Unauthorized shooting on private property
Escalated confrontation with neighbors and Sheriff’s Office highlights need for a shooting range
As first reported by Weekly Register-Call senior reporter Lynn Volkens in the November 19th issue, Michael Kunzman, Bill Martin, and Brian Wareing appeared before Gilpin County Commissioners at the regularly scheduled meeting on November 17, 2009 regarding the discharge of firearms on a property in Missouri Gulch located in the Arapaho National Forest a mile or so up from Highway 119 and the Gilpin School. The property, owned by Trygve Lode of Littleton since 2001, is in the vicinity of the old town of Wide Awake, now commonly referred to as Uncle Charlie’s Ranch. Property owners Lode or Charlie Morgan were not present.
Wareing said he and Martin are from the Denver metro area, and were appearing at the Commissioners meeting because of an altercation with those who were shooting that involved another Denver friend, Michael Shearer. Wareing told Commissioners that documentary filmmaker Lode purchased the 20 acre property to film historic battle action scenes, and did not want people shooting at his property and was tired of always having to clean it up and haul out shot up trash before filming. He had hired a local realtor to be his property manager, and had posted the property with Private Property and No Shooting signage, and even put up a fence at one point. Regardless of the signage, those shooting had destroyed or taken down both over the past eight years. Wareing used a computer presentation to show the site, direction of shooting, targets, trees destroyed by shooting and the trash left behind. “It looks like a wasteland,” he said.
Adjoining property owner Kunzman referenced the pure spring water found at Charlie Morgan’s ranch and people traveling to the area to obtain the water. He said he’d visited the Lode property often as he has to pass by it on the dirt forest service road to access his own property, and determined the situation is a safety concern because the direction of the shooting is primarily towards Missouri Gulch Road and Morgan’s property. He said that he also spends a couple of days each year cleaning up the shot-up trash left behind on his neighbors property.
Per Shearer, on the Saturday in June 2009 when the altercation occurred, there were 7-10 unauthorized shooters on the 20 acres that was posted as private property with no shooting allowed. At the time, Shearer was working as a ranch hand for Morgan and was staying in the cabin on Morgan’s property across the road and downhill from the Lode property. He spent the morning cutting and stacking firewood over at the cabin and heard the shooting going on for several hours. Finally, after noticing bullet holes in the cabin’s outhouse and being concerned for his own safety, Shearer drove his pick-up the short distance up the hill to tell them that it was private property where no shooting was allowed and to ask them to leave. Because he was confronting multiple persons who were holding rifles, Shearer elected to stand behind his vehicle to talk to the shooters. When arguing with the armed persons, Shearer admitted to becoming agitated and waving and pointing his arm at the others as if he was armed, but stated he only had black work gloves on and no weapon.
Per the seven shooters in the reports they filed with the Gilpin Sheriff’s Office immediately after the confrontation, the property wasn’t posted, and being located right in the middle of the National Forest, it is legal to shoot there as obviously many others had been doing in the past per all the shot-up trash. They told the deputies that Shearer had threatened them with what appeared to be a semi-automatic type of a pistol, but per Shearer, he’s legally not allowed to even own a firearm, let alone carry one per a previous settlement with the FBI, CBI or TFA. So, it’s seven guys word against Shearer’s word, who apparently has a history with law enforcement. Shearer ended up being arrested within the hour once charges were filed and Deputies drove up to the Morgan property where Shearer had returned to.
The Deputies treated the situation in a SWAT-style arrest based on the charges filed as they’re trained to do when a man has threatened seven shooters with a handgun. They first cleared the area of other personnel, then called out and confronted and cuffed Shearer who didn’t resist arrest. The Deputies extensively searched the cabin and property for a handgun, but found none.
Sheriff Hartman says the case is out of his hands and the courts and jury have to determine whether Shearer was guilty of threatening the other seven guys with a handgun or not.
Since that incident, Shearer has obtained a good job after the short stint of being a hired hand at Uncle Charlie’s Ranch, and that new job is going to require him to travel out of the country. Since the trial isn’t set until late spring, this trial may cost him the job that he’s worked hard to get. His friends are trying to help get the charges dropped against him.
Shearer says that he owns some adjoining property to Morgan’s or Trygve’s, so should have a valid right to protest the shooting on his neighbor’s property.
Because this is an active pending case which is scheduled to go to trial sometime this spring, both the Gilpin County Sheriff Bruce Hartman and the District Attorney Scott Storey can’t comment or discuss and specifics.
Even if they’re unable to help their friend, the long-term solution, said Wareing, is to designate a legal and authorized shooting area in the county, pursue those who shoot in undesignated areas, and make them stop.
Sheriff Hartman agreed that a designated area, such as a sport shooting range would be best. He brought a map to the Commissioners meeting showing dozens of sites within the County (most on private properties) where folks have shot, or are discharging firearms. He is looking into potential firing range sites in Gilpin, and the Commissioners have also been looking for a 20-30 acre site that they could obtain from the Bureau of Land Management or Forest Service, and for funding to build a range that law enforcement and the public can share. Commissioner Schmalz pointed out that building a range won’t stop those who shoot on public Forest Service lands or private property. Both are allowed as long as there are proper backstops and shooting is done safely.
If shooting on private property is a violation of subdivision covenants, said Hartman, it can be pursued as a civil case via the Homeowners Association, but as long as the shooting is being done safely, the Sheriff has no authority in these cases. Meanwhile, Sheriff Deputy patrols in Missouri Gulch have been increased, which may be deterring those who have been illegally using the property for shooting as deputies have not found anyone there since this incident. Hartman asked Commissioners to move the shooting range issue up on their priority list.
One recent option that is being discussed informally by Commissioners and local shooting enthusiasts is to solicit private land donation of the 20-30 acres needed for a public shooting range that would be maintained by either the County or by a private organization with sponsorship from the NRA and Forest Service, and maybe with a small membership fee to help with maintenance. This would help ease the tension between mountain property owners, hiking and biking enthusiasts, and those who want to practice target shooting in a safe and responsible manner.