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Forest Service Officer Shot and Killed By Coyote Hunters Using Night Vision
By Nick Carter
Posted Tuesday March 30 2010, 3:33 PM
A coyote hunter using night-vision equipment on a semi-automatic .223 rifle shot and killed a U.S. Forest Service law-enforcement officer March 5 at the Ocmulgee Bluff Equestrian Recreation Area of Oconee National Forest in Jasper County.
Officer Christopher Arby Upton, 37, of Monroe, was on patrol at about 11 p.m. when Norman Clinton Hale, 40, of McDonough, mistook the officer for a coyote and shot him in the head, killing him instantly.
Steven Ruppert, special agent in charge for the Southern Region of the U.S. Forest Service, said Upton’s presence in the woods at 11 p.m. was routine.
“As for our officers being out and about after hours, that is typical,” he said. “That’s when we want our officers to be out there.”
Capt. Barry Fincher, with DNR Law Enforcement, said there had been complaints in the area.
“Upton was working an ongoing complaint down at the horse park,” said Fincher. “It’s a tragic situation all around. It’s tragic foremost for the family, and also for us as conservation officers and for the community and hunters. We need to identify our targets.”
Capt. Fincher said the rifle was mounted with a sophisticated scope with both night vision and infrared imaging.
“Apparently he was convinced he was looking at a coyote’s eye,” Fincher said. “And once you pull the trigger, there are no timeouts.”
The hunters called 911 to report the incident shortly after the shooting.
The use of such scopes is legal for hunting coyotes in Georgia, as well as on national-forest land, but the area where Hale and a friend, Clifford Allen McGouirk, 41, of Jackson, were hunting may have been off limits to hunting.
Apparently there is some confusion among Forest Service personnel as to the size of the area that is off limits to hunting at the Ocmulgee Bluff Equestrian Area. District Ranger Erin Bronk said the area around the more than 25 miles of trail system at the equestrian area has been open to hunting in the past. She said the Forest Service goes by WRD rules concerning hunting around developed areas. She could not give an acreage of the developed area at Ocmulgee Bluff. She said it consists of a trailhead with a parking lot, restroom facilities and a sign board.
DNR’s regulation prohibits discharge of a weapon within 50 yards of a public road, said DNR Law Enforcement Assistant Chief Homer Bryson. He would not provide details in an ongoing investigation, but he did say the equestrian area is a designated no-hunting safety zone.
No charges have been filed against Hale or McGouirk pending the investigation, which is being conducted jointly by Forest Service Law Enforcement, DNR Law Enforcement and the FBI.
“Once we gather all the evidence, we’ll lay it out in front of the U.S. Attorney’s Office and the local D.A,” said Lt. Col. Bryson. “We’ll decide which way we’re going and what we’re going to do from there.”
Bryson said investigators are waiting on reports from the autopsy as well as reports on testing of the weapon before going public with results of the investigation.
A memorial service was held for Officer Upton in Athens on March 13. It was attended by hundreds of law-enforcement officers and forest-service employees, according to a report in the Athens Banner Herald.
“This is a tragic incident where the loss of a federal officer’s life could have been avoided,” said Ruppert. “This is a devastating loss for Chris’ family, our agency, other law-enforcement officers and his friends and neighbors in Monroe.”
Upton is survived by his wife, Jessica, and a 4-year-old daughter, Annabelle.
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Here yoyu go Buddy
the reason Washington might lose night hunting.
- Hemi01
- Silent Mouth

- Posts: 51
- Joined: Sat Oct 03, 2009 5:27 pm
- Location: SW Washington & Georgia
- Contact:
the reason Washington might lose night hunting.
hunt to live! live to hunt!
Re: the reason Washington might lose night hunting.
i've often wondered about the older generation technologies suitability for hunters. some of it is so poor that unless it's a absolute kill area I'd be wary of pulling the trigger the images are so blurred and grainy it's hard tobe sure of range and if there's much between you and the target or beyond. even the very best current stuff takes some experience in using it effectively. and infrared is pushing common sense some. how could yu tell between a coyote or a dog? and heat signatures are messy any way.
Re: the reason Washington might lose night hunting.
Thankfully I beleive we have beat this issue. But If you haven't emailed Lori Preuss do so now it just takes 5 minutes of your time.
I think that the issue we are against shouldn't be hunting at night but spot lighting and the use of night vision.
I don't know the law on night vision here but from what I have heard from a few people it is illegal for some game.
And as for spot lighting: It's illegal in Oregon. And maybe the law needs to be tighter here. Such as it must be under a certain candle power if it's portable and if its not portable it must be attached to a vehicle.
Don't worry guys I aint bringing this up, but I'm just saying that the issue isn't just outlawing night hunting but maybe cleaning up some rules.
Either way aint no gamey in Washington gonna be in the woods after dark anyways.
I think that the issue we are against shouldn't be hunting at night but spot lighting and the use of night vision.
I don't know the law on night vision here but from what I have heard from a few people it is illegal for some game.
And as for spot lighting: It's illegal in Oregon. And maybe the law needs to be tighter here. Such as it must be under a certain candle power if it's portable and if its not portable it must be attached to a vehicle.
Don't worry guys I aint bringing this up, but I'm just saying that the issue isn't just outlawing night hunting but maybe cleaning up some rules.
Either way aint no gamey in Washington gonna be in the woods after dark anyways.
-
Machias
- Open Mouth

- Posts: 426
- Joined: Mon Jun 25, 2007 10:50 pm
- Location: Idaho
- Location: Worley, ID
Re: the reason Washington might lose night hunting.
Lets keep in mind alot of folks, myself included, do alot of night hunting year round for yotes. I do not want to see any restrictions on candle power or any requirements to have my spotlight attached to a vehicle. Frankly I do not hunt at night with a centerfire rifle because it is almost impossible to ID your target long range, most have no idea what is downrange of their target and most yotes at night can be called in to under 60 yards, which is within the effective range of 00 buck. Decreasing candle power, I believe would increase the likihood of not being able to positively ID your target. Requiring spotlights attached to your vehicle will open up a host of other ethical and legal issues. I could live with a shotgun and .22 only restriction for night hunting. But I also urge the WDFW not to have a knee jerk reaction to a single incident accross the country.
Fred Moyer
When things look Grim, become the Grim Reaper!
When things look Grim, become the Grim Reaper!
Re: the reason Washington might lose night hunting.
I totally agree Machias, I was just saying that you don't go after the whole thing. If something is wrong. Say people keep running a stop sign at an intersection you don't outlaw that road from being driven on, you put in flashing lights or turtles to gain attention of the drivers.
I will by no means bring up any issues about candle power ect..... My only email to the DFW is the discrimination factor they are putting on my sport. And the fact that no injuries like those in GA are happening here.
I was just trying to make a point.. Have a good day guys and gals and remember to email.
Lori.preuss@dfw.wa.gov and let them know how you feel about the night hunting..
I will by no means bring up any issues about candle power ect..... My only email to the DFW is the discrimination factor they are putting on my sport. And the fact that no injuries like those in GA are happening here.
I was just trying to make a point.. Have a good day guys and gals and remember to email.
Lori.preuss@dfw.wa.gov and let them know how you feel about the night hunting..
-
Machias
- Open Mouth

- Posts: 426
- Joined: Mon Jun 25, 2007 10:50 pm
- Location: Idaho
- Location: Worley, ID
Re: the reason Washington might lose night hunting.
I totally understand what you were saying. I really appreciate you posting the information for folks and encouraging them to get involved!!
Fred Moyer
When things look Grim, become the Grim Reaper!
When things look Grim, become the Grim Reaper!
- Hemi01
- Silent Mouth

- Posts: 51
- Joined: Sat Oct 03, 2009 5:27 pm
- Location: SW Washington & Georgia
- Contact:
Re: the reason Washington might lose night hunting.
99.9% of the coon that are shot are shot at less than 75 feet this shouldn't have anything to do with coon hunters.
A warden knows when they take that job they put themself on hells door step but it is the coon hunters they have to worry about its the poachers. & outlaws.
and why would a person want to use a night vision scope anyway? yotes can be hunted just as easy in the day as the night if not easier...
My .22 very rearly comes out of the truck when im coon hunting. and i have treed some of the same coon Mic has many a time.
A warden knows when they take that job they put themself on hells door step but it is the coon hunters they have to worry about its the poachers. & outlaws.
and why would a person want to use a night vision scope anyway? yotes can be hunted just as easy in the day as the night if not easier...
My .22 very rearly comes out of the truck when im coon hunting. and i have treed some of the same coon Mic has many a time.
hunt to live! live to hunt!
-
Machias
- Open Mouth

- Posts: 426
- Joined: Mon Jun 25, 2007 10:50 pm
- Location: Idaho
- Location: Worley, ID
Re: the reason Washington might lose night hunting.
Actually yotes are much easier to kill during the night. MUCH!
Fred Moyer
When things look Grim, become the Grim Reaper!
When things look Grim, become the Grim Reaper!
