# Mercy killing deer in ditch



## Header (Apr 14, 2004)

On my way to the butcher shop w/two legal deer, I come up on this 6pt in a ditch laying down on a state 2 lane road. As I slow he turns to look at me. Turn around in two drive ways so I on the same side as he is and get out to check him. He can not get up and is balling. Seems as though either his back or hind legs are broke, and has no visible marks on him, no lost hair or cuts. All legs are folded under him like he would just be laying in the woods. His front legs came out as he tried to get up. I go to the truck and load up two rounds and put him out of his missery and used my buck tag on him. Go to the butcher shop then the check in station and dressed him out when I got home, did not want to do it in that blasting winter storm along the road. Was I wrong to take him and use my tag? 
No one has questioned me but one guy here at work shooting that chose to the road. I checked for cars and people first.
On the bright side he was approx. 160-180lbs but may have some truma loss when butchered.


----------



## Shortdrift (Apr 5, 2004)

I believe what you did was illegal as I did that several years ago and darn near got arrested but was let go with a warning. Seems that only a law officer (municipal, county, state or wildlife) is permitted to dispatch the animal. With that being said, I would again do exactly what you did.


----------



## r9ptbuck (Sep 22, 2006)

I would have done the same thing. I hate to see them suffer!


----------



## chase845 (Nov 2, 2005)

Probably illegal. However, you handled it better than I would have. I'm sure I probably would have finished him off, but I don't think I would have been too anxious to burn my buck tag on him. Any cop that gives you a hard time about that is a jerk off, however I'd probably not advertise the situation.


----------



## bkr43050 (Apr 5, 2004)

chase845 said:


> Probably illegal. However, you handled it better than I would have. I'm sure I probably would have finished him off, but I don't think I would have been too anxious to burn my buck tag on him. Any cop that gives you a hard time about that is a jerk off, however I'd probably not advertise the situation.


I agree that I probably would not advertise it. You can simply say that you took a deer that was hit prior and down. That is enough info to get the idea and not enough to give anxious troublemakers anything to go on. Personally I think you did a good deed. Otherwise that deer was going to lay there and rot.


----------



## wave warrior (Oct 2, 2005)

should have called the law...they would have used their ammo and gave you a roadkill tag saving your ammo and tag yet giving you the meat!!!


----------



## bkr43050 (Apr 5, 2004)

wave warrior said:


> should have called the law...they would have used their ammo and gave you a roadkill tag saving your ammo and tag yet giving you the meat!!!


That one is even better yet. That is assuming he still wanted more meat.


----------



## sporty (Apr 6, 2004)

I know a guy that assisted a deputy recently and shot a hit deer. He got a roadkill tag for the deer.


----------



## fisherman5567 (Jan 3, 2007)

wave warrior said:


> should have called the law...they would have used their ammo and gave you a roadkill tag saving your ammo and tag yet giving you the meat!!!


I agree that the killing of the deer was a good thing, but I would be cautious because roadkill deer are not for anyone to take, I was told that since i didnt hit the deer that a person on the "waiting list" would be called to come and get it, just a thought


----------



## Fish-N-Fool (Apr 12, 2004)

Illegal - yes
Ethical - absolutely

I can not stand to see an animal in that shape and most certainly would have dispatched him with or without a tag. I guess I would just have to deal with the local game authorities if it ever happens to me because I would kill that deer as fast as possible every time.


----------



## freyedknot (Apr 10, 2004)

if you called the police ,they would have done it too. but they are the law? i applaud you for doing the right thing. calling the police may have saved you a tag. merry christmas.


----------



## CHOPIQ (Apr 6, 2004)

Coming back from hunting one night I saw a lady in a van hit a deer and kill it. I stopped to make sure she was ok until the police came. After the policeman came I helped him drag the deer out of the road. As the officer was getting his pistol to shoot it the deer died. The deer was only hit in the head so no meat damage was done. The policeman asked her if she wanted it she said no, so I said I'll take it. He wrote me a tag and helped me load it into my truck.


----------



## Mushijobah (May 4, 2004)

Good work. The laws are crafted to ensure illegitimate situations are crimes. Unfortunately, these laws do not account for good samaritan acts. I would have done the same thing, if there was still room in the freezer...which there isn't.


----------



## dodgeboy75 (Feb 20, 2007)

fisherman5567 said:


> I agree that the killing of the deer was a good thing, but I would be cautious because roadkill deer are not for anyone to take, I was told that since i didnt hit the deer that a person on the "waiting list" would be called to come and get it, just a thought


Most police departments have a waiting list that locals sign up for. Having said that, I still would like to thank my POPO brother (CLEMM) for dispatching a deer and not bypassing the list in favor of his own brother!!! He will never here the end of that one


----------



## Fishman (Apr 5, 2004)

Illegal or not you did the right thing. Hats off to you. I probably would of called the authoritys so I didn't have to burn my own tag provided they made it there quickly to reduce the time the animal had to suffer. Regardless good job making the right call.


----------



## c. j. stone (Sep 24, 2006)

Years ago, while coming back from a grouse hunt(yeah, that was many years ago alright!), I came across a big doe hit on an abandoned stretch of road(no houses). She was pathetically 'inch-worming' her way out of the road and into a ditch. It looked like a high speed vehicle had hit her low in the legs and broke all four at the knee joints. I was stopped on the side of the road when Barney Fife(township cop) pulls up lights blaring and gets out, chest all puffed up, and says "How'd you hit that deer without damaging your van"? I told him I didn't hit it but had just come upon it. 
He then says(since I had hunting clothes on), do you have a gun in your vehicle. I say I have a shotgun and he says "why don't you dispatch the animal and take it"? I say, "why don't you with your sidearm"? He says, "I can't discharge my sidearm because I'd have to fill out a two page report if I did and I'm not about to do that"! Just when he says that, the deer mercifully expires, probably due to shock. I told him I'd take it if it didn't punch my deer tag for the upcoming season. He said it wouldn't and he gives me a slip to take it. I have to say, that was the best damned venison I ever had and there wasn't a mark on it anywhere. 
(PS-Wouldn't you know it, there's a large, upscale development and stores now where I field dressed the doe!)


----------



## Fishstix (Aug 16, 2005)

You did the right thing. I would have done the same thing. It sounds like you took all the necessary precautions before you did shoot the deer.

I came upon a Doe who was shot during gun season. She couldn't move because her front legs were blown to pieces...how she got there? I don't know. I was asking my dad if I should put her down, but he told me no because a game warden was across the pond watching us. As we came out of the woods, the game warden stopped us and asked us why we didn't tag a deer that we shot. I told him that we didn't shoot it, we just found it there. We asked him if he would write a tag for it since we knew someone who would take it. He told us no because there was a waiting list.

To make a long story short, we left, he shot the deer and 3 week's later during muzzleloading, we walked back there and she was still laying there rotten. My dad was pretty upset.


----------



## hunt-n-fish (Jun 19, 2007)

Fishstix said:


> You did the right thing. I would have done the same thing. It sounds like you took all the necessary precautions before you did shoot the deer.
> 
> I came upon a Doe who was shot during gun season. She couldn't move because her front legs were blown to pieces...how she got there? I don't know. I was asking my dad if I should put her down, but he told me no because a game warden was across the pond watching us. As we came out of the woods, the game warden stopped us and asked us why we didn't tag a deer that we shot. I told him that we didn't shoot it, we just found it there. We asked him if he would write a tag for it since we knew someone who would take it. He told us no because there was a waiting list.
> 
> To make a long story short, we left, he shot the deer and 3 week's later during muzzleloading, we walked back there and she was still laying there rotten. My dad was pretty upset.


What county did that happen in?


----------



## Kyfisherman1 (Mar 22, 2007)

you guys kill me with your "laws" 

i really don't care who's land it was, or even if it was in the dang wal-mart parking lot, if there is a deer there broken down suffering, put a dang bullet in it....... 

ky must be a heckuva a lot different than ohio, i'd think that a law man here would be more tempted to try to find a reason to fine you for not putting the deer down.......


----------



## swantucky (Dec 21, 2004)

I have run across this situation more than once and I have always been worried about discharging a firearm on the side of the road. I call the sheriff and let them know there is a wounded deer on the side of the road and I am going to finish it and could they send a car out to issue a roadkill tag. I then pin it down and cut its throat, a little barbaric but better than letting the animal suffer. I have never had a problem going this route. It will be a cold day in you know where when I burn my buck tag on a deer I did not kill.


----------



## Fishstix (Aug 16, 2005)

hunt-n-fish said:


> What county did that happen in?


Holmes County


----------



## Kyfisherman1 (Mar 22, 2007)

discharging a firearm from the road? that happens pretty much everyday around where i live..... i shoot from the road i'd say an average of 3 times a day from november to april, shooting at anything from crows, squirrels, coyotes, never been an issue.. 

you guys make ohio sound like another country to me.. i don't road hunt for deer however, if i was just after a doe for meat i wouldn't care, but never would want to take a big buck like that....


----------



## wave warrior (Oct 2, 2005)

Kyfisherman1 said:


> you guys kill me with your "laws"
> 
> i really don't care who's land it was, or even if it was in the dang wal-mart parking lot, if there is a deer there broken down suffering, put a dang bullet in it.......
> 
> ky must be a heckuva a lot different than ohio, i'd think that a law man here would be more tempted to try to find a reason to fine you for not putting the deer down.......


we have laws that we dont agree with... that is fact...but we do try to obey them 'cause they still have laws!!!!! damit


----------



## chase845 (Nov 2, 2005)

Does Kentucky have laws?


----------



## NUM1FIRE (Nov 12, 2005)

i would say no apparently


----------



## Kyfisherman1 (Mar 22, 2007)

kentucky has laws, but they seem to be enforced when necessary, ohio has always been different, even down to speeding, they are nuts over there... 

it is illegal to shoot from the road in ky yes, but game wardens see people do it all the time, i know i've been seen. and it was never a problem, the only people that game wardens really bother around here is people that are just out trying to be a butt u know... the area i live in is really rural, and it's pretty much everyone knows everyone so no one says anything if you shoot a yote in their field, and everyone takes it for granted you have enough sense not to shoot their cow, or their house lol... 

game wardens try to watch for people spotlighting as much as they can here, i'd say thats the main concer it seems. but thing seem to be much more laid back down here........... 

i've seen a ky game warden fired up a time or two, over people driving deer, ohhhhh boy.. wasn't illegal but he found stuff to write them up for, because of such an unethical practice....


----------



## Fishstix (Aug 16, 2005)

If you really think about it, it is no different here in Ohio. I am sure that things like this take place here. You get way out in the sticks and you will find people shooting from road, people hunting on other people's property, spotlighting, etc. There is more that goes on in Ohio than most people will admit. We have a guy who owns property next to ours. I am pretty sure that he shoots far more deer than what the laws state, but I have nothing to prove it. All I know is that he talks about all these deer he shoots, but I never really know how many tags he has used. It just seems he always has a new story and there are more stories than the legal amount of deer you can shoot.


----------



## MATTY DOG (Apr 7, 2005)

had it happend two years ago durring muzzleloading season. we were sitting in the woods and heard a car hit a deer when we came out of the woods the deer was on the side of the road thrashing around we called the local police they said to put it down and bring it to the station. we did, put it down and they tagged it for us.


----------



## Mushijobah (May 4, 2004)

Looks like rumors about Kentucky are true.


----------



## Lundy (Apr 5, 2004)

Laws are in place to protect us from stupid people. I don't think they just one day said lets make a law about shooting from a roadway. No I'm sure the law was enacted because there were problems with people shooting from roadways that necessitated the law being written. I also highly doubt that the law was ever intended to prevent putting down a wounded or injured animal.

I would done what you did with the exception of tagging and removing the doe. I would have shot her(if it could be done safely) and then called the law and waited on their arrival. If they cite me for a violation then I guess I'll just have to have my day in front of a judge. If found guilty and fined, so be it, I'm still going to do what is proper and ethical to me in that situation.

I kill deer, but I'm not going to let one lay there suffering for who knows how long out of fear of violating some law, I'd rather pay a fine, at least I could sleep at night.


----------



## Kyfisherman1 (Mar 22, 2007)

Lundy said:


> Laws are in place to protect us from stupid people. I don't think they just one day said lets make a law about shooting from a roadway. No I'm sure the law was enacted because there were problems with people shooting from roadways that necessitated the law being written. I also highly doubt that the law was ever intended to prevent putting down a wounded or injured animal.
> 
> I would done what you did with the exception of tagging and removing the doe. I would have shot her(if it could be done safely) and then called the law and waited on their arrival. If they cite me for a violation then I guess I'll just have to have my day in front of a judge. If found guilty and fined, so be it, I'm still going to do what is proper and ethical to me in that situation.
> 
> I kill deer, but I'm not going to let one lay there suffering for who knows how long out of fear of violating some law, I'd rather pay a fine, at least I could sleep at night.



exactly.......... 

as far as laws, you are exactly right that laws were put in place to help protect the people from the nutcases out there... 

but to say the rumors about ky are true? i don't know what you mean
i'm sure that if you go into a more public area in ky like you guys have it would be different, but in the areas i live/hunt things tend to take care of themselves... 

when they have public hunts at cave run lake they say it's scary, and thats what i hear about gun season in any public land in ohio, i've talked to several ppl who said they were scared to death to move once they got in the woods.. all the rumors of people driving deer up there really get to people down here, but thats just the different in areas i guess......


----------



## tcba1987 (Jun 22, 2004)

Kyfisherman1 said:


> the area i live in is really rural, and it's pretty much everyone knows everyone so no one says anything if you shoot a yote in their field, and everyone takes it for granted you have enough sense not to shoot their cow, or their house lol...
> ....


I remember when it used to be just like that by my mom and dads house about 25 yrs ago............everyone knew everyone else and we all hunted ALL of the ground around there for a good 2 miles up and down the road on both sides and there was plenty of deer for everyone.now you drive up and down the road and theres no trespassing signs everywhere and most of that ground was bought up by a gun club where they built shooting ranges and NOONE actually hunts the ground anymore except for during deer gun season. Most of the rest of the ground has been bought up for houses a acre at a time and the one big farm that still allows hunting is owned by a guy in his 90s who signs 10 permits a year on a first come first served basis which is great because its never too crowded however the amish (who have no permission) come down and drive his whole farm off every year anyways and shoot any deer they see. the landowner has called the law about the amish and heck before they actually got there they were LONG gone , they told the landowner that they had literally dozens of complaint calls to handle and that they got there as soon as they could , needless to say the land owner doesnt even bother to call the law anymore !!! worst part is ive seen the amish take 3-4 does that had barely lost their spots out of there. i WISH things could go back to the good ole days but it aint gonna happen at least not in Ohio !! around here it gets harder and harder to find ground to hunt on and unfortunately its gonna get worse every year with houses springing up all over the place and the big wigs buying up thier own pieces of hunting heavan yearly and posting it up for themselves and 2-3 of their buddies to hunt on once a year in deer season !!! 

as far as the dispatching of the deer i wouldda shot it and put it out of its misery ..........good call IMO !!!


----------



## WISH IT WAS YOU (Jul 25, 2006)

this happend to my dad and he call the police and they game a shot it it also was a buck they asked use if we wanted the meat we declined because it was hit just behind the ribs andf the meat was probly all brused


----------



## Fishstix (Aug 16, 2005)

TCBA...it is probably like that all over. My uncle owns 40 acres and back about 30 years ago, dad used to hunt all the land surrounding my uncles property. I started hunting 15 years ago and there has been nothing but no trespassing signs up around my uncles property. Over the past 30 years, new people have bought the property and don't want anyone on it, which I totally understand.


----------



## sevenx (Apr 21, 2005)

Header,
I hit one and broke the back legs, I called the police and he came out and dispatched the animal. About an 8 pointer not even close to any deer season. The police officer offered me the meat if I could remove the animal but I could not. He told me that they had a guy that picks them up dress's out the usable meet and donates to the local food bank and soup kitchens. I felt good about it even though I put them animal through so much suffering before he was put down. At least he went to help others. I don't carry a gun yet nor do I hunt so the call was really my only option. Had I had a gun my response would have been to call and ask first or depending on the suffering dispatch him myself. At least he was not left to rot at roadside. Using your buck tag on him though I dont know of a car season was the right thing to do IMO. You gave the opportuntie to shoot one yourself and maybe a bigger buck by doing so and again the meat is not wasted so by the law it may not have been right but I would do the same given the situation So good for you. As others have said it was the right thing to do given his suffering. S


----------



## jmciw17 (Sep 4, 2007)

You did the right thing by dispatching the deer.Unfortunally Ohio laws still go against good people.I am completlley disgusted with the ODNR AND THE YUPPIE LAND OWNERS, I own land in Southern Ohio with a verry large orchard and do not have any substantial deer damage.Odnr wants any thing that moves shot,and for only one purpose,SELL TAGS.There were 5 game wardens sitting around the checking station all week of gun season doing nothing.I have owned this property since 1970,there used to be nice size groups of deer to be seen at all times,with large mature does,now your lucky if you see one mature doe with its two yearlings.Ohio needs to start a quality deer managment program by county before its too late.Its time to cut back on the lazy game wardens and impliment better quality deer management.Sorry if I went off,this is why I refuse to purchase any hunting license's or tags any more.Thank God they have not been able to completely gouge my love for fishing on the great lakes yet.


----------



## Lundy (Apr 5, 2004)

jmciw17 said:


> There were 5 game wardens sitting around the checking station all week of gun season doing nothing.


Welcome to OGF.

It's pretty obvious that you have a lot of pent up frustration for the ODNR for what ever your reasons.

However those that you observed at the check stations were not all, if any were, game wardens, they were just employees of the ODNR, there is a difference. During the deer gun seasons they bring in anyone and everyone to staff the check stations. Just because they are wearing a uniform does not make them a game warden.

I've been hunting this state since 1967 and I have a an 180 degree opposite opinion of the ODNR that you have expressed. I often wonder how people can come up with such widely differing views on the same subject. Has the ODNR done something to you personally over the years to develop this feeling towards them?


----------



## bkr43050 (Apr 5, 2004)

Ohio continues every year to harvest well over 200,000 deer and the numbers are not declining to indicate that the resource is being depleted so as far as numbers I don't think this state has anything to worry about on their deer. As far as quality deer in your particular area that can vary depending on the hunting practices of those involved. If large hunting areas are treated as trophy areas it has been proven that large deer can be grown. I do think some areas do suffer more than others from mismanagement by taking too many immature bucks and not taking enough does out of the herd but overall it all works out. I personally don't believe that the answer is to force people into a harvest practice that may not suit them. Why can't people manage themselves?

People can gripe all they want about our whitetail herd but you will be very hard pressed to find any state around us that even compares. And I don't know how the ODNR can not get at least some of the credit for that.


----------



## Lewis (Apr 5, 2004)

There are more trophy deer in Ohio right now than at any other time.
Here are some stats from the Buckeye Big Buck Club.

The club has kept records of trophy deer since 1958.
There are 144 entries of Deer that score over 200.
92 of those (63%) have been killed since 1990. 

Are you saying that yuppie landowners are killing too many deer?
Could you please explain your venom towards the ODNR?
They have done a miraculous job with our Deer and Turkey.
The herd size continues to grow despite record kill numbers.


----------



## sevenx (Apr 21, 2005)

Living is SW ohio, I see deer everyday on my way to and from work, I have hit and almost hit some good sized bucks. I see many fawn every spring and fully mature good sized do and several button bucks in the spring and I don't think there is any problem with the deer down this way. Thinning the heard is nescassary to improve the overall quality of the heards, they have the extra tags for a reason and if they make money off of it good for them good for the deer good for the hunters, Not all bad in opinion, I do not hunt so I am not versed in many aspects on the sport, but have learned a great deal from these forums and from many friends that do. Personally I like to be able to slow down on the way to drop my kids at school and say look guys. check out the deer. At four and two this is a big thrill for them and for me as well. S


----------



## Header (Apr 14, 2004)

Thanks for all a possitive comments folks, I felt I done the right thing. I used my tag because I had a dead deer in my truck and w/o a tag or police release I would have been fined. I all ready had 2 this year so this 6pt will make my 3, no matter how much meat I get. I can still bow hunt if I feel the need, but its turning cold and I do have 3 and leftovers in the freezer from past hunts I'm finishing up. No, you can't have any of mine it will go to my stomach.


----------



## Shortdrift (Apr 5, 2004)

I personally find your statements regarding the ODNR as well as the Game Wardens way off base.

So you have seen a decrease in the number of deer you see on your property. Seems odd since the herd has increased dramaticly since the 
70's. Perhaps your property has changed in available foodstuff or habitat. Have you done anything to improve the habitat?

To manage our wildlife resources county by county is impractical but the zones established by the ODNR has resulted in a deer population increase in many parts of the state.

Reviewing your last comment regarding lake Erie, It would seem that your low regard for Ohio's management of our game would be extended to blaming them if and when the walleye, perch, bass, etc population drops below the excellent fishing opportunities we enjoy today.

Perhaps you should consider joining a conservation group that works with the ODNR and allow yourself to get an overview of the total picture rather than the narrow observation you put forth.


----------



## sevenx (Apr 21, 2005)

Well said Shorty, By the way how are you feeling, hope all is well, I always enjoy your post's and comments. Merry Christmas. S


----------



## jmciw17 (Sep 4, 2007)

Thanks for your opinion. You must have missed the part that I own a verry large orchard.Also,I am not against the ODNR,I just don't like government waste.Tag and license prices are killing the average working guy out of hunting,and wealthy people are leasing up all the land.If you don't own it,you can't hunt it any more.I was just commenting on TCBA1987 and Fishstix comments.Also,you must not have hunted much in any other states because they are managing by county with point limits,doe only,and bag limits,Michigan,Indianna,Illinois,P.A. are all doing it very successfully.Also,I belong to the Ohio State Trappers Association,National Trappers ,N.R.A.,Turkery Federation,and there are many members that agree that limits are to liberal here in Ohio.These are the organizations who have made good hunting and fishing here through there lobbying efforts. Reviewing my last statement about Lake Erie is that I don't want them to impliment a tag for perch,walleye,bass,steelhead,etc.,like they have done with all of the other wildllife.I stick up for the working guy,not the politicians creating more cost's for the average guy.I'm not the arguing type so don't put me down.Get my drift,Shortdrift.


----------



## chase845 (Nov 2, 2005)

Which bag limits are too liberal? I'm not any type of biologist, but I'd like to meet the guy that considers our doe bag limits too liberal.


----------



## c75 (May 29, 2007)

Speaking with a DOW officer when hunting up at Plumbrook, per Ohio law, you cannot have a loaded firearm ON a road, but once you are even 1" off the road, you can not only legally shoot your firearm, but you can also hunt on that side of the road.....shoot across the road--illegal---stand on the road/pavement and hunt--illegal----walk right next to road and hunt/shoot--totally legal, as long as you have permission from the landowner or are on public land.....so it sounds like you were totally legal discharging your fire arm.


If it was me...I would have called the cops, said the deer had been hit, and had them shoot and help load it for me.....99/100 even though they have people on the road kill lists, they will still give it to who ever is there, the lists are for when there is nobody there to take it, and its less work to give it to you, as they dont have to make a phone call....


----------



## Header (Apr 14, 2004)

Well I got the deer back from the butcher and like I said I did not care how much there was, because I felt good for what I did. I got 10 stix, 10 trail, 10 summer sausage and a few more packs of burger and the loins butterflied. No steaks and I did not ask for roasts. They said the shoulders for steaks were shot up. This is what I can't believe cause I shot him from 3' away in the rib cage behind the shoulder into the heart. Maybe the left one was hit but not both unless he was hit worse than I excepted. Oh well, my freezer is full. If need be and the urge hits me, or a very nice day comes along I can still landowner tag in an urdan zone where I live w/bow.


----------

