Leroy Ogin, 73, said he has been walking this trail to get to his deer hunting grounds for the past 61 deer seasons.
An elderly deer hunter who was sprayed with paint while trespassing on a neighbor’s property on opening morning of the 2013 Pennsylvania deer season has had the charges stayed by the State. The charges will most likely be dropped in early August if he does not have further complaints filed against him. In another twist, the landowner who set the paint bomb was also ticketed in the incident — on charges of criminal mischief and criminal harassment for allegedly rigging up a trip wire that was attached to an explosive device that discharged a paint bomb on opening day of Pennsylvania’s 2013 gun-deer season.
By Daniel E. Schmidt
Leroy Ogin, 73, told Deer & Deer Hunting on Monday that he had been hunting the property near his home in Luzerne County for the past 61 deer seasons without incident. While admitting he was technically trespassing, he said he did not intend to hunt that property; instead he was using an old logging road to gain access to a spot he has hunted for decades.
“I was 8 feet onto his property,” Ogin told D&DH. “I’ve walked that trail hundreds of times over the years. He never said I couldn’t walk there.”
WATCH VIDEO OF THE INCIDENT
As evidenced in a YouTube video shared on Deer & Deer Hunting yesterday, Ogin is shown via a trail camera walking through the wooded area when an explosion occurs. He is stunned, and then the video shows him wiping a substance from his face, body and gun expelled from a device attached to a tree trunk. He said the substance was paint.
Ogin said the explosion came from the explosive device being wired to an automobile an air bag mechanism wired to a switch that set off the paint bomb attached to a suspended wire.
“I thought I was shot with a gun,” Ogin told D&DH. “I then realized I had paint all over me. It was a permanent-type of paint. It ruined my hunting uniform, my hat, my gun … everything. I walked back to the house — about a quarter-mile — my wife thought I was shot, too, because the paint was red.”
No Prior Warning?
Ogin said the landowner did not confront him that day or any day prior to inform him he could no longer use the logging road to access his hunting spot.
“About a week and a half later, I get a summons in the mail for trespassing,” Ogin said. “And I also find out that this video is on the YouTube. I don’t have a computer or anything like that, so I didn’t know anything about a video.”
“I was 8 feet onto his land,” Ogin continued. “He never said I couldn’t walk there — like I have done for many, many years. The only time I’ve ever talked with him was the year before when I was on the other neighbor’s land and he came up from behind me and said, ‘You’re getting pretty close (to the line) don’t you think?’ He never said a word (about staying off the logging road).”
Proceedings in Process
The ticket against the landowner, 53-year-old Michael Condoluci, is scheduled for later this year with the Luzerne County Magistrate’s Office, according to the district court office.
Ogin also told D&DH that he didn’t know the logging road was off the property line and that he would have stayed off the logging road had Condoluci asked him. He said the other landowners in the area freely allow hunting and walking access to deer hunting areas.
Condoluci could not be reached for comment.
As for his setback during this last opening morning hunt, Ogin said it did not deter him from continuing to hunt.
“I went back out later that day,” he said. “I still had red paint all over my glasses and in my beard, but that wasn’t going to stop me.”
According to a clerk at the district court office, Ogin’s trespassing ticket was issued at 9 a.m. on Dec. 2, and Condoluci’s tickets were issued at noon that same day.
The clerk said Ogin’s ticket was placed on hold beginning Feb. 12 and lasting for six months. She said normal procedure is the ticket will be dismissed after 6 months if no other charges are brought against the party. She said the same scenario would likely hold true in the case for Condoluci. His charges were placed on hold beginning May 7, also for a period of six months.
Deer & Deer Hunting’s Web team will continue to cover this story and provide updates as they become available.
- See more at: http://www.deeranddeerhunting.com/a...t-landowner-also-charged#sthash.PYw6rpSl.dpuf
An elderly deer hunter who was sprayed with paint while trespassing on a neighbor’s property on opening morning of the 2013 Pennsylvania deer season has had the charges stayed by the State. The charges will most likely be dropped in early August if he does not have further complaints filed against him. In another twist, the landowner who set the paint bomb was also ticketed in the incident — on charges of criminal mischief and criminal harassment for allegedly rigging up a trip wire that was attached to an explosive device that discharged a paint bomb on opening day of Pennsylvania’s 2013 gun-deer season.
By Daniel E. Schmidt
Leroy Ogin, 73, told Deer & Deer Hunting on Monday that he had been hunting the property near his home in Luzerne County for the past 61 deer seasons without incident. While admitting he was technically trespassing, he said he did not intend to hunt that property; instead he was using an old logging road to gain access to a spot he has hunted for decades.
“I was 8 feet onto his property,” Ogin told D&DH. “I’ve walked that trail hundreds of times over the years. He never said I couldn’t walk there.”
WATCH VIDEO OF THE INCIDENT
As evidenced in a YouTube video shared on Deer & Deer Hunting yesterday, Ogin is shown via a trail camera walking through the wooded area when an explosion occurs. He is stunned, and then the video shows him wiping a substance from his face, body and gun expelled from a device attached to a tree trunk. He said the substance was paint.
Ogin said the explosion came from the explosive device being wired to an automobile an air bag mechanism wired to a switch that set off the paint bomb attached to a suspended wire.
“I thought I was shot with a gun,” Ogin told D&DH. “I then realized I had paint all over me. It was a permanent-type of paint. It ruined my hunting uniform, my hat, my gun … everything. I walked back to the house — about a quarter-mile — my wife thought I was shot, too, because the paint was red.”
No Prior Warning?
Ogin said the landowner did not confront him that day or any day prior to inform him he could no longer use the logging road to access his hunting spot.
“About a week and a half later, I get a summons in the mail for trespassing,” Ogin said. “And I also find out that this video is on the YouTube. I don’t have a computer or anything like that, so I didn’t know anything about a video.”
“I was 8 feet onto his land,” Ogin continued. “He never said I couldn’t walk there — like I have done for many, many years. The only time I’ve ever talked with him was the year before when I was on the other neighbor’s land and he came up from behind me and said, ‘You’re getting pretty close (to the line) don’t you think?’ He never said a word (about staying off the logging road).”
Proceedings in Process
The ticket against the landowner, 53-year-old Michael Condoluci, is scheduled for later this year with the Luzerne County Magistrate’s Office, according to the district court office.
Ogin also told D&DH that he didn’t know the logging road was off the property line and that he would have stayed off the logging road had Condoluci asked him. He said the other landowners in the area freely allow hunting and walking access to deer hunting areas.
Condoluci could not be reached for comment.
As for his setback during this last opening morning hunt, Ogin said it did not deter him from continuing to hunt.
“I went back out later that day,” he said. “I still had red paint all over my glasses and in my beard, but that wasn’t going to stop me.”
According to a clerk at the district court office, Ogin’s trespassing ticket was issued at 9 a.m. on Dec. 2, and Condoluci’s tickets were issued at noon that same day.
The clerk said Ogin’s ticket was placed on hold beginning Feb. 12 and lasting for six months. She said normal procedure is the ticket will be dismissed after 6 months if no other charges are brought against the party. She said the same scenario would likely hold true in the case for Condoluci. His charges were placed on hold beginning May 7, also for a period of six months.
Deer & Deer Hunting’s Web team will continue to cover this story and provide updates as they become available.
- See more at: http://www.deeranddeerhunting.com/a...t-landowner-also-charged#sthash.PYw6rpSl.dpuf