Miner involved in shooting Options

[Mineral Estate G...]

http://www.oregongoldhunters.com/viewtopic...=103&t=2310

This link will bring you to discussions and court reporting on the trial of miner Ron Spears that was involved in a shooting two +/- years ago

[Coalbunny]

I read the stuff you provided, thank you sir.

I think that both men made serious mistakes.

The claim should have been marked better. Is it an obligation, as argued by others in the past? No, it's a convenience. Perhaps if the claims were marked better, the Greybill wouldn't have entered. The road, no matter the age, if it enters the claims and does no exit the claims is not always for public use during an active mining operation. The claim holders can restrict any access that endangers either the public or the mining operation. And technically (correct me if I'm wrong MEG) that holds true for even roads that merely go through the claims. But the latter can be a mess, depending on all the different laws.

If the road does not leave the claims and public access may interfere with mining operations, you can (or at least used to) string a wired gate or 1" flagged cable across to prevent unauthorized access.

I feel that perhaps Spears was in the right being armed in ordering the men to leave his claims, but his lack of training and experience with a rifle/shotgun shows when he was close enough that Greybill could disarm him (or in this case, try). Try to stay a decent distance away. Otherwise, put the rifle/shotgun away and use a pistol.

And know how to use it. Not just from going out plinking, but get some training. Training pays off.

Get a better lawyer. His defense lawyer is a (series of bad words).

Realistically, during trial, cover EVERYTHING. If you don't what you do not cover in the trial you usually cannot use in the appeals. Including laws that justify your actions.