Complete info on Hyde County alleged waterfowl assault

kahunter

Eight Pointer
This wont stop anything. He will be out "guiding" or "just watching" and they will be passing guns around. Guys like this just shrug this stuff off. Oh well.
I know someone who talked to him personally about this. He was adamant he did nothing wrong.
 

lasttombstone

Kinder, Gentler LTS
Definitely a slap on the wrist IMO. My guess is it won’t be much of a hindrance, nor will it stop him from boat riding during duck season. Hopefully he won’t hurt anyone in Maryland.

Hopefully he will be picked up by the system when he applies for a Maryland license since they are a member of the Interstate Wildlife Violators Compact.
 

Inshore duck

Eight Pointer
NC judicial system at its finest. They spend millions researching why criminals have such a high recidivism rate...ding ding ding.
 

ncscrubmaster

Twelve Pointer
Contributor
Wow I actually thought justice would be served on this one. He's a punk. The next maybe he won't make it to court. Makes me wonder who's pocket the judge is in but it happens every day.
 

Triggernosis

Ten Pointer
It was a plea agreement, which means the prosecuting (victim's) side had to agree on the outcome too.
I'm sorry, but if he had pulled that crap on me we would have gone to trial.
 

DuckyDave

Eight Pointer
Contributor
So "net" is the guy doesn't think he did anything wrong and the victim agreed to let the guy off with a handslap. We live in a crazy world...
 

muzzleodor2

Button Buck
No way I would agree to any kind of deal if I was the victim. This should have been a slam dunk, can't understand.
 

Buxndiverdux

Old Mossy Horns
Once you get the lawyers involved, anything can happen. Especially when you are dealing with people that have wealth and influence.
 

Inshore duck

Eight Pointer
Well the victim is the cousin of Cooper so likely a democrat. Obviously they love giving a second chance to criminals,illegal immigrants, terrorists etc. so maybe that’s why he settled. All that is needed for evil to prevail is for good men to do nothing. If this happens to the victim again in the future I can not feel sorry for him.
 
Doubt serious that Purvis, Edwards and Gammon are happy with the outcome. Very likely, they were told by prosecuters that this was the best they could hope for, that they'd never get the felony conviction. Disagreeing with the plea deal wouldn't stop it, especially since none of the three are from Hyde County.
 

Hydemarsh

Six Pointer
I recently prosecuted a person trespassing on my land. The person had a long criminal record including several felonies. The whole time it seemed like the defense attorney and the Assistant DA who handled the case were teaming up against me. Delayed multiple times with out my consent. The DA and the defense attorney reached some type of agreement without any discussion with me. The assistant DA let me sit in court most of the day and never told me the case had been settled hours before.

My only consolation was the trespasser probably paid a substantial legal bill.

Will Umphlett retain his hunting privileges?
 

DuckyDave

Eight Pointer
Contributor
The Carolina Sportsman article indicates that he has his hunting license suspended for 2 years. But it is unclear whether any reciprocal laws will prevent him from hunting (or even GUIDING) in other states.

Hydemarsh, it really stinks that you got treated this way during that trespassing situation. Sorry to hear that.
 

woodmoose

Administrator
Staff member
Contributor
he DA and the defense attorney reached some type of agreement without any discussion with me.

they don't have to discuss it with you - it's between the DA and the defendant basically,,,the defense attorney is the conduit to the defendant. Once you bring charges, it's in the DA's hand to prosecute the case or not, and whether they go for a plea bargain or not. Normally depends on their case load.



and in case you are wondering,,,,,yes, I stayed at a Holiday Inn Express last night!!
 

RJ1

Ten Pointer
I recently prosecuted a person trespassing on my land. The person had a long criminal record including several felonies. The whole time it seemed like the defense attorney and the Assistant DA who handled the case were teaming up against me. Delayed multiple times with out my consent. The DA and the defense attorney reached some type of agreement without any discussion with me. The assistant DA let me sit in court most of the day and never told me the case had been settled hours before.

My only consolation was the trespasser probably paid a substantial legal bill.

Will Umphlett retain his hunting privileges?


Its just a sad fact that 95% of the time a landowner is not going to get the results he wants when a trespasser is prosecuted or cuts a deal with the DA, but if you don't prosecute them word gets out you are easy and then you get overrun by them.
 
My understanding is there is a compact among a number of states that honor license prohibitions based on court cases, and Maryland is one of them. Don't know about Virginia.
 

GSOHunter

Twelve Pointer
Contributor
No way I would agree to any kind of deal if I was the victim. This should have been a slam dunk, can't understand.
Probably brought in a top notch out of town lawyer and the DA didn't want to risk it and waste time and resources to fight it.
 

JONOV

Old Mossy Horns
they don't have to discuss it with you - it's between the DA and the defendant basically,,,the defense attorney is the conduit to the defendant. Once you bring charges, it's in the DA's hand to prosecute the case or not, and whether they go for a plea bargain or not. Normally depends on their case load.



and in case you are wondering,,,,,yes, I stayed at a Holiday Inn Express last night!!
Yep...They represent the state. They have to weigh the interests of the state, and that includes time and money, as well as the chances if it hits a jury. Its easy for us to say, "hang 'em high, they truly wronged me and it should be a slam dunk." The DA has to balance the case load, look at the chances with a jury, the sentencing outcome if he wins vs the plea (is the judge really likely to lock someone away for years for trespassing.)

It isn't about your revenge; crimes are considered infractions against the people, not a person.
Probably brought in a top notch out of town lawyer and the DA didn't want to risk it and waste time and resources to fight it.
Eh...From what I hear (which isn't a whole heckuva lot) its usually a better idea to hire the local lawyer that knows the judges and DA's...

I'm not surprised by the light jail sentence, especially since it doesn't seem like anyone was hurt. I am surprised by the fact that its such a piddling fine for what seems to be a pretty egregious incident.

I also think that despite Daddy being who he is, its likely that he's a marked man in NC now...plenty of GW's that now know who he is and won't hesitate to jam him up with small-potatoes violations. Hope your flares aren't expired.
 

DuckyDave

Eight Pointer
Contributor
It is my understanding that this trial was under criminal law not civil law. Could there still be a civil trial (although if nobody was physically hurt, chance of success is low)?

Burden of proof is generally lower in civil law...
 

grim reaper

Ten Pointer
His honeyhole he sought so desperately to defend is now ruined for the whole world to see....wonder how many people he'll have to compete with now??
 

JONOV

Old Mossy Horns
It is my understanding that this trial was under criminal law not civil law. Could there still be a civil trial (although if nobody was physically hurt, chance of success is low)?

Burden of proof is generally lower in civil law...
Yes. But would have to prove damages. The easy number would be the repairs on the boat he rammed.
 

Hydemarsh

Six Pointer
While on public land hunting, if a person is subject to the kinds of actions perpetrated by Umphlett is that person obligated to retreat or can they use measures to defend themselves? Not sure how the "NC Castle Doctrine" applies.
 

shadycove

Twelve Pointer
While on public land hunting, if a person is subject to the kinds of actions perpetrated by Umphlett is that person obligated to retreat or can they use measures to defend themselves? Not sure how the "NC Castle Doctrine" applies.
Judged by 12 or carried by 6.............up to you.
 

Mike Noles aka conman

Administrator
Staff member
Contributor
While on public land hunting, if a person is subject to the kinds of actions perpetrated by Umphlett is that person obligated to retreat or can they use measures to defend themselves? Not sure how the "NC Castle Doctrine" applies.

Retreat??? What the hell is that?? You'd never get close enough to me and mine to do what that dude did. I'd suffer the consequences before I'd suffer the humiliation and intimidation.
 
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