JURY TRIAL DEMANDED
The sister of a well-known outdoorsman, who was shot and killed while predator hunting at night, has filed a $10.35 million wrongful death lawsuit in Lunenburg Circuit Court.
Brandy Gaulding Roque of Lunenburg is the sister of William “Bug” Gaulding, 54, of Victoria, and executor of her brother’s estate. She’s demanding a trial by jury.
‘Bug’ Gaulding was fatally wounded shortly after 10:30 p.m. Monday night, Feb. 17th in the Keysville area of Lunenburg. He was pronounced dead at the scene.
Gaulding was alone and hunting bobcats and coyotes on land where he had permission to do so.
Two other men, including defendant Jonathan A. Bailey of Mecklenburg County, also were hunting the property — and also had permission — but weren’t hunting with Gaulding.
Bailey hasn’t been charged with a crime in the incident, which remains under investigation.
Ms. Roque’s eight-page lawsuit claims Bailey possessed and was using a thermal scope on his .243 rifle, and that the scope “is designed to detect heat signatures and clearly distinguish between human figures and animals — even in darkness.”
Ms. Roque’s suit claims that Bailey’s scope “would have revealed that Bug Gaulding was a human and not an animal” and that Bailey “negligently discharged his firearm in Gaulding’s direction without properly identifying his target.”
The suit claims that additionally, Bailey “negligently shot in the direction of the road, creating additional risk to the public and violating fundamental hunting safety principles.”
The state Dept. of Wildlife Resources has not yet disclosed the distance between Gaulding and Bailey, but there have been some reports that the distance was approximately 400-450 yards.
The week of the incident, DWR said Bailey and his companion remained on the scene until EMS and authorities arrived on the scene, and that they cooperated with the investigation.
Ms. Roque’s lawsuit alleges that Bailey “violated multiple cardinal rules of hunting safety, including: the rule requiring positive identification of the target before shooting; the rule requiring awareness of what lies beyond the target, as defendant Bailey negligently shot in the direction of a road; the rule against shooting at movement, shapes, or sound without positive identification…”
The suit further alleges: “The thermal signature of a human is substantially different from that of a bobcat or coyote, making defendant Bailey’s failure to distinguish between them evidence of a conscious disregard for safety protocols….Defendant Bailey chose to hunt in an area where he knew — or should have known — that other hunters might be present without taking adequate precautions to ensure their safety.”
The suit seeks $10 million in compensatory damages including: compensation for expected loss of income of the decedent; compensation for services, protection, care, and assistance provided by the decedent; compensation for sorrow, mental anguish, and solace, including society, companionship, comfort, guidance, kindly offices and advice of the decedent; compensation for the reasonably expected loss of income, services, protection, care, and assistance of the decedent that would have been received by his statutory beneficiary; and reasonable funeral expenses.”
An additional $350,000 in punitive damages also is being sought.
The plaintiff, Ms. Roque, is being represented by Wind Law in Richmond. Defendant Bailey has 21 days to respond to the suit, which was filed this past Monday, April 28th.
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