Last Angry farmer - follow up - raccoon massacre

LJD

Well-known Member
I've posted many of the photos of the large signs a local farmer has been posting in town. He has the only remaining dairy farm withing the Hamlet of Worcester, NY. "Hamlet" is a legal designation of the center of town where stores and the village exists. His farm is grandfathered in since farming is now illegal in the Hamlet.

I'm not reposting all the photos. Here's the story as printed today in the "big city" Oneonta newspaper 25 miles away.

February 24, 2012 Oneonta Daily Star

Area man targets D.A. with signs along road
BY JOE MAHONEY Staff Writer
WORCESTER -- If you ask dairy farmer Dan Stannard why he erected homemade billboards along state Route 7 that criticize Otsego County's top prosecutor and an environmental conservation officer, he'll likely say it all goes back to one day in November when he encountered an aggressive raccoon.

"This rabid raccoon came right in here and tried to attack me," Stannard recalled Thursday as he stood on a muddy pathway outside his barn. "I threw rocks at him, and did everything in my power to get him to go on. He would not go on. So I shot him."

While Stannard was convinced he did nothing wrong, state Department of Environmental Conservation Officer Mark Vencak didn't quite see things that way. After a citizen reported the raccoon shooting, Vencak cited Stannard for discharging a firearm within 500 feet of a structure. The case would be handled in Worcester Town Court.

In the weeks that followed, the Otsego County District Attorney's office offered a plea agreement that would end the prosecution if Stannard paid a fine, District Attorney John Muehl said.

But Stannard refused to take the deal. Since getting the citation, he said he has had to go to court five times and has another court date in early March. He said he was within his rights to kill that raccoon, which he took as a threat to him and his herd of approximately 60 cows. Recently, he noted, a coyote made a meal of one of his animals.

Stannard said that after killing the raccoon, he disposed of it before it could be tested for rabies.

In recent weeks, Stannard put up plywood signs that criticize both Muehl and Vencak.

One directed at Muehl states: "YOU GO EASY ON CHILD MOLESTERS. ARE YOU ONE?"

Stannard said he chose that line of attack, even though it has nothing to do with the raccoon case, because a young relative had been molested several years ago, and he said he believes the man responsible was not appropriately punished.

Muehl told The Daily Star that Stannard's use of prominent road signs to attack him is having no effect.

"If he thinks this is bothering me, it's not," Muehl said. "I'm a public official, so I am required to have thicker skin. I'm going to do my job the way I see fit."

He noted the s*x offenders he prosecutes invariably end up getting tough sentences.

On Wednesday, a state Department of Transportation official from the agency's Oneonta office, Jerry Murello, went to Worcester and urged Stannard to remove the signs, Stannard said.

Stannard said, "I'm not taking down the signs unless there is a court order."

State DOT spokesman Bill Naylor said he was trying to compile information on Murello's visit to Worcester and had no immediate comment.

Meanwhile, Stannard said he won't be satisfied until the charge against him is dismissed.

"Mark Vencak said I should have hit that raccoon on the head with a shovel," he said. "But, heck, I'm not gettin' that close. I used to coon hunt, so I've seen how high they can jump. I didn't have no choice but to kill him."
 
Guy in New Hampshire caught a thieve and fired into the ground as a warning shot over the weekend.
They charged him, then came to their senses, mabe NY officials will do the same.
 
(quoted from post at 15:21:46 02/24/12) Guy in New Hampshire caught a thieve and fired into the ground as a warning shot over the weekend.
They charged him, then came to their senses, mabe NY officials will do the same.

I saw that. I think if I read it right it was a thief coming out of his neighbor's place which is why the police charged him.

Glad to see they came to their senses.
 
I didn't read the whole thing, just this epitaph. Down here in Texas, if in the city limits of an incorporated area....city recognized by the state, discharging a firearm is illegal. If he was in such a place then so be it.

If in the country, the only regulations on that sort of thing are published by the state Game and Fish commission and they define what has a hunting season and what does not. Of course if you deliberately abuse an animal then there are "Crimes Against Nature" that cover it.

We have skunks down here and semi-annually they breed which brings out the bucks in search of "prey". They are a nuisance surely as Gophers are where they are located (elsewhere in the US). While in the search mode they are highly obnoxious with their smell permeating the area within 100' of themselves. They love to get in your barn or under your house, especially in the middle of the night when the smell wakes you up and holy cow, phew. Beating on the floor works usually but it takes awhile for the smell to dissipate.

They are nocturnal and usually a lot of noise will run them off. If you see one out during the day, especially if acting peculiarly, you can bet it's rabid and needs to be exterminated. You can send the skull to the state for analysis (if you don't shoot them in the head), but who wants to dismember a skunk, pack it in a sealed bag (the post office will smell it anyway) and ship it to Austin. If you have ever been really close to one the smell is so intense it will shut down your respiratory system and open up your digestive system. That's BAD.

Mark
 
We had a skunk spray under our pier and beam house one night thanks to our rat terrier getting after it. I woke up from the asthma attack I got from the smell.


It was nothing a 20 gauge with some bird shot couldn't handle. ...of course the worst part was fishing it out from under the house with an old frog gig pole. :roll:
 
That's part of the nuisance they are. On the way to "never never
land" they spray everything around them and I sometimes just run
them off so that I don't have to endure the results.

Mark
 
I hope the court case works out good for the guy. Keep us posted on how all this story goes.

Sounds like the possum cop really is have'n to look hard for a reason to justify his job when he has to write tickets for folks shoot'n sick coons in a dairy barn.

Dave
 
What's the big deal? I shoot racoons, possums, and other critters all the time when they become a nuisance.

And a Duputy Sheriff rents a house from me several hundred yards from my own house.
 
If only reading this article, I would agree with the farmer 100%. He has a "legal" farm even though it is inside the "city" limit. On a farm you do have run-ins with questionable animals.

Drop the case and move on. Unless they are trying to harass the guy into moving, to get ahold of the property. We all know, a sub-division is worth a lot more on taxes than farm land. But, with the ecomony, in Michigan turning farms into development died out in 2005-2006.

Rick
 
Wonder what Muehl and Vencak would have done if they were in his place? I think they need to get a life and leave the farmer alone.Maybe in time they will realize how silly they are.
 
I was working under my truck in the garage, a skunk came through the open door and came underneath, I talked softly, yelled, threw sockets, and it wouldn't leave. After crawling out the front I made sure this thing would never spray again. .357
 

Strong possibility that the raccoon was rabid, considering the way it was acting.

According to my limited knowledge, the head of an animal has to be intact for it to be checked for rabies.

What are people in town supposed to do when faced with a rabid animal? Call cops and wait forever for them to come while the animal wanders off to be a threat to someone else?

KEH
 
There is a lot of inaccurate information flowing here. There is no such thing as a "hamlet" in New York State, so I don't know exactly what LJD is trying to refer to. State, County, Town, City, Village. Thats it as far as NYS goes. As for the news report, the charge is not "discharging a Firearm within 500 feet of a structure" but rather "Discharging a Firearm within 500 feet of an occupied dwelling"- in other words, the charge involves ILLEGALLY discharging a gun with 500 feet of someone ELSES home. IME this charge normally requires a complainant, other than the ECO in this case, making a stink about the gunshots. The story says the ECO was called there as the result of complaint, not just out of the blue, and that would be the "why" that brought him there in the first place. In the normal course of investigating similar charges it usually comes down to determining the facts and advising the complainant that there was a potentially rabid animal in play and that's the end of it. Of course that's the sticky part since all we have is the poor, allegedly persecuted farmers word on what took place. Since none of us were there, we don't know what the farmer said, did or didn't do, do we? Could be the ECO is way out of line, but it's pretty apparent the farmer isn't too tightly wrapped. Again, based on my 23 years dealing with people in NY and it's court system, the right way to handle such a simple thing if it's a misunderstanding is to go to the local justice court, explain the facts and straighten it out. While the ECO may have been harsh, (or not, we don't know), posting signs accusing the DA of perversion and the like is certainly not the correct way to handle such a situation. Approaching the Farm Bureau, Grange, dairy co-operative and other agricultural entities, local fish and game clubs, sportsman's organizations, gun rights organizations, etc. for support would do far more good that ranting on makeshift bill boards and calling people names.

If the farmer really did shoot a rabid coon and is in this predicament, I'm sorry for him. But acting like a horses behind isn't the way to win the battle or the war.
 
If there aren't hamlets in NYS, what is Maryland, Schenevus, Warnerville, Central Bridge, East Worcester and Worcester? Most people that live in those towns, that I know or knew, considered them hamlets. Even NYS DOT still considers them hamlets....
 
you're right about inaccurate info cuz most of it is yours. Show me where the law exempts the landowner from shooting within 500' of ANY occupied dwelling. This law is used in numerous states & they never exempt the landowner. In other words, if you live in the middle of 3000 acres, you have to go 500' away from your house to shoot a rabid coon in your front yard. Illegally discharged? If it's in self defense, it's not illegal. You may defend yourself against dangers other than human. And the farmer must grovel in front of the cops or he's wrong? Sorry, gotta disagree with you there.
 
(quoted from post at 21:20:56 02/24/12) you're right about inaccurate info cuz most of it is yours. Show me where the law exempts the landowner from shooting within 500' of ANY occupied dwelling. This law is used in numerous states & they never exempt the landowner. In other words, if you live in the middle of 3000 acres, you have to go 500' away from your house to shoot a rabid coon in your front yard. Illegally discharged? If it's in self defense, it's not illegal. You may defend yourself against dangers other than human. And the farmer must grovel in front of the cops or he's wrong? Sorry, gotta disagree with you there.
2+4...Who the he!! are you trying to kid....It just so happens i DO live in the middle of 3000 acres...And i can shoot my rifle all day long RIGHT in frount of my house and theres nothing you or any body else can tell me other wise....Good grief...........
 
Direct from NYS DEC webpage:

"It is illegal to discharge a firearm or bow within 500 ft of a dwelling,farm building,or stucture in use or occupation unless you own it,lease it,are an immediate member of the family,an employee,or have consent."
 
I keep a box of sub sonic 22 ammo on hand.Bunny huggers dont hear the shot.We have a 100 yard rule here.Close neighbors are shooters.I have shot foxes and racoons that showed no fear of me.Its best to keep quiet about this.I anyone asks me if I have a gun I tell them I am afraid of guns.My neighbors and local outlaws know I lie at times.
 

Pitch has provided the appropriate law. In case I wasn't clear, the point I was making was that there is likely another party, the complainant about the shooting in this case. who may reside within that 500 feet. The pictures show the farm in right on the road and near the Stewarts, so it's likey a 3rd party in play here.
 

"Hamlet" is a term used by us mere mortals, not by law which is what the OP stated. Check the laws- the only geographical jurisdictions in NYS are State, County, Town, City, Village. That's it, sorry, hamlets don't exist. But we need something to call our little clusters of buildings, so we use hamlet, settlement, etc.
 

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