WCAX.COM Local Vermont News, Weather and Sports-Madden Gets 1 Year in Jail for Deadly Hunting Accident

Madden Gets 1 Year in Jail for Deadly Hunting Accident

Burlington, Vermont - September 18, 2009

"I want to apologize for taking David away all of you," Timothy Madden said in court.

Madden's apology to David Jenkins' family comes two years after Madden shot Jenkins while the two best friends were deer hunting in Milton.

Madden admits he fired two shots at his friend mistakenly believing him to be a coyote. Madden later told police that after firing a second shot he turned to another hunting partner and said "Well whatever it was, it's down now."

Prosecutors say that statement alone proves Madden is guilty of manslaughter.

"Mr. Madden was negligent in that he did not exercise his due care which is rule one in hunter safety is to positively one-hundred percent identify the target before you pull the trigger," said T.J. Donovan, the Chittenden County Prosecutor.

Madden pled no contest to involuntary manslaughter as part of a plea agreement and that will send him to prison for at least one year. That is not long enough for Jenkins family who questioned the sincerity of Madden's apology because he fought the charge in the courts for two years.

"You have done nothing but jerk my family around," said Karen Jenkins, the victim's sister-in-law. "You haven't accepted responsibility for your actions and the terms of the deal in not enough."

Madden's conviction for manslaughter means he is guilty of a felony and under federal law he can never again purchase, possess or use a firearm. However under Vermont state law he is still eligible to apply for a hunting license after five years and he could technically still go hunting again in Vermont with a muzzleloader or a bow and arrow.

"This was an act that was avoidable. As a matter of fact it was an act of incredible stupidity," Vt. District Court Judge Michael Kupersmith said.

Judge Kupersmith accepted the plea agreement he hoped would serve as a lesson to other hunters.

"I cannot understand how somebody in the woods can aim a deadly weapon at a target when he is not absolutely 100-percent certain what the target is," the judge said.

Madden was given six weeks to take care of some personal matters and was ordered to report to prison November 1.

Brian Joyce - WCAX News

Related Stories:

Madden to Take Plea Deal

Plea Deal Falls Apart in Fatal Hunting Accident

Possible Change of Plea in Fatal Hunting Accident

High Court Rules on Hunting Fatalities

Hunter Pleads Not Guilty to Manslaughter

Hunter to be Charged With Manslaughter

Police Investigate Fatal Hunting Accident

Hunting Accident in Milton

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