Game warden kills unarmed man
Ispy
shot and killed a man during a traffic stop was acting within his authority
to pull the driver over.
But the widow of James Sharpley of Hartselle has hired an attorney and is
considering filing a wrongful death suit for the Friday shooting.
Tim Cosby, chief of enforcement for Alabama Department of Conservation and
Natural Resources, said Conservation Officer John Raley and other game
wardens have the same authority as state troopers.
Raley, assigned to administrative duties until an investigation is
completed, shot and killed Sharpley, 33, at a RaceTrac service station on
Alabama 20 near Interstate 565 and the I-65 exit.
Raley had chased Sharpley for dangerous driving and speeding on the
interstate.
"We don't routinely stop people for speeding," Cosby told The Huntsville
Times for a Tuesday story. "We do get involved when we see someone creating
a public hazard, like driving under the influence or reckless driving or at
an excessively high rate of speed."
In 1971, the Alabama Legislature gave game wardens and the Alabama Marine
Police the authority to stop motorists for violations. The Alabama Supreme
Court upheld and reaffirmed the law in an October ruling.
Game wardens previously were limited to enforcing wildlife and fish
regulations.
"If we stop someone for night hunting and find drugs in the vehicle, we will
arrest them for drugs," Cosby said. "If during a stop someone is attempting
to elude us ... we can charge them for that."
Conservation officers must complete a 12-week course at the state trooper
training academy in Selma. They then undergo two weeks of training for
conservation duties.
Besides acting within his authority, Cosby said Raley had worked as a deputy
sheriff in Etowah County before joining the conservation agency in 1996. He
also had a stint as a jailer.
But Kevin Teague, attorney for Sharpley's widow, Joyce Lynn Sharpley, said
the shooting occurred after Sharpley refused to be detained when Raley
initially pulled him over.
Sharpley believed Raley did not have the authority to pull him over and
drove away before pulling into a service station where the shooting
occurred.
"When he pulled behind Sharpley at the service station, he drew his service
revolver and pointed it at Sharpley," Teague said. "We question why he
didn't call for Decatur police, since Sharpley had pulled into the station
and stopped."
A witness has said that Sharpley, who had convictions for crimes including
assault and illegal possession of a firearm after a felony conviction, did
not have a gun in his vehicle during the incident.
Authorities said Sharpley was shot as he reached into his vehicle while
Raley stood behind the door of his state truck.
Sharpley had his driver's license in his hand when he was shot and had only
been reaching for his license, said Brian Wagar, a passenger in Sharpley's
car. The two were returning home from work.
Wagar and Sharpley, an electrician, worked in Madison.
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