So much for being able to protect your personal property from destruction by wildlife……sort of.
Kevin Kelly, a Christmas tree farmer from Iowa, shot a doe deer last year that was eating his trees. He called the authorities and told them what he did. He was charged with shooting a deer out of season and shooting a deer with a rifle, which is obviously against the law in Iowa. After three days of testimony, it took the jury less than an hour to find him guilty on both counts BUT…..
According to Kelly’s lawyer, the case did establish that Kelly would have had the right to kill the deer if he could prove that the deer was causing “substantial” damage to his property. That’s a bit of gray area there I think but not according to the jury.
The jury took instructions from the judge who told them their decision had to be based on whether on not the defense showed there was substantial damage. Obviously the defense failed to do that.
The prosecution pointed out the Kelly had other options. One option as stated by prosecutor Jeff Renander, was to install an electric fence. He could also have erected an 12-foot high brick wall encompassing his entire estate but who would pay for that? Installing an electric fence isn’t a viable option if you can’t afford to have it done. I have no idea whether Kelly could have or couldn’t have as it is really immaterial. An individual’s rights shouldn’t be determined by one’s ability to pay for that right.
The second option that was discussed was Kelly’s option to apply for a special DNR permit to shoot the deer. Even the prosecution used the term “might have been eligible”. The bottom line there is Kelly did not apply.
The good news is for property owners, the case established that one can protect their property providing they can prove substantial damage. The bad news is, who determines what substantial damage is? Kelly’s attorney said he doesn’t think his client will be shooting anymore deer unless substantial damage has been done. I wonder how much is substantial and is that too based on an individuals wealth?
The judge sentenced Kelly to pay a $100 fine for each count and pay $1,500 restitution for the value of the deer he killed.
Tom Remington
