The parents of a at a western Colorado campground have filed a federal lawsuit against the hunter accused of accidentally killing him.
Cory and Karla Burns on Tuesday submitted the wrongful-death action in Denver, of failing to exercise “reasonable care to correctly identify” where he was firing.
“A reasonable member of the community would regard the conduct as atrocious, going beyond all possible bounds of decency and utterly intolerable in any civilized community,” the suit says.
Justin Burns of Palisade was killed Sept. 13 by a gunshot wound to his chest at Big Creek Reservoir in the Uncompahgre National Forest, the Mesa County Coroner’s Office said.
Justin was bow hunting with his father when he was shot, according to the sheriff’s office. Justin’s death has been ruled a homicide.
Authorities say Pohto, , was a licensed hunter. Pohto faces allegations of reckless manslaughter and carelessly hunting wildlife and Thursday in the case.
Archery and muzzleloader seasons for various big game were in effect in Colorado at the time of the shooting. Bear rifle season also was active across the state.
Investigators have not specified what type of firearm killed Justin.
“Justin was an avid outdoorsman who loved nothing more than spending his time in the mountains with nature and his family,” his obituary says. “He loved hunting, hiking, camping, fishing and 4-wheeling.”
The teen was a student at Palisade High School. Justin is survived by a his brother, sister and parents.
The lawsuit seeks unspecified damages over $75,000.
Jesse Paul: 303-954-1733, jpaul@denverpost.com or @JesseAPaul
