Hunter who shot at deer but hit occupant of a house gets prison
A hunter in Ohio was sentenced to two years in prison after he shot at a deer and instead struck a man in the foot as he sat on the couch in his home with his wife and baby nearby.
In May, Kasen Smith pleaded guilty to discharging a firearm on or near prohibited premises, injuring a person while hunting, and hunting without permission and in violation of hunting ordinances, as reported by WKBN.
On Dec. 20, 2021, Smith was deer hunting without a license and without permission to hunt on land near Market Street and West Calla Road in Beaver Township. Shooting at a deer, the bullet flew across West Calla Road and struck a resident in his house.
Smith admitted to investigators that he fired in the direction of houses, but he thought he was at a safe distance well inside the woods, according to the police report.
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Smith was sentenced Tuesday by Mahoning County Court of Common Pleas Judge John Durkin, who lessened the prison term after the county assistant prosecutor suggested he do so because of a family tragedy involving a vehicle on June 19, when Smith’s 18-month-old son died, according to The Vindicator.
From The Vindicator:
But in a brief discussion at the bench with the judge and Zena, Yacovone recommended a way to sentence Smith that would allow the judge to grant judicial release to Smith after one year served in prison instead of the 18 months that was anticipated earlier.
The change was to recommend a one-year sentence on discharging a firearm, in addition to the one-year gun specification, instead of three years on the discharging a firearm. That allowed Smith potentially to get out after one year…
“He’s probably already gone through the worst possible thing,” Yacovone said of Smith’s son’s death after the hearing.
Smith surrendered a Ruger American .450 Bushmaster Bolt-Action Rifle to the Ohio Department of Natural Resources, and paid $10,000 in restitution to the victim for his medical bills.