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Charges dropped in Park shooting

by Chris Peterson Hungry Horse News
| October 22, 2014 7:09 AM

The U.S. Attorney’s office has dropped a charge against a Texas man who shot a grizzly bear in Glacier National Park on July 26. The man said he shot the bear in self-defense.

Brian D. Murphy, 57, was hiking on the Mount Brown Trail when he encountered the bear about half a mile from the lookout. He said he was wearing bear bells, carrying bear spray and making noise to alert bears of his presence.

Murphy’s attorney, Jason Holden, gave more insight into the incident.

“When Mr. Murphy first saw the bear, it was running down a hill toward the other hikers,” Holden said. “He yelled, ‘Bear!’ to warn them, and as soon as he yelled, the bear turned and came straight at him.”

Holden said Murphy then used his left hand to spray the bear when the bear was about 15 to 25 feet away. The bear continued after Murphy and he shot the animal in the head with a single round from a .357 revolver when it was 7 to 10 feet away.

Murphy was charged with a misdemeanor charge of discharging a firearm in a national park. Federal law allows people to carry firearms in national parks, but discharging them, except in cases of self-defense, is illegal. Carrying a gun in national parks was illegal in the past, but Congress changed the law a few years ago.

Holden said Murphy showed restraint.

“He showed discretion in shooting only once,” Holden said.

The bear fell back and was motionless, Holden said. Murphy meanwhile stopped everyone else on the trail and they retreated.

Park rangers were never able to locate the wounded animal, which left the immediate area. DNA testing later confirmed it was a grizzly, Holden said.

The case was dismissed with prejudice by U.S. Magistrate Judge Keith Strong on Oct. 9, meaning Murphy cannot be re-charged in the case.

Murphy is an avid hiker and photographer, Holden said. He was not taking pictures of the bear at the time of the incident.

There is a possibility the grizzly bear survived. Bears in the past have been known to survive gunshots to the head.

Park officials remind visitors that hiking alone is not recommended, and bear spray is a proven and effective bear deterrent.

The U.S. Attorney’s Office referred questions to its public information officer Keri Leggett. She did not return a call seeking comment.