A West Tisbury man has had his guns seized and is facing criminal charges after shooting an injured deer on Barnes Road.
Rafael N. Louback, 36, is being charged with discharging a firearm within 150 feet of a highway, hunting without a license, hunting at night and hunting out of season.
On Feb. 29, Edgartown police were dispatched to a motor vehicle accident involving a deer on Barnes Road, according to the police report. The responding officer, Jake Sylvia, found two cars on scene.
The report states that Liana Cajado had hit a deer and called her husband, Mr. Louback, to assist her. Mr. Louback then called police to report the incident and drove to the scene to help his wife.
When Mr. Louback arrived, he found the deer “flailing around,” and unable to move itself from the travel lane, Officer Sylvia wrote. After numerous unsuccessful attempts to remove the deer from the road, Mr. Louback “said he then drew his 9mm handgun from his waistband and fired one round into the deer’s head,” the report continued.
It was noted in the report that there were no homes within 1,000 feet of the area where Mr. Louback discharged his weapon.
Mr. Louback’s 9mm Ruger pistol was seized by officers on scene. Edgartown police then notified West Tisbury police of the incident, who secured the rest of Mr. Louback’s guns at his residence, according to the report.
Edgartown police then contacted local environmental police Sergeant Scott Opie, who advised that Mr. Louback may be charged with hunting violations in addition to the criminal gun charge.
“I appreciate the intent of the action, but that is not his job,” said Edgartown police chief Bruce McNamee, of Mr. Louback’s decision to euthanize the deer. “The officer dispatched would be the one to make that call.”
Mr. Louback has a hearing scheduled before the clerk magistrate on Wednesday, which will determine if there is probable cause to make an arraignment.
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