With Ohio Division of Wildlife agent Kevin Behr still in the hospital recuperating after being shot while engaged in an anti-deer poaching law-enforcement project December 20th, some focus is being directed toward the use by the agency of deer decoys, one of which is said to have been involved in the incident.
Behr was struck in the abdomen by a projectile, and three suspects were arrested with various charges being weighed by the Clinton County (Ohio) prosecutor.
The lead investigator in the case is the Clinton County Sheriffs Office. This agency has remained largely silent on the case except for an initial announcement of the incident, the naming of the three defendants and that Behr was working an anti-deer poaching project.
It is not uncommon for deer decoys – almost always a full body mount of an actual deer rather than a plastic facsimile – to be used in such projects.
Similarly, such decoys may be either a doe or a buck with generally six or fewer antler tines, or “points.” And the decoy may or may not feature remote controlled or pre-set motion capabilities.
In fact, the Ohio Division of Wildlife has an entire set of written protocols for the use of decoys in such operations; the do’s and don’ts spelled out in black and white for all of the agency’s commissioned officers to follow.
“Decoys are a very effective law enforcement tool,” said Brian Banbury, head of the Wildlife Division’s education and information section.
Banbury has been with the agency for 28 years, including 20 years as a field law enforcement officer who used decoys for anti-deer poaching operations during his tenure in the field.
Asked if decoys have become less effective as their use has become more well known, Banbury said “you’d think so but that’s not the case.”
“I know they’ve been used since the 1980s, and I recall one incident where a person shot three times at the decoy. You’d have thought that after the first shot and the deer hadn’t fallen down or else run away he’d have wised up, but he didn’t,” Banbury said.
Decoys also have their time and place as well as when and where they are not nearly so effective. Day time is when they are primarily used, Banbury said, and almost always on private property with the landowner’s consent.
“You are looking to stop a specific complaint or problem, and if a landowner has given permission to someone to hunt you don’t want that person mistaking a decoy for the real thing,” Banbury said.
On the flip side, night time is not the best time. That is because a potential violator is probably shining a spotlight into a field – a practice called “jack-lighting.” That activity in and of itself is probable cause for making a stop, so a decoy really isn’t needed in such incidents, says Banbury.
“Someone who is willingly shooting at a deer out of season or at night knows he shouldn’t be doing that anyway,” Banbury said. “But we still try and keep the bad guys guessing so anything is still possible.”
In regards to the deportment and dress of officers assigned to a decoy-related anti-deer poaching project, in almost every instance the agent is outfitted in camouflage or standard field clothing, Banbury said.
“The object is not for the officer to be seen,” he said.
Commonly as well a minimum number of three officers are involved: One to watch over the decoy while other officers are assigned to one or more “chase” vehicle. This, in order to ensure that an officer is responding in the direction of a poacher’s escaping vehicle, says Banbury.
“It’s much more practical to do it this way,” he said.
Banbury said the professionally taxidermist-mounted decoys are foam-filled so more often than not a projectile passes through the white-tail placebo. Yet should a decoy suffer acute damage there’s nothing preventing the Wildlife Division from seeking court-ordered restitution to buy another one in addition to any fine for the actual shooting incident, Banbury said as well.
“It’s pretty hard to come up with a defense when a person is caught shooting at a decoy,” Banbury said.
Here are the official Ohio Division of Wildlife’s set of rules regarding the use of deer decoys, and published September 1st, 2017:
1) A supervisor must give prior approval for each project involving a decoy.
2) The prosecutor with jurisdiction must be in agreement with the use of decoys and be briefed on applicable regulations and possible charges.
3) When deer enforcement is the objective a the full-bodied decoy will be a doe or buck with six-point antlers maximum. Exceptions for larger deer antlers may be made with supervisor approval.
4) Any enforcement action within our authority or jurisdiction may be taken when using a decoy,, depending on the circumstance. Charges of jacklighting, mishandling a firearm, road shooting, or hunting with the aid of a motor vehicle maybe be typical. An arrest for a felony… should be first approved by the Law Enforcement Supervisor or prosecutor. A decoy is not an actual wild bird or wild quadruped; therefore while the intention of a suspect may be clear to the officer, charges of taking or attempting to take during the closed season, after hours, etc. involving the decoy should be first reviewed with a prosecutor.
5) Observation of decoys by persons predisposed to commit violations and limited routine observation by the general public are factors when determining decoy placement and concealment. Additionally, when selecting a site for decoy use consider the following:
A. Approval of the landowner.
B. The site will provide for the safety of projectiles impacting beyond the decoy.
C. The site should allow access for assisting officers to stop vehicles, and allow for sufficient open viewing of approaching vehicles from either direction. Adequate personnel and vehicles must be present to operate the decoy and apprehend suspects.
D. Personal safety should be kept in mind when setting up and taking down decoys. Officers should not be on the same side of the road as decoys unless the officer’s position allows for a safe observation point where it is unlikely they or their vehicle would be seen.
JFrischk@Ameritech.net
JFrischk4@gmail.com
