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taken about the distances, Warden Bankston replied, “It was 100 yards, not 100 feet, I’m sure. I made notes. I paced the distance the next day — it was consistent with what he told me: 100 yards.”
When Mr. Fletcher attempted to pursue whether or not any of the hunters involved was trespassing, Mr. Luke objected that it was not relevant.
Judge Foley agreed. “I don’t care if they were all trespassing. The question is whether there was the reckless discharge of a firearm. Let’s get back to the relevant question.”
Warden Bankston said that he walked through the area where Mr. Selvage said he shot the deer, and that he found no blood. He exphuned that “sometimes a deer moves a few steps before it begins to bleed — I looked around and found no blood.”
Saturday afternoon, Warden Bankston added, he found blood about 20 yards east of the place that Mr. Selvage had indicated Friday evening.
Following Warden Bankston’s testimony, which ended the prosecution’s case, Judge Foley asked to examine Mr. Selvage’s gun: a Remington Model 721.30-.06, fitted with a 3 X 9 power Bushnell lightenhancing telescopic scope. From his seat on the bench, Judge Foley pointed the gun out the window, sighting through the scope. He looked through it for a moment, then handed it back to bailiff W. A. Buntin without comment.
Mr. Fletcher moved to strike the charge against Mr. Selvage, on the basis that the Commonwealth had shown no recklessness on his part.
Mr. Luke argued that “recklessness is in the eye of the beholder.” Danger to life is one of the elements in the definition of the charge, he argued, and the shooting of Ricky Gray fulfilled that element.
Judge Foley found for Mr. Luke, agreeing that looking at the evidence “in the light most favorable to the Commonwealth,” the motion to strike should be denied.
The first witness for the defense was Dr. Frances P. Field, a medical examiner with the Northern Virginia district office.
She testified that her autopsy found a missile wound track which ran from an entrance wound on the lower right side of Mr. Gray’s torso, across the chest cavity and exited on the upper left front of his chest. She described the entrance wound as a “1/4 inch round hole,” and the exit
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