Middletown man reaches plea agreement in case involving killing of bear
- Lake County News reports
- Posted On
MIDDLETOWN, Calif. – A Middletown man has reached a plea agreement in a case involving his fatal shooting last year of a black bear.
Chief Deputy District Attorney Richard Hinchcliff said Matthew Charles Outen was sentenced on Feb. 13 for the April 2017 incident.
Hinchcliff, who oversees prosecution for fish and wildlife violations in Lake County, originally charged Outen with negligent discharge of a firearm, threatening a witness, discharging a firearm within 150 yards of a residence, killing a bear out of season and not having a hunting license or bear tag.
On Jan. 8, Outen pleaded guilty to a felony violation of negligent discharge of a firearm and a misdemeanor violation of illegally killing a bear when the hunting season for bear was not open, Hinchcliff said.
Outen’s attorney, Angela Carter, said the case’s outcome was the result of a negotiated settlement with the District Attorney’s Office.
“If we had proceeded to trial, Mr. Outen was risking five years in prison,” said Carter. “In light of that significant risk, he decided to enter into a plea bargain.”
On April 3, 2017, California Department of Fish and Wildlife wardens Ryan Stephenson, Timothy Little and Mike Pascoe received a report that a bear was in the creek near Wardlaw Street bridge in Middletown, and that someone had shot and killed it, Hinchcliff said.
Hinchcliff said the wardens responded and found the bear lying dead in the creek.
According to investigation reports, when the wardens interviewed Outen, he claimed he heard there was a bear in the creek and rushed home to find the bear behind his house in the creek.
Outen then grabbed a .380 semi-automatic handgun and began trying to “shoo” the bear away, Hinchcliff said.
In speaking to the wardens Outen claimed that he fired four shots at the bear as it was coming toward him, three of which missed and one that killed the bear. When asked why he shot the bear, Outen claimed “instinct kicked in,” Hinchcliff said.
Hinchcliff said Outen stated his interaction with the bear lasted approximately 30 minutes. However, when wardens interviewed another individual who was with Outen when the bear was shot, that witness advised the bear had not attempted to charge Outen.
Wardens determined that the bear was shot in the back of the neck while facing away from Outen, contradicting Outen’s claim that the bear was coming toward him when he shot it. Hinchcliff said the wardens also determined Outen had fired shots in the direction of houses, roads and several people who were watching the bear.
One witness stated they yelled at Outen not to shoot because the bear was in between the witnesses and Outen, Hinchcliff said.
Hinchcliff said the witness also reported the bear was not acting aggressive at any time, and appeared to be attempting to hide in some brush and was facing away from Outen when Outen began shooting at it.
The witness also reported that Outen made threats to beat anyone who said anything to the cops, according to Hinchcliff’s report.
Hinchcliff said several other witnesses stated that they had been watching the bear play in the creek and did not believe the bear was being a nuisance or presented any danger.
Deputy District Attorney Rachel Abelson prosecuted the case, Hinchcliff said.
On Feb. 13 Judge Andrew Blum sentenced Outen, placing him three years’ formal felony probation, sentencing him to 90 days jail and ordering him to pay a fine of $1,940, Hinchcliff said.
Hinchcliff said the handgun Outen used to kill the bear was ordered forfeited, he is subject to search and seizure, and he is prohibited from owning or possessing any firearm as a result of the felony conviction.
Carter said Outen actually will only serve half of the 90 days in jail because he will receive credit for good behavior and work time. She said serving half time is common for defendants in criminal cases.
She added that Outen will serve his time in the Lake County Jail where his family can visit him.