No charges to be filed in Lake Tahoe bear shooting
August 21, 2008
No charges will be filed in the apparent shooting of a bear last month by a South Lake Tahoe man, El Dorado County Chief Assistant District Attorney William Clark announced today.
The DA’s office has reviewed the investigation submitted by the Department of Fish and Game stemming from the July 31 apparent shooting of a bear by Danny Lukins, 59.
Criminal charges under these circumstances require proof beyond a reasonable doubt that Mr. Lukins did not act with a reasonable belief in self-defense, Clark said in a press statement.
Charges against Mr. Lukins are not warranted. Thus, Mr. Lukins was not arrested, according to Clark.
“Based on the facts presented, there is no credible evidence to believe that Mr. Lukins was lying when he told investigating officers that the bear turned toward him to charge,” according to the press statement. “Mr. Lukins was about 28 yards from an adult bear when he fired once. The direction and manner he fired was not done in a negligent manner and there were no occupied homes in danger of being struck should he have missed his shot.”
After shooting the bear, Mr. Lukins called 911 and reported the incident, according to the press statement.
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South Lake Tahoe Police officers responded and were unable to locate the bear. Mr. Lukins fully cooperated with both the South Lake Tahoe Police Department and the Department of Fish and Game in their investigations, according to the press statement.