Published: June 26, 2008 11:52 am      

Garrett man gets maximum penalty in negligent hunting case

OAKLAND - Calling it "very scary" that someone would shoot at a target without properly identifying it, District Court Judge H. Jack Price Jr. on Wednesday imposed the maximum penalties upon a Garrett County man who shot another hunter during the muzzleloader season for deer this past Christmas day.

Price, an Allegany County jurist, heard the case in Garrett County, which continues to be without a district court judge.

Jeffrey Linn Orr, 47, Broadford Road, took full responsibility for the negligent shooting incident that wounded Confluence, Pa., resident Larry P. Resh, 65, according to defense attorney William Saltysiak.

Price imposed a fine of $1,500 and revoked Orr's hunting license for five years. He withheld judgment about future ownership of the .50-caliber rifle used in the shooting alongside Hetrick Road near Grantsville at 5:35 p.m. Dec. 25. The end of legal shooting hours that day was 5:23 p.m., police said.

Price based his alarm, he said, on the statement given by Orr to Maryland Natural Resources Police at the time of the shooting that he wasn't sure what he was shooting at and thought it could have been a buck.

Information compiled by NRP Cpl. John Milbourne indicates that Resh was wearing an orange vest and orange headgear at the time. Saltysiak challenged that assertion, saying Orr's wife, Betty Durst, who was with him at the time, had officially stated otherwise. Saltysiak also pointed out that Resh was on private land without permission when he was struck.

Price agreed with Assistant State's Attorney Tracey Henline, who prosecuted the case, that whether or not the victim wore orange was of no consequence.

"You are supposed to wear orange when hunting, but what about kids who would be playing outside? They wouldn't be required to wear orange," Price said, adding that if it was a child who had been hit, the shot would have been just the right height to strike the young person in the head.

Resh, who was hunting with his cousin, Harold Resh, Oakland, was struck in the left abdomen at a distance of 124 yards. The projectile passed through his body, exiting at his back. The victim was flown by Maryland State Police Medevac helicopter Trooper 5 to Cumberland Memorial Hospital, where Resh said he was treated for eight days.

Henline had initially asked that Price require Orr to pay the $24,027 in medical bills that Resh, who is without health insurance, has accumulated.

Saltysiak said the law governing negligent hunting has no provision to require restitution.

All parties noted that a civil suit against Orr and possibly his insurer is likely and that restitution could be addressed at that time or in a possible out-of-court settlement. Attorney Robert L. Allen of Pittsburgh attended the trial and told the Times-News he is considering just such a suit on behalf of Resh, whom he said was struck in the spleen by the bullet.

Henline had also opposed probation before judgment, calling the incident too serious to be dealt with in that manner.

The shooting took place on land owned by William Durst. Harold Resh, in comments outside of the courtroom, said he and the victim had just finished hunting on the Savage River State Forest and were walking on the private property on the way back to their vehicle.

Milbourne said the initial call for help came from Betty Durst via a cell phone. NRP Cpl. Walter May was the first officer to reach the scene.

Contact Michael A. Sawyers at msawyers@times-news.com.