Hunter pleads not guilty

Michael Wagner, the 48-year-old Libby man who critically wounded another man while hunting near Libby Creek Road, has pleaded not guilty Tuesday to three misdemeanors in Lincoln County Justice Court.

The events leading up to the shooting is a story of violations in hunting protocol and guidelines that nearly cost one man his life and left another man devastated by the repercussions of his carelessness that led to that tragedy.

The day was Saturday, Nov. 16, and the bucks were in peak rut. For hunters, it figured to be the best weekend of the season to be in the woodlands, but for John Cleveland and Wagner, it was arguably the worst day of their lives.

Cleveland, 60, was back in Libby, staying at a cabin in the Libby Creek area south of town. The Littleton, Colo., resident came to hunt the 909-3/4 acres his family owns on four plats on both sides of Libby Creek Road, just about 10 miles up from U.S. Highway 2. And for Wagner, this hunting trip represented a day of bonding with his son, Brian, as they pursued game in an area just miles from their Libby home.

By day’s end, however, Cleveland was in critical condition, being treated in the emergency room at St. John’s Lutheran Hospital, his right leg shattered by a 180-grain bullet from Wagner’s 30-caliber rifle. Meanwhile, Wagner was answering questions and recreating the occurrences — back at Libby Creek — to Lincoln County Sheriff’s Department Deputy Brad Dodson and Montana Fish, Wildlife & Parks Game Warden Tamie Laverdure.

In the end, after law-enforcement sorted through the day’s occurrences, both men stood to face charges, Cleveland for hunting without blaze orange clothing, and Wagner for shooting from a roadway, pursuing game on property without first getting a landowner’s permission and negligent firing of a firearm without knowing his target.

Beyond that, there is no indication the men had met before that day.

Cleveland, who is listed in Lincoln County as the treasurer for Libby Placer Mining, Co., has written letters in opposition to the Montanore Minerals, Inc., mining project. Cleveland and his family own more than 900 acres in the south Libby Creek area, and he is an outspoken critic of the Montanore project. Two years ago, Cleveland wrote a Letter to the Editor of the Western News in opposition to the plans for the Montanore Mine.

As for Wagner, beyond being a laid-off miner from Revett’s Troy Mine, the fact that both men have an interest in Montana mining, appears to be their only connection before the shooting last month that has forever intertwined their lives. Lincoln County Sheriff Roby Bowe downplayed any sort of previous link.

“Absolutely not,” Bowe said. “This has been a really tough few weeks for both men. One man nearly died and is still recovering in the hospital with a shattered leg, and another man is feeling devastated by his actions and probably wishes that day could be erased. This is a time when all hunters might consider reflecting on the inherent dangers of hunting season and be reminded why the hunting safety regulations are so important.”

Montana Fish, Wildlife & Parks Spokesman John Fraley of the Region 1 Kalispell office said the instances that led to the shooting of Cleveland was the culmination of a chain of events that violated protocol and hunting regulations.

“There are reasons for the rules of gun safety,” Fraley said. “One of the main rules is to be sure of your target and the distance behind your target. Another example is the absence of hunter orange. History proves that since 1957 when hunter education began and about 10 years later when the rule of wearing orange was initiated hunting accidents have decreased.”

Fraley said as the population of Montana has increased, so has the number of hunters. Hunting fatality numbers peaked in Montana in the 1950s and ’60s, averaging close to 20 fatalities per year. Since, there has been a steady decline of hunting fatalities this year.

Since 1960, just three years after a mandatory hunter-education program was initiated, the five most-common causes of hunting fatalities in Montana are health-related reasons, 61 deaths, including 56 heart attacks; 44 deaths attributed to a hunter’s own negligence; 37 deaths to a hunting companion’s negligence; 34 deaths attributed to a hunter going missing;and 34 deaths related to vehicles, most of which were vehicular accidents while hunting.

While Wagner was not in his vehicle when he shot Cleveland, he had just exited his truck and was standing on the road when he shot the mule-deer buck adjacent to Cleveland’s property. According to Dodson’s report, Wagner was remorseful and cooperated fully with the investigation. Wagner admitted to initially shooting the deer while he stood on the Libby Creek Road and then pursuing the injured deer onto Cleveland’s property without first seeking permission. Wagner also acknowledged seeing “no trespassing” signs as he entered the property.

Furthermore, and in a tragic irony, both Wagner and his son, Brian, recalled the elder Wagner reminding his son to “be sure of his target” before firing. Dodson’s detailed report states both Wagners’ accounts of the day were consistent.

Dodson’s report states Wagner followed the blood trail through trees and crossing a creek, until he arrived at a clearing and “heard crashing ahead of him.”

Wagner told Dodson he saw movement the same color as the buck, put his crosshairs on it and shot.  Wagner saw what he thought was the buck go down and went to where it was. Wagner saw gray hair and realized he had shot Cleveland.

After wounding Cleveland in the right leg, Wagner walked up on Cleveland, who already had applied a tourniquet. Cleveland asked and Wagner obliged when Cleveland sought help in tightening the blood-stopping technique.

After helping Cleveland with the tourniquet, Wagner left him to retrieve his son, Brian, and then left Brian Wagner with Cleveland while he went to retrieve his truck. During that time, Brian Wagner, the report says, tried to comfort Cleveland as he tried to elevate his right leg on a log.

After reaching his vehicle, Wagner drove his vehicle toward Cleveland and his son, using his last three bullets to shoot the lock off a gate to gain access to the road on which Cleveland was injured.

After loading Cleveland into the truck, the Wagners headed toward the hospital, stopping at a residence as soon as they could to use a phone to call 911 to summon an ambulance. The ambulance met Wagner’s white Ford pickup truck on Whiskey Hill, just south of Libby.

Dodson’s report indicates the responders noticed the tourniquet just above Cleveland’s right knee. His pant leg was soaked in blood. A diabetic, Cleveland was thirsty and said he was in extreme pain.

It was then, Cleveland admitted to responders the absence of his hunter orange was because he “forgot it,” the deputy’s report states.

Cleveland acknowledged to the responders that he realized those who provided first aid were the same people who shot him. Dodson’s interview with responders said Cleveland was “pale and his hands were cold to the touch.”

After Cleveland was safely in the care of medical officials, both Wagners agreed to return with Dodson and Laverdure to the scene of the shooting.

Dodson’s report indicates consistency with what both Wagners told him.

The Wagners took officers to the location where Cleveland had laid, saw the pool of blood and the absence of snow where Cleveland laid.

Upon the conclusion of the on-scene investigation, the Wagners assisted Laverdure in locating the injured deer. Dodson found and dispatched the buck, which was photographed. The meat was donated to the local food pantry.   

The negligent endangerment charge comes because, according to the affidavit, Wagner “did not clearly identify his target and misidentified his target,” which “created a substantial risk of death or serious bodily injury to John Cleveland.”

Wagner was also charged with two FWP violations – unlawful hunting from a public highway and failure to obtain landowner permission.

Lincoln County Justice of the Peace Jay Sheffield accepted Wagner’s not guilty pleas. Sheffield set an omnibus hearing for Jan. 16, a pretrial hearing for Feb. 20 and a March 19 trial date.

Wagner, reached at his home Wednesday, offered remorse for the shooting.

“I feel for the guy a ton,” Wagner said. “But beyond that, I can’t really comment. I’m trying to deal with this. It’s to the point where lawyers are getting involved.”

Cleveland’s wife, reached through a mutual contact, was to ask Cleveland to respond. That response did not come as of press time.

Lincoln County Attorney Bernie Cassidy has not filed charges against Cleveland for not wearing blaze orange while hunting.