December 12, 2009
Hunting deaths lead to legal crackdown
Robert Tobias
Advertiser

CHARLESTON, W.Va. -- On April 27, the opening day of the spring turkey season, Shawn Stewart was shot and killed by another hunter. And if the killer hadn't dropped his hat almost a mile away, Stewart's death might have remained a mystery.

But thanks to an intense investigation that ranged as far afield as Delaware, West Virginia State Police and wildlife officials were able to track the shooter, Robert Leroy Tobias, to his home in Millersburg, Pa.

Tobias, 58, pleaded no contest to wanton endangerment and guilty to negligent shooting and failure to render aid in September. Earlier this month, he was sentenced to five years in prison.

Like the death of Nicholas Caldwell, a Kanawha County teenager killed by a fellow turkey hunter in April 2008, Stewart's death will have long-lasting repercussions.

In April 2009, at the urging of Caldwell's father, the Legislature made failure to render aid to a wounded hunter a felony. And in the aftermath of Stewart's death, West Virginia entered into the Wildlife Violator Compact, joining 31 other states in a reciprocity agreement.

"This cooperative interstate effort will enhance West Virginia's ability to protect and manage the state's wildlife resources for the benefit of all residents and visitors," Gov. Joe Manchin said last week.

Now, a hunter who violates West Virginia wildlife laws and regulations can have his or her license suspended in the 31 other member states.

'I knew he wasn't lost'

Stewart grew up in Walkersville, Lewis County, hunting deer and turkeys, but his true love was fishing, according to his widow, Tonya Stewart. Between the hunting and the bass fishing tournaments, the 32-year-old civil engineer was an accomplished outdoorsman.

"I never worried about Shawn when he was in the woods, hunting," she told the Sunday Gazette-Mail recently.

She had known Shawn in high school, but they hadn't connected as a couple until they ran into each other at the Gator Bowl in 2004. The following year, they married, and in 2007 they moved into a log house that Shawn had largely built himself.

In July 2008, their son, Zane, was born.

"Shawn was just the kind of person who got along with everybody," she said. "He was the kind of person who would always help anybody who needed help."

Early on the morning of April 27, he went turkey hunting with two friends in the public hunting area of Stonewall Jackson State Park, according to a 223-page criminal investigation report prepared by State Police Cpl. D.L. Cayton. When Stewart missed his 11 a.m. rendezvous with his buddies, they looked for him for several hours before they borrowed a cell phone from a passing hunter and reported him missing.

Troopers from the Weston detachment and officials with the state Division of Natural Resources organized a search that afternoon, but Stewart was still missing when they suspended the search at 11 p.m. until the next morning.

Stewart's friends and family members kept searching throughout the night, Cayton noted in the report.

"The later it got towards dark, the more I knew something was wrong," Tonya Stewart said. "I knew he wasn't lost. I thought for a while that he was hurt and he couldn't walk, but I thought if that was the case, he would've fired his gun."

Just before noon the following day, a volunteer searcher found Shawn Stewart's body, slumped over near the base of a tree.

A silver canoe and a camouflage hat

Initially, investigators didn't have much to go on. Stewart had been killed by a shotgun blast, but the woods were full of hunters carrying shotguns.

And although they found a red wad cup about 10 yards from Stewart, investigators could not find a shotgun shell casing. Cayton also found a white diaphragm call, used to lure gobbler turkeys to the hunter, in an unmarked, clear plastic box another 15 feet back, according to the report.

About a mile away, on the shore of the Charles Run Cove, another trooper found a Red Head brand ball cap with a face net and fake leaves attached to it.

Cayton and Michael Spangler, a conservation officer with the DNR, immediately began canvassing hunters in the area, asking them if they had seen anything. Some reported seeing two unidentified men in a silver canoe, which corresponded with Stewart's friends' recollection of having seen a truck with Pennsylvania plates and a wooden boat rack built into the bed.

On the following day, State Police Sgt. J.M. Garrett went to the Weston Wal-Mart and compiled a list of hunting licenses that had been issued to Pennsylvania residents.

Garrett and Cayton also decided that the camouflage cap required additional scrutiny.

"[We] concluded that, even though this item had been discovered approximately 3/4 miles from the scene, it could possibly be an item that had been inadvertently dropped by the responsible shooter while attempting to quickly leave this area," Cayton wrote in his report.

The investigators scrupulously ran down every tip. They watched surveillance videos from gas stations and grocery stores, hoping to catch a glimpse of a truck with a silver canoe.

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Posted By: Transplanted Hillbilly (8:48am 12-14-2009)
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Good police work to bring closure to Stewart's tragic death. Tobias is about as cold-hearted and inhumane as a person can get. I personally hopes he serves every single minute of his sentence. What a terribe tragedy. After 40 years in the woods, you would think this "hunter" would be familiar with the basic Hunter 101 principles/rules. Oh well. Perhaps the five-year refresher course will help him remember that being a hunter isn't just about pulling the trigger and killing.

Posted By: WVHillbilly (5:25pm 12-13-2009)
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Good job WVSP. I hope this guy is rotting in prison.

Posted By: movin on (4:28pm 12-13-2009)
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Excellant investigative work. I salute you.

Posted By: tomfool (5:31am 12-13-2009)
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This is an interesting, well written article; a real police procedureal.

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