John Wilson was charged with multiple offenses stemming from a hunting incident where he shot a 17-year-old hunter. A jury found Wilson guilty of two counts of aggravated assault and one count each of tampering with evidence, felony misuse of a firearm while hunting, unlawful enticement of game, hunting without a license or permit, and hunting without a big game license. Wilson was acquitted on three counts of cruelty to children and one count each of aggravated battery and violation of hunter education course requirements. Following the denial of his motion for new trial, Wilson appeals. Construed in favor of the verdict, the evidence showed that Wilson was deer hunting with the 17-year-old victim and the victim’s 14-year-old brother. All three hunters wore orange vests over their clothing. Wilson owned the three guns used to hunt that day. The victim used an SKS rifle, the victim’s brother used a .30-30 rifle, and Wilson used a .358 Winchester rifle. The victim sat on a deer stand placed on the ground against a tree and his brother hid in a briar patch. Wilson placed corn as bait 15 yards in front of the victim and then walked behind the victim to the top of a ridge.
After a few hours, the three ate lunch at Wilson’s home and then returned to the woods to their same positions. After some time, the victim looked back and saw Wilson pointing his rifle. The victim waved and said, “Right here,” and in response Wilson put his finger to his mouth and said, “Shhh.” As the victim turned around he was shot in the left shoulder from Wilson’s direction. Wilson ran toward the victim and said, “I didn’t mean to.” The victim’s brother put the rifle he was using on the ground and ran for help. Wilson removed the victim’s orange vest but did not tend to the victim’s wound, and then sat and smoked several cigarettes.
