After ‘horror show’ hiker rescues, N.H. asks whether criminal charges are the next frontier

kmudgn

Steelhead
From the Boston Globe

After ‘horror show’ hiker rescues, N.H. asks whether criminal charges are the next frontier​


Sloping peaks rose into a clear afternoon sky and hikers basked in the late-spring sun. Tentative newcomers and seasoned backpackers made their way through the White Mountains along a vast network of trails, deeply beautiful yet potentially hazardous.
It was, in other words, a routine Saturday in these parts. Until James Kneeland’s phone rang.
Kneeland, a lieutenant with New Hampshire’s Fish and Game Department responsible for overseeing hundreds of rescue missions each year, had grown accustomed to hikers venturing into the mountains with minimal precautions, especially during the pandemic, when a surge of novices had embraced the outdoors with little appreciation for its dangers. It had strained the capacity of rescuers, a hardy band of government employees and volunteers, and placed them in precarious situations time and again.
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But through it all, he hadn’t seen anything like this egregious case of the ill-prepared blundering into harm’s way. And it would represent a breaking point, prompting New Hampshire officials to take a defiant stand against irresponsible hiking that has rippled through the mountaineering world from the Cascades to the Blue Ridge Mountains.

Two men in their 20s had set out on a hike in Franconia Notch State Park the afternoon of June 11 as if strolling through their neighborhood. They wore short-sleeved shirts and shorts and brought no extra layers. They carried no food, no water, no equipment.
“They had nothing,” Kneeland said.
RELATED: Here’s what to know before hiking the New Hampshire mountains
Given the temperature was in the mid-70s that day, that might have been a relatively small risk. But after starting on the Greenleaf Trail, a meandering path up the rugged landscape of Mount Lafayette, they veered off course and began bushwhacking through woods, then tried climbing Hounds Hump, an alpine crag popular with rock climbers, without equipment or mountaineering skills.
Mount Lafayette, the ninth highest peak in the White Mountains, is seen from Franconia.
Mount Lafayette, the ninth highest peak in the White Mountains, is seen from Franconia.JESSICA RINALDI/GLOBE STAFF
It was a baffling miscalculation, rushing heedlessly into unforgiving terrain, that placed them in danger almost immediately. They became separated, and as one hiker managed to reach the top of the cliff face, the other became stuck on a ledge, terrified he would fall if he moved at all.
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At 2:15 p.m., the man who was trapped called 911. He could not say where he was or how he had gotten there. He said he could see the highway and thought they were somewhere on the Hangman Trail on Alpine Mountain. Neither exists in New Hampshire.
“It was just a horror show from start to finish,” said Colonel Kevin Jordan, the fish and game department’s chief of law enforcement.
As Kneeland oversaw the team of conservation officers and volunteers tasked with rescuing the wayward pair, he received 53 calls from the trapped hiker over the next two hours, begging for help to come before he fell. Rescuers below could hear his frantic cries, and in time they were able to coax him to move carefully into a more visible position. Using a drone to survey the rock face, they pinpointed his location. Climbers then rappelled down to lift him to safety, just as the sun was starting to set.
One of the rescuers, a professional rock climber, later told Kneeland he would never take the route the hikers did, even with a harness and rope.
The hikers offered little explanation and no apology for their misadventure, and the hiker rescued at the top quickly asked for an attorney. When Kneeland told Jordan about the ordeal, Jordan made a decision on the spot. For the first time in his 30 years with the agency, officials were going to charge the men criminally for placing “another in danger of serious bodily injury.”




Colonel Kevin Jordan is chief of law enforcement for the State of New Hampshire Fish and Game Department.


Colonel Kevin Jordan is chief of law enforcement for the State of New Hampshire Fish and Game Department. JONATHAN WIGGS/GLOBE STAFF

After years of providing a safety net to errant hikers, it was time “to send a public message,” he said.
“The absolute goal of charging these guys — one of the primary goals — was to let people know that if you are this careless, if you show this blatant disregard for human safety, there’s a consequence for that and it’s a significant one,” Jordan said. “It’s a little wake-up call.”
As the number of rescues and the risk involved increased in recent years, New Hampshire officials did not hesitate to charge ill-prepared hikers for the cost of rescue missions. But the financial deterrent only went so far and frustration steadily mounted. There was a consensus among officials that a line had to be drawn.
Dylan Stahley, 25, of Windsor, N.H., and Jason Feierstin, 22, of Lowell, were charged with reckless conduct. In August, they pleaded guilty in exchange for the charges being reduced from a misdemeanor to a lesser violation. They were fined $200 and received a $48 penalty assessment. Neither returned Globe requests for comment.
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The extreme circumstances of the rescue, and the charges that followed, have made headlines and reignited the debate about how to deal with costs and risks of search and rescue missions, especially in a state known for its love of the natural world and its belief in personal responsibility. Spirited discussions of the ethics of assessing fines or criminal penalties have raged on social media and hiker forums across the country.
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“Some people think that if people are more aware that they will be responsible financially for a rescue operation, that people may be more conservative in what they do while they recreate,” said Wesley Trimble, a spokesperson for the American Hiking Society. But others worry that hikers who find themselves at risk may hesitate to seek help, fearing “penalties and financial responsibility,” he said.
While the American Hiking Society has not taken an official stance on the issue, the charges in New Hampshire have intensified a national conversation about the responsibility of people who take to the great outdoors.
The steady rise in novice hikers has led to more accidents, he said. Rescue teams have been overwhelmed with calls, raising questions about safety and funding.
“I think this case in New Hampshire is just one more kind of step” in the debate, Trimble said.
New Hampshire is among a small number of states — including Maine, Vermont, Oregon, Idaho, California, and Hawaii — with laws that allow officials to bill people for the cost of rescues in certain scenarios. It’s also seen as being the most aggressive in pursuing such claims, which critics have described as punitive and potentially dangerous.
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In an average year, about a dozen hikers are billed for the cost of being rescued, Jordan said. In the last fiscal year, the New Hampshire Fish and Game Department spent more than $240,000 on hiking and drowning rescues.
“There’s a lot of people moving in that direction because they’re all fed up with it. It costs the states a lot of money and there’s no accountability for it,” Jordan said. “So we get calls from all over the country asking how it works. And it works well for us.”
Three of the major volunteer search and rescue teams in New Hampshire — the Mountain Rescue Service, Androscoggin Valley Search and Rescue, and Pemigewasset Valley Search and Rescue — declined to comment on the issue, instead deferring questions to state officials.
A hiker was carried to an ambulance after slipping and falling on the Falling Waters Trail in Franconia, N.H.


A hiker was carried to an ambulance after slipping and falling on the Falling Waters Trail in Franconia, N.H. NEW HAMPSHIRE FISH AND GAME FACEBOOK

The surge in hikers since the pandemic is well-documented in the Granite State. On any given day, cars with license plates from Missouri to Rhode Island to Connecticut fill parking lots at trailheads, Jordan said. As families with young kids in tow and city dwellers less accustomed to the threats of nature seek refuge in the mountains, officials and outdoor groups have emphasized safety by chronicling the details of accidents and rescue missions — often adding stern recommendations to plan ahead.
RELATED: As more hikers explore the White Mountains, calls for help climb, too
Around 200 rescue missions have been completed annually in recent years. This September alone, hikers had to be rescued after they were stranded off-trail in the darkness, sustained injuries that prevented them from going further, or became separated from their group.
An injured hiker was airlifted off Mount Monadnock.


An injured hiker was airlifted off Mount Monadnock.MAULLY SHAH
But some hikers with decades of experience believe that extreme cases deserve severe consequences.
Count Scott Taylor, 63, among that group. A hiker since boyhood, the deputy chief of the Sanbornton Fire and Rescue Department is familiar with rescues and how fraught they can become. It was the death of someone he knew well — a volunteer named Albert Dow who was caught in an avalanche on Mount Washington in 1982 while trying to rescue a hiker — that first stirred the debate about who should be held liable for the burden of mountain rescues.
When people willfully ignore guidelines or dismiss warnings about hazardous conditions, they are putting the lives of others at risk, he said. Volunteer teams and conservation officers, he noted, are “stretched thin” and lacking resources as it is.
“I certainly am hoping it sends a message” to other hikers who make poor decisions, he said of the charges. “I guess I find it upsetting because people think they are invincible.”
The mercurial weather in the mountains poses a greater danger as fall settles in, and Kneeland expects the number of rescues — which have picked up in the past couple of months — to rise further still.

“It’s just one that I felt like we had to do in order to hopefully protect the volunteers and the rescue folks down the road from reckless behavior,” he said. “I think that I finally had had enough.”
 

Gyrfalcon22

Life of the Party
the outdoors, and particularly the trails are..to put it bluntly.. full of a new breed of idiots. Instagram and internet fads have caused a rush of folks who don't belong out there and are bad in every way..right up to risking rescuers. Many dying and hurt is not slowing them down. No shock.

Charge them heavily.
 

cdnred

Life of the Party
I think being charged for getting rescued is great idea. There are too many idiots out there doing irresponsible actions without any concerns for the outcome. In the Great Lakes area, I've seen many times where ice fishermen have gone out on the ice under bad conditions and then expecting the Coast Guard to come to their rescue as a free service. People need to realize not only the costs of these rescues but also the dangers they put rescuers in. If there's a chance that they'd get billed for it, perhaps they'll think twice before heading out. Granted there are cases where people need to get rescued by no fault of their own but when people set out irresponsibly then they should get billed for the rescue..
 

Brian Miller

Be vewy vewy quiet, I'm hunting Cutthwoat Twout
Forum Supporter
I served for 14 years, and am torn but these men and women are the pros putting themselves in harms way. Here's what they think...

"The Mountain Rescue Association (MRA) with 100 teams from the United States, Canada, and the United Kingdom — most of which are comprised of expert volunteer members — work through or for a local government search and rescue authority. In an effort to give back to the community, defray public agencies’ costs and keep taxes down, the MRA teams have been performing the bulk of all search and rescue operations for the past 45 years and those were done without charge to the victim.

The MRA firmly believes that training and education are the keystones in the solution to this issue. We believe that the individual must accept responsibility for his or her actions and that training in proper outdoors skills and for self-rescue might be the quickest and most effective method of resolving most rescue situations.

However, no one should ever be made to feel they must delay in notifying the proper authorities of a search or rescue incident out of fear of possible charges. We ask all outdoors groups and organizations to join us in sending this mountain safety education message.

We recognize that the National Park Service and other governmental agencies have a need to address defraying their costs and we would welcome any opportunity to be involved in discussion of solutions or alternatives to the charge for rescue issue. The expert volunteer teams of MRA are proud to be able to Provide search and rescue at NO cost and have NO plans to charge in the future.

The Mountain Rescue Association is “a volunteer organization dedicated to saving lives through rescue and mountain safety education.”

MOUNTAIN RESCUE ASSOCIATION REAFFIRMS ITS POSITION
OPPOSING CHARGING SUBJECTS FOR THE COSTS OF THEIR RESCUES
Rescue Leaders say Charging for Rescues Can Lead to Delays in the Call
for Help, and Can Put Rescuers in Greater Danger
,

 
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Scottybs

Head Master Flyfisher In Charge
Forum Supporter
I think being charged for getting rescued is great idea. There are too many idiots out there doing irresponsible actions without any concerns for the outcome. In the Great Lakes area, I've seen many times where ice fishermen have gone out on the ice under bad conditions and then expecting the Coast Guard to come to their rescue as a free service. People need to realize not only the costs of these rescues but also the dangers they put rescuers in. If there's a chance that they'd get billed for it, perhaps they'll think twice before heading out. Granted there are cases where people need to get rescued by no fault of their own but when people set out irresponsibly then they should get billed for the rescue..
I’m mostly with you, but what is the threshold for passing on costs?
 

Dustin Chromers

Life of the Party
Forum Supporter
the outdoors, and particularly the trails are..to put it bluntly.. full of a new breed of idiots. Instagram and internet fads have caused a rush of folks who don't belong out there and are bad in every way..right up to risking rescuers. Many dying and hurt is not slowing them down. No shock.

Charge them heavily.

I take a different approach.. Simply don't provide rescue. Let people use their satellite communicator to raise their own rescue among people that care about them. Then the agencies charged and funded for this specific purpose can shut up about it and consequences levied appropriately. The funds can be set forth in the general fund for whatever nonsense is hot right now rather than rescue. Disband those agencies and let the military have the option of using the incident for training.
 

Dustin Chromers

Life of the Party
Forum Supporter
Criminal charges? Careful what you wish for… that could really become a slippery ugly slope.

Fast forward. Any government operation to retrieve a tax cow will be charged. No matter if it's a responsible person dealing with unforeseen circumstances. It's simply too easy not to.
 

cdnred

Life of the Party
I take a different approach.. Simply don't provide rescue. Let people use their satellite communicator to raise their own rescue among people that care about them. Then the agencies charged and funded for this specific purpose can shut up about it and consequences levied appropriately. The funds can be set forth in the general fund for whatever nonsense is hot right now rather than rescue. Disband those agencies and let the military have the option of using the incident for training.
Simply not providing rescue may be a bit extreme but letting the military have the option of using the incident for training has some merit. Having the military doing the rescue as a training exercise would "hopefully" save some tax dollars besides..
 

Brian Miller

Be vewy vewy quiet, I'm hunting Cutthwoat Twout
Forum Supporter
I take a different approach.. Simply don't provide rescue. Let people use their satellite communicator to raise their own rescue among people that care about them. Then the agencies charged and funded for this specific purpose can shut up about it and consequences levied appropriately. The funds can be set forth in the general fund for whatever nonsense is hot right now rather than rescue. Disband those agencies and let the military have the option of using the incident for training.
So you'd require everyone to have a device that could communicate from anywhere and the families-friends organize SAR Ops huh? 🙄 Right...

It's been many years since I was active in Mountain Rescue and there may be budget or other constraints today that were not encountered when I was active. Under certain circumstances (that I did not fully understand) the Incident Commander (an onsite county Sheriff's Deputy or NPS Ranger) was able to request federal support (including NPS in their AOR, active & reserve Air Force Pararescue, Army Medevac or Coast Guard aviation assets) that satisfied training requirements and were charged to training.

Airborne.jpg
DogsHead.jpg

Searching.jpg
 
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_WW_

Geriatric Skagit Swinger
Forum Supporter
I take a different approach.. Simply don't provide rescue. Let people use their satellite communicator to raise their own rescue among people that care about them. Then the agencies charged and funded for this specific purpose can shut up about it and consequences levied appropriately. The funds can be set forth in the general fund for whatever nonsense is hot right now rather than rescue. Disband those agencies and let the military have the option of using the incident for training.
I say let nature take its course.
 

Brian Miller

Be vewy vewy quiet, I'm hunting Cutthwoat Twout
Forum Supporter
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Salmo_g

Legend
Forum Supporter
OK, I get it, charging for rescue might dissuade people from calling for rescue that they won't survive without. On the other hand, I'm a believer in the maxim that "Stupidity should hurt." Therefore, don't charge for the rescue, but charge idiots a "stupidity fine," the amount of which is based on a sliding scale according to how stupid the rescued person's action was. "Ah," the bleeding heart cries out, "the stupidity fine may also dissuade a lost person from calling for rescue!" Then I say, "And your point is?" Not calling when help is a life or death matter becomes a self-imposed stupidity penalty. I think this system would fit the New Hampshire model of personal accountability.

To Brian's point that not every hiker may have a communication device that works in the backcountry, well that's another personal accountability matter. I take it to mean that the person lacking such a device has pre-decided that they are OK with whatever outcome transpires should they become lost or injured in the wilderness. The reality is that going into the wilderness is that we could eventually end up becoming bear scat. Isn't that part of the adventure?
 

Tom Butler

Grandpa, Small Stream Fanatic
Forum Supporter
You absolutely have to go get them. Fund it. Whether lost from stupidity or unlucky circumstance you got to do it. We fund a lot of stupid stuff, but this is not one. And massive props to rescuers. After searching for a neighbor girl lost in an avalanche, while in scouting, we were unsuccessful and I have never forgot it. Can't do it. Her family was devastated, our whole class and neighborhood was affected. Every life is valuable and worth it.
 

Dustin Chromers

Life of the Party
Forum Supporter
@Dustin Chromers , @_WW_ , , @Salmo_g including your (grand)children?

See my next post. My intent was to spur conversation. My personal belief is for all the mountain (pun intended) of tax dollars I and others contribute to provide services I will never use I should get at least one "get my shit out of the fire" rescue for free. I think everyone is due one. Especially if it's bad circumstance and precautions taken. I've never been rescued. I've worked as a rescuer. I've never bitched or complained like some of these agency heads. It's almost like they don't want to perform the function of their jobs which are tax funded. In fact I relished going into the shitty to retrieve someone, idiots included. I signed up for it. I do think we should make the most out of every crappy situation. I think these are prime training exercises. A habitual rescue recipient should be encouraged possibly financially not to put themselves in harm's way without the tools to deal. I get that. I get risk to rescuers. But for God sake it's your job. It's been my job. I know it can suck. These are prime tax cattle going astray. We should at least retrieve them once.
 

Brian Miller

Be vewy vewy quiet, I'm hunting Cutthwoat Twout
Forum Supporter
I've got an idea... require
  • Social media platforms (including PNFF) - that have members telling about their adventures and posting pics
  • Video game publishers that put out hunting-fishing-hiking-climbing games)
  • (etc)
include a training & preparedness PSA for every media post, & game round?

(heavy sarcasm intended)
 

Mossback

Fear My Powerful Emojis 😆
Forum Supporter
Question is...
Should YOU have to pay for a wilderness rescue, not THEY.
If a 70 some year old goes hiking, falls and breaks a hip, or ankle through no fault of his own just a bad roll of the dice, should he pay for a rescue ?
After all, at 70 plus years of age, isn't it a poor decision to be out hiking when you know your bones are more brittle, your abilities are not what they were, and the odds of an accident happening have increased markedly since you were younger ?
;)
Lol
 
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