SHERIFF: Gold Hill Off-Roader Shot When Confronted on Man's Mining Claim

Apr 6, 2009 | Posted by: roboblogger | Full story: KTVL News10

A 53-year-old Gold Hill man's arm was shattered by a shotgun blast following a confrontation Sunday on another man's mining claim on U.S. Forest Service land near Kerby, the Josephine County Sheriff's Office reported.

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1 - 11 of 11 Comments Last updated Jan 7, 2013
gold diggers son

Littleton, CO

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#1
Apr 7, 2009
 
the man who was shot was obviously the agressor in this case. my father is not the type of man to just shoot someone for being on his claim.if that was the case then many people would've been shot for the past 22 years my father has been there. he stays to himself and doesn't bother anyone. i believe that my father shot the man in self defense and is innocent of any crime.
thank you,
gold diggers son
Prospector

Tulsa, OK

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#2
Aug 19, 2009
 
What is the status of this case?
Robert F

United States

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#3
Aug 20, 2009
 
Last I heard
The gold mine was not legitimate.
He had no claim on file.
Dose of Reality

Eugene, OR

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#4
Oct 3, 2009
 
Robert F wrote:
Last I heard
The gold mine was not legitimate.
He had no claim on file.
The law does not require a filing to make a claim legitimate. That said, it appears he had permission of the owner of the properly filed claim to be there and do what he was lawfully entitled to do. If it weren't a valid claim the BLM would have made a case against it. Being BLM made no case against it, the law says the claim is valid and is private property. Oregon identifies a mining claim as realty. The mining law of Oregon says any harassment or interfence with a valid claim holder is a crime. You can check it out for yourselves at ORS 517. And people should read the law before commenting on such matters. I think the wrong guy is in jail.
Joe Citizen

Kansas City, MO

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#5
Oct 4, 2009
 
I think the old goat should be allowed to shoot anyone he wants to, as long as it's only in the arm or the leg. Headshots and other fatal hits should require a hunting license so that the community can benefit from his extra-curricular activities by gaining revenue for maintaining the beauty integrety of the habitats in which the victims are being ambushed. It's a win-win situation for the hunter and the wildlife alike because fresh meat is then also provided for the creatures in their clean new environment.
gold diggers son

United States

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#6
Nov 11, 2009
 
The claim was and still is legitimate. He was within his rights when he was faced with 6 vehicles full of people vs him.... he was aggressivly approached by someone who was intoxicated to the point where her was backed up nowhere to go...the guy grabbed the gun...it went off ...he was hurt....this is a bullshit case . they even have him charged with the wrong crime...assult 1...measure 11. In order to charge someone with that crime they have to show intent....there was none in this case and it's also in state court instead of federal. It happened on federal land..and private property granted by the 1872 mining law.
pospectorgoldie

Pelion, SC

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#7
Jul 21, 2010
 
gold diggers son wrote:
the man who was shot was obviously the agressor in this case. my father is not the type of man to just shoot someone for being on his claim.if that was the case then many people would've been shot for the past 22 years my father has been there. he stays to himself and doesn't bother anyone. i believe that my father shot the man in self defense and is innocent of any crime.
thank you,
gold diggers son
I understand he was your pop, but you point a gun at and shoot a person out side you're home ...YOU WILL PAY THE PRICE My own brother pulled a gun on me....LOADED, I took it from him , yet I did not shoot him with it...why?? I had no reason under the law. Now with what you are saying if people are drunk and ACT agressive it is ok to shoot the person....WRONG AS YOU COULD EVER BE. The right person is in jail and WILL pay the price for the CRIME. Had there been no gun on the seen --NO ONE WOULD HAVE BEEN SHOT.. Your dad needs to thank GOD he dident kill anyone. What is next you get mad at someone in a store and feel thay are agessive and it is ok to soot or kill the person......ALWAYS THE WRONG ANSWER. Why do people think that bullit is a fix all for the TEMPER.????? Now had you dad gone into his home and the person came into the home after him.....by all means protect youre self. HE WOULD BE FREE TODAY. PEOPLE MUST FALLOW THE LAWS OF THE LAND.....THIS IS NOT THE UNLAWFUL WILD WILD WEST OR A MOIVIE........THINK.......WHAT IF IT HAD BEEN YOUR DAD WHO WAS AGESSIVE AND GOT SHOT......YOU WOULD STILL ASK FOR THE SOOTER TO BE CHARGED....RIGHT.......YOU KNOW I AM RIGHT.......
nwexplorer

AOL

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#8
Aug 10, 2010
 
I feel sorry for the man arrested after being confronted by drunken idiots. I read on another site that they were running over shallow shafts where mining had been done. What if the ground had collapsed? Would the drunk not be entitled to damages for injuries sustained while trespassing? The miner was trying both to defend his operations and avoid injuries to stupid people. What is his reward...going to jail for dealing with drunks. The lesson here is to not work alone. Have a partner to be a witness and to back up dangerous conflicts.
When tweekers came onto our claim and insisted they were on Recreational land, I had 2 armed friends behind me even though I was unarmed. I allowed them to test their dredges in a hole that is dredged by everyone...even when we are not on our claims. I told them not to come back or I would call the Sheriff the next time. The miner and his son need all the support the community can muster. His Dad was not wrong. When drunks ignore the law, then they also disrespect the law and one has to protect themselves by any means. Ask the armed store folks in Cave Junction why they carry in their stores and shops. There are no law officers to protect them. You can thank Ron Wyden and all the environmentalists for that.
490cid

Eugene, OR

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#9
Feb 10, 2011
 
The proverbial day that 2 fools met. Both sides are in the wrong. Old miner should have used legal means-offroaders should have had more respect. I go armed, but not for bear...
Wrong

Espanola, NM

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#10
Jan 6, 2013
 
Bull Crap someone walks onto private property and makes a person feel threatened shoot them. It is beyond retarded to put your life at risk for the safety of a trespassing moron picking a fight. A 53 year old man in the desert without a gun is not smart.
I do not own or use a gun but even at 6'2" 250 lb. I have had mountain lions follow me on the hills like I was lunch. Occasionally I have come across some old time miners on claims nice people but that generation is almost gone. All I usually find now are homeless criminals "occasionally a cool hippie" and even a couple psychos with a meth lab.
Law at times is in black & white but the world is very much in grey. I feel her father was in his right to have a gun with him for safety and to use it as he saw fit for his protection.
whiteyward

Myrtle Creek, OR

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#11
Jan 7, 2013
 
The ATV laws should allow the vehicles to use the roads in rural areas. The fully equipped vehicles are a common sense alternative year around for many familys, school children and services. The poor response from the Forest service/BLM in providing access for the vehicles must improve. Miners must be careful putting in gates or restricting easements (passage).

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