Department of Environmental Conservation

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For Release: Tuesday, December 11, 2012

DEC Charges Esperance Man In Hunting Related Shooting

On December 5, the New York State Department of Environmental Conservation (DEC) police charged Timothy E. Kelly, 47, of Esperance, Schoharie County, with criminal possession of a weapon in the second degree, a class C felony, DEC Regional Director Gene Kelly announced today.

The charges stem from an investigation of a Nov. 22 shooting incident in town of Esperance conducted by DEC and the Schoharie County Sheriff's Office.

"I would like to thank Schoharie County Sheriff Anthony Desmond for his assistance in bringing this case forward," said Regional Director Kelly. "We encourage anyone with information about suspicious hunting practices to contact our 24-hour dispatch hot line at 1-877-457-5680."

Timothy Kelly was deer hunting with a relative and while approaching a deer that had been legally shot, Mr. Kelly accidentally dropped a .22 caliber revolver which then discharged one round striking himself in the backside. Mr. Kelly was transported to Albany Medical Center Hospital for treatment of non-life-threatening injuries.

Mr. Kelly did not have a valid New York State pistol permit for the unregistered handgun, which is a felony. Mr. Kelly was also charged with hunting deer with .22 caliber rim fire ammunition, which is a violation of the NYS Environmental Conservation Law. The class C felony is punishable by up to 15 years in prison.

Mr. Kelly is due to appear in Esperance Town Court on January 2, 2013 to answer the charges.

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