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Published: July 3, 2009
WILKESBORO - A state wildlife-enforcement officer will not face charges for fatally shooting a turkey hunter in April, authorities said yesterday.
Officer Mark Minton was patrolling in Wilkes County on April 11, the first day of turkey-hunting season, when the confrontation occurred. Minton shot and killed Clyde Hill Coffey, 76, of Lenoir. An autopsy showed that Coffey was shot once through the heart.
Wilkes County District Attorney Tom Horner said yesterday that Minton's actions "were reasonable and appropriate in response to be perceived use or immediate use of deadly physical force by Mr. Coffey."
Horner said that a criminal prosecution of Minton was not warranted.
Faye Coffey, Clyde's wife, said that Minton should not have killed her husband and that she believes Minton should be punished in some manner.
She said that her husband had no intention of shooting Minton, because his shotgun was not cocked for firing.
Investigators and Coffey's family said that Coffey had lost his hearing, and that may contributed to his actions during the incident.
Gordon Myers, the executive director of the N.C. Wildlife Resources Commission, said that his agency is investigating the shooting and declined to comment further about it.
In a statement, Horner provided details about the shooting.
Minton told investigators that he approached Coffey, who was in a tree stand on Coffey's property off Cane Creek Church Road in Wilkes County. Minton was investigating a report that someone was hunting turkeys illegally.
Minton then tried unsuccessfully to get Coffey's attention. At one point, Minton identified himself as a "game warden," and then Coffey stood up and demanded that Minton leave his property.
Coffey didn't comply with Minton's orders, and Minton radioed other wildlife-resource officers for help, but they were several miles away.
Coffey then got down from the tree stand with his shotgun in his arms. Minton told investigators that Coffey then approached him with his shotgun pointing at Minton.
Minton ordered Coffey several times to stop, and Minton then moved away from Coffey.
However, Coffey pursued him, pointing his shotgun at Minton.
After Minton again ordered Coffey to stop, Minton drew his handgun and fired one shot at Coffey, hitting him in the chest.
Minton then radioed for paramedics, and he tried unsuccessfully to revive Coffey.
State law allows a law-enforcement officer to defend himself when he is making an arrest, Horner said.
■ John Hinton can be reached at 727-7299 or at jhinton@wsjournal.com.
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