.
After getting into his Ashtabula County deer-hunting tree stand well before daylight, Myers started to settle in for an opportunity to arrow a deer.
However, Myers quickly found that his deer hunting had ended just as it was starting. He heard some yipping and yapping as a couple of small dogs came racing underneath his tree stand. Not far behind was, first, one coyote and then another.
It was predator chasing prey. And from the wailing sound Myers heard coming from a thicket at least one of the terriers appeared to have lost the race.
Not having much of a shot at a running coyote, Myers had little chance to save the little dog. So it would seem that the terrier became a coyote's fast-food breakfast.
"It happens, and in that kind of situation where the dog is outside of the yard it can be attacked. This is a classic example of why we encourage people to keep their small dogs, especially, in a fenced-in yard," said Dan Kramer, wildlife management supervisor for the Ohio Division of Wildlife's District Three (Northeast Ohio) office in Akron.
"We get calls all the time from folks in Lake, Geauga and Cuyahoga counties that they're seeing coyotes. Coyotes are predators and are very much aware of dogs as prey and take the opportunity to pounce when the time is right."
Though statistics regarding coyote attacks on dogs is a little slim elsewhere the best of such research comes out of Chicago. There, Ohio State University researcher Stanley Gehart has conducted extensive research on all aspects of urban-dwelling coyotes. Including attacks on pets, particularly dogs.
What Gehart expresses in the "Cook County, Illinois Coyote Project" study is that attacks on dogs by coyotes is neither unique nor isolated. The research paper documents 70 such attacks on dogs plus another 10 on cats.
Perhaps not unexpectedly the largest number of attacks were addressed to the smallest of dog breeds: Yorkshire terriers in first, Shih Tzus in second and Jack Russel terriers in third.
If a larger breed dog was attacked - like a Labrador or golden retriever - than the odds favored that a pack of coyotes were involved and not just a single animal.
Too, attacks on dogs begin to soar in October and runs through February, after which coyotes begin denning and are thus less inclined to track down free-roaming dogs as a meal.
That doesn't leave canines free of a coyote threat, however, says Kramer.
Should a dog get too close to a coyote den then the canine will be viewed as a threat and subsequently attacked, Kramer says.
- Jeffrey L. Frischkorn
JFrischkorn@News-Herald.com
And it likely came at the expense of at least one of his neighbor's terriers.
After getting into his Ashtabula County deer-hunting tree stand well before daylight, Myers started to settle in for an opportunity to arrow a deer.
However, Myers quickly found that his deer hunting had ended just as it was starting. He heard some yipping and yapping as a couple of small dogs came racing underneath his tree stand. Not far behind was, first, one coyote and then another.
It was predator chasing prey. And from the wailing sound Myers heard coming from a thicket at least one of the terriers appeared to have lost the race.
Not having much of a shot at a running coyote, Myers had little chance to save the little dog. So it would seem that the terrier became a coyote's fast-food breakfast.
"It happens, and in that kind of situation where the dog is outside of the yard it can be attacked. This is a classic example of why we encourage people to keep their small dogs, especially, in a fenced-in yard," said Dan Kramer, wildlife management supervisor for the Ohio Division of Wildlife's District Three (Northeast Ohio) office in Akron.
"We get calls all the time from folks in Lake, Geauga and Cuyahoga counties that they're seeing coyotes. Coyotes are predators and are very much aware of dogs as prey and take the opportunity to pounce when the time is right."
Though statistics regarding coyote attacks on dogs is a little slim elsewhere the best of such research comes out of Chicago. There, Ohio State University researcher Stanley Gehart has conducted extensive research on all aspects of urban-dwelling coyotes. Including attacks on pets, particularly dogs.
What Gehart expresses in the "Cook County, Illinois Coyote Project" study is that attacks on dogs by coyotes is neither unique nor isolated. The research paper documents 70 such attacks on dogs plus another 10 on cats.
Perhaps not unexpectedly the largest number of attacks were addressed to the smallest of dog breeds: Yorkshire terriers in first, Shih Tzus in second and Jack Russel terriers in third.
If a larger breed dog was attacked - like a Labrador or golden retriever - than the odds favored that a pack of coyotes were involved and not just a single animal.
Too, attacks on dogs begin to soar in October and runs through February, after which coyotes begin denning and are thus less inclined to track down free-roaming dogs as a meal.
That doesn't leave canines free of a coyote threat, however, says Kramer.
Should a dog get too close to a coyote den then the canine will be viewed as a threat and subsequently attacked, Kramer says.
- Jeffrey L. Frischkorn
JFrischkorn@News-Herald.com
Monday, October 4, 2010
Dangerous fishing waters along Texas-Mexico border
A post link from BassFan is enough to send chills up and down any water lover's spine.
The most recent BassFan story links with Fox News on how a 30-year-old American operating a personal watercraft on Falcon Reservoir was gunned down and killed by Mexican pirates. Yes, pirates, just like off the Horn of Africa.
Meanwhile his 29-year-old wife narrowly missed the same fate.
Falcon Reservoirs straddles the Texas-Mexico border between Laredo and McAllen; essentially a very wide spot in the Rio Grande River. It is an enormously popular recreational reservoir and has a prime largemouth bass fisheries.
The Fox News story also says this is the fifth incident involving pirates operating on Falcon Reservoir. These pirates are believed to be members of a Mexican drug cartel and use automatic weapons to make their point.
To see the full post, visit BassFan.com.
- Jeffrey L. Frischkorn
JFrischkorn@News-Herald.com
The most recent BassFan story links with Fox News on how a 30-year-old American operating a personal watercraft on Falcon Reservoir was gunned down and killed by Mexican pirates. Yes, pirates, just like off the Horn of Africa.
Meanwhile his 29-year-old wife narrowly missed the same fate.
Falcon Reservoirs straddles the Texas-Mexico border between Laredo and McAllen; essentially a very wide spot in the Rio Grande River. It is an enormously popular recreational reservoir and has a prime largemouth bass fisheries.
The Fox News story also says this is the fifth incident involving pirates operating on Falcon Reservoir. These pirates are believed to be members of a Mexican drug cartel and use automatic weapons to make their point.
To see the full post, visit BassFan.com.
- Jeffrey L. Frischkorn
JFrischkorn@News-Herald.com
Should have stayed in bed for the whole week
Mondays do not get much worse than today did right out of the chute.
It started very early this morning when my older brother Rich and I poured through a woodlot for 90 minutes in search of a doe that I had arrowed the night before.
No luck, and for an archer there is no worse sinking feeling than having lost a deer. Believe me, it hurts - and hurts badly - when an animal cannot be found.
If anyone hunts deer with either a crossbow or vertically held bow for any length of time the losing of a deer is going to happen. But that doesn't diminish the disappointment.
Part of the problem was that the direction the doe took was through some very heavy cover. That, and during the search I spooked a very thick-furred coyote. On opening morning a week or so back I heard a pack of coyotes howling so I know that my deer has become fodder for the beasts.
Things went from very bad to much worse when I used my mechanical sled to cock the bowstring of my aging Horton Hunter crossbow. The sled's cocking string didn't even come up one-half way when the Hunter's right limb literally exploded, sending shards of carbon, plastic and metal flying in all directions.
My right leg has a nasty red welt where some piece or another struck.
I have no idea why the limb would break in such a fashion unless it had become fatigued after 15-plus years of service or maybe developed a crack of some kind.
Now I'll have focus on using my Horton Vision 175 and turn it over to my 84-year-old father-in-law when he comes up from Florida for his first-ever archery deer hunt.
Wish me luck. And my father-in-law, too.
- Jeffrey L. Frischkorn
JFrischkorn@News-Herald.com
It started very early this morning when my older brother Rich and I poured through a woodlot for 90 minutes in search of a doe that I had arrowed the night before.
No luck, and for an archer there is no worse sinking feeling than having lost a deer. Believe me, it hurts - and hurts badly - when an animal cannot be found.
If anyone hunts deer with either a crossbow or vertically held bow for any length of time the losing of a deer is going to happen. But that doesn't diminish the disappointment.
Part of the problem was that the direction the doe took was through some very heavy cover. That, and during the search I spooked a very thick-furred coyote. On opening morning a week or so back I heard a pack of coyotes howling so I know that my deer has become fodder for the beasts.
Things went from very bad to much worse when I used my mechanical sled to cock the bowstring of my aging Horton Hunter crossbow. The sled's cocking string didn't even come up one-half way when the Hunter's right limb literally exploded, sending shards of carbon, plastic and metal flying in all directions.
My right leg has a nasty red welt where some piece or another struck.
I have no idea why the limb would break in such a fashion unless it had become fatigued after 15-plus years of service or maybe developed a crack of some kind.
Now I'll have focus on using my Horton Vision 175 and turn it over to my 84-year-old father-in-law when he comes up from Florida for his first-ever archery deer hunt.
Wish me luck. And my father-in-law, too.
- Jeffrey L. Frischkorn
JFrischkorn@News-Herald.com
Friday, October 1, 2010
Keepingthe traveling gun owner out of trouble
The Buckeye Firearms Association wants to help ensure that concealed carry permit holders and sportsmen traveling out-of-state are kept from getting into trouble with the law.
The Buckeye Firearms Association is offering the "Travelers Guide to the Firearms Laws of the Fifty States," written by J. Scott Kappas,a Kentucky lawyer and firearms law expert.
At $13.95 (plus $4 for handling and shipping) the book's value would be immeasurable should a gun-owner encounter a legal challenge while transporting a handgun, shotgun, or rifle.
The book features such useful information as a state-by-state summary of gun laws, data on permit requirements, rules regarding self defense, concealed carry, open carry and vehicle carry as well as the legal definition of firearms law terms, and other matters, the Buckeye Firearms Association says.
If the book is brought through the Buckeye Firearms Association part of the proceeds will go toward the group's pro-gun educational sibling, the Buckeye Firearms Foundation.
To buy the book, send a check for $17.95 and payable to the Buckeye Firearms Foundation, Traveler's Firearms Guide, 15 West Winter Street, Delaware, Ohio 43015.
- Jeffrey L. Frischkorn
JFrischkorn@News-Herald.com
The Buckeye Firearms Association is offering the "Travelers Guide to the Firearms Laws of the Fifty States," written by J. Scott Kappas,a Kentucky lawyer and firearms law expert.
At $13.95 (plus $4 for handling and shipping) the book's value would be immeasurable should a gun-owner encounter a legal challenge while transporting a handgun, shotgun, or rifle.
The book features such useful information as a state-by-state summary of gun laws, data on permit requirements, rules regarding self defense, concealed carry, open carry and vehicle carry as well as the legal definition of firearms law terms, and other matters, the Buckeye Firearms Association says.
If the book is brought through the Buckeye Firearms Association part of the proceeds will go toward the group's pro-gun educational sibling, the Buckeye Firearms Foundation.
To buy the book, send a check for $17.95 and payable to the Buckeye Firearms Foundation, Traveler's Firearms Guide, 15 West Winter Street, Delaware, Ohio 43015.
- Jeffrey L. Frischkorn
JFrischkorn@News-Herald.com
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