Published in The Stake and Epitaph
Hunting close to a new subdivision in Maine on Nov. 15, 1988, Donald Rogerson believed he saw a deer through his rifle sight and fired. Then he saw “the white flags” (buttocks of the aptly named white tailed deer) and fired a second time. When he ran over to examine his kill he discovered the dying body of Karen Wood.
As a licensed hunter, Rogerson was obligated to be absolutely certain he had a deer in his scope when he shot. Investigators found no evidence of a deer in the area — no deer hair, footprints, droppings, etc. Karen Wood was in her own wooded backyard and five feet within her own property when she was killed.
Nevertheless, opinion in Maine was heavily divided as to who was most at fault in the accident. To many, Karen Wood’s death symbolized a clash between rural traditions cherished by Maine natives and suburban newcomers — like the Wood family — unwilling to properly familiarize themselves with local practices.
Some of these “Old Mainers” criticized the victim for contributing to her own death, saying, “Karen Wood would be alive today if she hadn’t been dressed like she was.” What was wrong with Ms. Wood’s clothing? Her apparel lacked anything orange, the color that has traditionally alerted hunters to humans. She was also wearing white mittens, which Rogerson apparently mistook for a deer’s backside.
These comments uncannily echo the classic apology for rape, i.e. “She asked for it. What was she doing in a bar wearing a see-through blouse and miniskirt?”
But instead of entering a drinking place in a Scarlet Woman’s outfit, Karen Wood brazenly sauntered into the backyard of her own home attired in a daring blue sweater and provocative white mittens.
It is only fair to state that Donald Rogerson is by all accounts a very nice man and has said many times that he is terribly sorry for the accident. But he has never admitted fault — a distinction that is important.
The legal disposition of the case is quite interesting. One grand jury refused to indict Mr. Rogerson; a second returned an indictment for manslaughter. Under Maine law, manslaughter is the reckless or criminally negligent killing of a human being. A jury deliberated for nine hours before acquitting Mr. Rogerson.
The jury’s verdict appeared to confirm the arguments of those who thought blame was shared between the shooter and the shot. Together with those arguments, it would also seem to suggest new laws to protect the state’s citizens from such tragedies in the future.
Perhaps all Mainers who venture out-of-doors during hunting season should be legally required to hang an orange sign around their necks with the legend: “Warning! I am not a deer!” In addition, the sale, import, or possession of white gloves should be outlawed within the state so its residents will not be tempted to impersonate deer butts.
