STARKS — A hunter who accidentally shot a landowner during a dispute in 2012 over where his group could hunt has agreed to pay the landowner in an out-of-court settlement.
Robert Pond, then 76, of Hartford, was hunting with a group of four other people, including his brother Burpey, on Oct. 31, 2012. Kerry Hebert, then 56, asked the group not to hunt near his home on Mount Hunger Road.
Hebert’s land wasn’t and still isn’t posted against hunting, but the high-profile case touched off questions in Maine about hunting and property rights.
The Hebert family hopes the settlement will highlight the importance of safety when hunting and using firearms, said Daniel Kagan, the landowner’s attorney, who refused to say how much money the settlement involved.
Hebert required several surgeries to recover, according to a news release Monday from Kagan’s law firm.
He sued Robert Pond for damages in Somerset County Superior Court, alleging that Pond acted “with negligence” by violating firearm safety rules, including carrying the loaded rifle with its safety off. Pond could not be reached for comment Monday.
The group started arguing before the shooting occurred, according to police. Burpey lost three teeth during a scuffle, and when Robert intervened, Hebert grabbed his Remington .30-06 semi-automatic rifle, which discharged a bullet into Hebert’s side, breaking two ribs.
Police interviews revealed conflicting stories from those involved. Hebert claimed Burpey “went ballistic” after being asked not to hunt near the house.
Robert claims he saw Hebert holding his brother in a headlock. When he went over to help Burpey, he said Hebert grabbed his rifle, causing it to fire.
Hebert denies grabbing the rifle, but a report from the Maine Crime Lab at the time showed that DNA found on the side of the rifle matched that of Hebert’s. Burpey was charged with a hunting misdemeanor criminal charge and paid a fine. In the police report, he was also listed as a victim of aggravated assault, while Hebert was a victim of elevated aggravated assault.
Madeline St. Amour can be contacted at 861-9239 or at:
mstamour@centralmaine.com
Twitter: madelinestamour
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