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    Stephen Gombos Final Decision

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    Editor, Hartford Courant
    A final decision in the matter of Stephen Gombos, which rejects Gombos's request for restoration of his hunting privileges. Gombos shot and killed Woodbridge Deputy Police Chief William Garfield on November 20, 1999 in a hunting accident.

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    Stephen Gombos Final Decision

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    Editor, Hartford Courant
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    A final decision in the matter of Stephen Gombos, which rejects Gombos's request for restoration of his hunting privileges. Gombos shot and killed Woodbridge Deputy Police Chief William Garfield on November 20, 1999 in a hunting accident.

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    042409StephenGombosFinalDecision

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    A final decision in the matter of Stephen Gombos, which rejects Gombos's request for restoration of his hunting privileges. Gombos shot and killed Woodbridge Deputy Police Chief William Garfield on November 20, 1999 in a hunting accident.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    86 views3 pages

    Stephen Gombos Final Decision

    Uploaded by

    Editor, Hartford Courant
    A final decision in the matter of Stephen Gombos, which rejects Gombos's request for restoration of his hunting privileges. Gombos shot and killed Woodbridge Deputy Police Chief William Garfield on November 20, 1999 in a hunting accident.

    Copyright:

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    STATE OF CONNECTICUT

    DEPARTMENT OF ENVIRONMENTAL PROTECTION

    OFFICE OF ADJUDICATIONS

    IN THE MATTER OF LICENSE SUSPENSION


    DEP ORDER NO.: 99-11256

    STEPHEN GOMBOS : APRIL 24, 2009

    FINAL DECISION

    A hearing was held on April 22, 2009 regarding the request of Mr. Stephen
    Gombos to have his hunting privileges in the state of Connecticut restored. The parties in
    attendance included Mr. Gombos mad his attorney, Donald Tamis and Capt. Rick Lewis
    representing the Department of Environmental Protection (DEP) and its Enviromnenta!
    Conservation Police. Also in attendance were Mr. William Graham and Ms. Cathie
    Garfield who spoke on the record pursuant to Regs, Conn. State Agencies §22a-3a-6(t).
    Based on the evidence in the record, I find as follows.

    Findings of Fact

    1. On November 20, 1999, Stephen Gombos fired his rifle while hunting and shot
    William Garfield in the chest causing his death. Mr. Gombos fired his rifle carelessly
    and before properly identifying his target. (Ex. DEP-1).

    2. Mr. Gombos voluntarily relinquished his hunting license and privilege to hunt in
    Connecticut on April 12, 2000 pursuant to General Statutes §26-62. (Ex. DEP-4)

    3. Mr. Gombos was notified on October 17, 2008 that his hunting privileges were
    indefinitely suspended and that the suspension remained in effect. (Ex. DEP-2).

    4. Mr. Gombos has not completed a remedia! hunter education course as required by
    §26-62 for restoration of his hunting license or privileges. Mr. Gombos was aware that
    the firearms safety course he completed on March 3, 2008 did not qualify as a remedial
    hunter education course. (Ex. RESP-1; test. 4/22/091, S. Gombos, K. Schneider).

    ~ The testimony and proceedings in this matter were recorded. No written transcript has been prepared.
    The audio recording of this hearing is on file with the Office of Adjudications and is the official record of
    this proceeding. (Printed on Recycled Paper)
    79 Elm Street ¯ Hartford, CT 06106-5127
    www.ct.gov/dep
    An Equal Opportunity Employer
    Conclusions of Law

    Based on these findings of fact and as a matter of law, I cannot restore Mr.
    Gombos’s hurtling privileges until he completes a hunter safety education course. "Any
    person whose hunting license is under suspension pursuant to this section shall
    successfully complete a remedial hunter education course as required under section 26-31
    prior to any restoration of his privilege to obtain a hunting license." General Statutes
    §26-62. Mr. Gombos has not met this basic requirement for restoration.

    The present request for restoration can be rejected solely for the failure to
    complete the hunter education course. However, based on the evidence presented and in
    accordance with DEP’s recommendation, I conclude that even if Mr. Gombos completes
    the required hunter education course, he should not have his hunting license or privilege
    to hunt in the State of Connecticut restored. The Commissioner enjoys broad discretion
    in deciding whether to suspend someone’s license under §26-62 and likewise whether to
    restore someone’s license or privilege to hunt after it has been suspended. Mr. Gombos,
    when offered an opportunity at the hearing, was unable to articulate through his own
    testimony or through his attorney the reasons why his license or privilege to hunt should
    be restored other than the passage of time. This explanation was insufficient and the lack
    of mitigating facts in favor of restoration is distinct. Furthermore, Mr. Gombos was not
    even prepared for the result he sought as evidenced by his knowing failure to complete
    the required hunter education course. Finally, as noted by DEP, Mr. Gombos has
    expressed no need for the restoration of his hunting privileges.

    The investigative report of the Environmental Conservation Police indicates that


    Mr. Gombos acted carelessly in failing to adequately identify his target before
    discharging his weapon. Although he did not intentionally cause the death of Mr.
    Garfield, the accident was certainly preventable. The surest way to prevent a similar
    incident is to continue the indefinite suspension of Mr. Gombos’s privilege to hunt. As it
    authorizes the use of a deadly weapon, a license or privilege to hunt in the State of
    Connecticut carries significant responsibility. It is clear that this state’s hunting statutes
    and regulations are intended to prevent and deter certain reckless and irresponsible
    conduct. Where lives are at stake the Commissioner’s discretion must be exercised on
    the side of utmost caution. Therefore, I reject Mr. Gombos’s request for restoration of his
    hunting license or privileges. His license and privilege to hunt remain indefinitely
    suspended.

    Kenneth M. Collette, Hearing Officer

    Donald H. Tamls, Esq.


    Capt. Rick Lewis, Environmental Conservation Police
    PARTY LIST

    In the matter of Stephen Gombos


    (Suspension of Hunting License)
    Case No. 99-11256

    PARTY REPRESENTED BY

    Stephen Gombos Donald H. Tamis, Esq.


    292 Amity Road P.O. Box 351
    Bethany, CT 06524 Seymour, CT 06483

    ------------------------------------------------------------------------------------------------------------

    Department of Environmental Protection Capt. Rick Lewis


    ENCON Police
    79 Elm Street
    Hartford, CT 06706

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