John Boyle

Asheville

ASHEVILLE – A West Asheville man was found not guilty Wednesday afternoon of unlawfully killing a bear at his home last October, a shooting that outraged some in the neighborhood.

The jury had to decide whether Ernest James Page killed the bear in self-defense. Page acknowledged shooting the bear with a 30-30 hunting rifle on Oct 7, 2013, but he said he felt he was protecting himself and his daughter.

"I feel like I done what I had to do," Page said while awaiting the jury's verdict. "It's not like I wanted to do it."

The N.C. Wildlife Resources Commission charged Page with taking a bear out of season and discharging a firearm within city limits, both misdemeanors. A District Court judge found him guilty on both charges in September, but Page appealed the case to Superior Court for a jury trial, which concluded Wednesday.

Page acknowledged shooting the bear, but he and his attorney argued that he felt threatened by the animal, which weighed an estimated 150-175 pounds. If a person discharges a firearm or takes a bear in self-defense, the actions are excused, according to Judge Brad Letts' instructions to the jury.

Juror Lauren Whittemore said she and the other 11 jurors unanimously agreed with Page's account, but they did have a vigorous discussion. The jury deliberated for about two hours and 50 minutes before returning a verdict, finding Page not guilty of unlawfully taking a bear out of season, and not guilty of discharging a firearm within city limits.

"It was really just self-defense," Whittemore said in explaining the jury's thinking. "What we were stuck on was whether it was or wasn't self-defense. It was on his property, and he felt threatened."

At one point, the jury sent Judge Brad Letts a note saying jurors were deadlocked, but the judge sent them back to deliberate more. They came back about 20 minutes later with the not-guilty verdicts.

In the hallway after court, Page said he received "several hate letters" after the shooting and just wants the issue to go away.

"If I had my choice, there wouldn't be nothing in the media about this this time," Page said after court. "I'd like to just drop it. I've dealt with this for over a year, and I'm finally done with it, and I don't want nothing else to do with it."

His attorney, public defender Brooks Kamszik, referred questions to the Public Defender's Office. "Obviously, we're pleased with the verdict," he said.

Assistant District Attorney Doug Edwards tried the case but referred questions afterward to District Attorney Ron Moore.

Moore said he has dismissed some cases in the past where a person felt threatened and shot a bear, but they typically involved the person making a call to law enforcement beforehand and asking for help. Moore said Page did not do that and actually went inside his house with his teenage daughter after spotting the bear, then returned with the rifle.

"This is one where we felt like a judge or a jury should decide," Moore said.

He also said the burgeoning bear population in the mountains is a real problem, particularly in cases where a mother bear is protecting cubs.

"I think the N.C. Wildlife Commission needs to look at doing something about removing the bears in town, because it is getting to be too many, and I do think they are dangerous at times," Moore said, noting he saw a 400-pound bear at his house over the summer. "Given that, it doesn't mean the flip side is you can go out and automatically shoot any bear or other animal because you want to."

If convicted, Page would have faced a fine of up to $2,000 and a two-year loss of a hunting license.

The bear Page killed on Tanglewood Drive was probably about 1 1/2 years old and weighed 150-175 pounds, a Wildlife Resources officer said at the time. Page had been working in his driveway with his daughter, a high school student, when a neighbor called to say a bear was heading his way.

He and his daughter went into the house, and Page returned with the rifle. The fatally wounded bear rolled down a hill onto a neighbor's driveway.

Some neighbors in the area had named the bear "Audrey," and one writer on the West Asheville Facebook page wrote, "RIP Audrey, you will be missed. We enjoyed your visits to our gardens, bird feeders and yards. Audrey had become the unofficial mascot of the westside. Goodbye sweet Audrey. We loved you."

Page's attorney requested that his client's rifle be returned to him, and the judge agreed to let Page seek the weapon's return after a 30-day waiting period.