THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Friday, May 19, 1995 TAG: 9505190519
SECTION: LOCAL PAGE: B1 EDITION: FINAL
SOURCE: BY SCOTT HARPER, STAFF WRITER
LENGTH: Long : 121 lines
Gov. George Allen formally reprimanded the state director of conservation and recreation Thursday for pulling a .45-caliber automatic handgun and shooting two wild pigs at False Cape State Park late last month.
The governor met privately with his conservation chief, H. Kirby Burch, and told him: ``While you did not violate a law, you clearly took advantage of your position,'' according to a one-page statement released by Allen's office late Thursday.
``The general public would not be able to drive through the park, stop their vehicle and shoot a feral pig,'' he was quoted as telling Burch, a political friend and hunting partner of Allen's. The governor appointed Burch last June.
Allen based his reprimand on a report, also released Thursday, compiled by the state internal auditor from interviews of 13 state park officials who saw the shooting on April 26.
Late that afternoon, the report said, Burch stopped a four-vehicle caravan carrying about 40 officials to a dinner meeting inside False Cape in Virginia Beach after he noticed two pigs on the side of a dirt road.
He loaded his handgun with an ammunition clip and shot the pigs while standing just outside his Jeep. Burch killed the first pig, which weighed about 40 pounds, with a shot to the head.
The second pig, a sow weighing about 140 pounds, was shot in the spine but was still alive when Burch left. He did not shoot again to kill her because, the report said, ``there was only one bullet left which might be needed for protection from other feral pigs.''
Two department staffers later shot the sow to death with a service revolver borrowed from a park ranger. Both pigs were dressed and prepared for fare at a barbecue honoring Virginia National Guardsmen.
Burch broke no hunting or personnel rules, the report concludes, nor did he endanger any hikers or park visitors, because the park was closed to the public that day and gates to the access road were locked.
Still, the report calls Burch's actions that day ``not a wise decision.''
``As an agency head, the director should be aware that his actions are closely scrutinized by state employees and members of the general public,'' the report says, ``and even the appearance of an impropriety is inappropriate.''
Two regulations that received particular attention from investigators were a prohibition on hunting within 100 yards of a road, and a personnel rule that bars state employees from carrying weapons on state time.
Burch did not violate either rule, auditors and lawyers concluded. The dirt road inside False Cape which Burch shot from is ``not part of the state highway system,'' the report said. ``The Department of Transportation had no record of any public access roads into this area and does not maintain the property.''
On the personnel matter, Burch was cleared because of a department rule that permits employees or officers of state parks to carry firearms inside parks. As the chief officer of state parks, Burch is allowed to carry a weapon, too, the report said.
Further, the report said conduct rules apply only to classified employees and not gubernatorial appointees such as Burch.
The report noted how several witnesses were disturbed at observing the shooting, especially since they had no warning that shots might be fired.
Burch told investigators that he hunts with ``due attention to humane treatment of animals,'' the report said. But in this case, he was forced to leave the scene for lack of bullets and because he was needed at the meeting. ILLUSTRATION: Photo
H. Kirby Burch
Color photo
Graphic
EXCERPTS FROM THE STATE REPORT
Here are excerpts from the state auditor's report on the False
Cape pig incident:
There were four vehicles traveling to a meeting at the
Educational Center within False Cape State Park. The first vehicle
was the Director's personal vehicle carrying the director and three
other members of DCR (Department of Conservation and Recreation)
management, followed by a state van carrying nine DCR employees. The
third vehicle was a state-owned Explorer carrying five DCR
employees, followed by a state-owned bus carrying additional DCR
employees.
``The Director (H. Kirby Burch) stated that he had an unloaded
.45-caliber automatic handgun in a piece of luggage located in the
back of his jeep. After entering False Cape State Park, another DCR
employee riding in the back seat handed the gun to the Director, who
was sitting in the front passenger seat. At the scene of the
shooting, the Director stated that he removed a loaded clip from the
glove box and loaded the gun. None of the witnesses contradicted
this statement.
``The Director shot two feral pigs; he first shot a small pig
weighing approximately 40 pounds and next shot a sow feral pig
weighing approximately 140 pounds.
``The Director stated that he is an avid hunter who hunts in a
responsible manner with due attention to humane treatment of animals
and to human safety.
``The Director stated that the second feral pig (sow) was still
alive after it fell. However, the Director decided not to fire
another shot at the pig since there was only one bullet left which
might be needed for protection from other feral pigs. The director
stated that he could not get a clear view of the fallen pig or get
any closer to its direction to continue shooting. Also, he stated
that one bullet hit the pig's spine which is usually a fatal shot.
``The Director decided to leave the scene and to immediately
return to retrieve the pigs, so he marked the spot of the fallen
pigs, got back into his vehicle and continued to the Education
Center. Two of the employees riding with the Director volunteered to
retrieve the feral pigs, since the Director was needed at the
meeting.
``The two employees stated that the small pig was dead when they
returned but the sow was still alive. The employee then fatally shot
the sow with the service revolver. They returned with the pigs,
which were then cleaned and prepared for cold storage.''
by CNB