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December 2, 2009

Police: Safety not an issue at Lost Creek club

Acting chief testifies in nuisance complaint filed against conservation club

By Lisa Trigg

TERRE HAUTE — An emphasis on safety — or a perceived lack of safety — recurred Wednesday in trial testimony about firearms activities at a Vigo County conservation club.

But it will be sometime early next year before either Seelyville residents living near the Lost Creek Township Conservation Club or the club members learn the judge’s decision in a nuisance complaint filed by 14 nearby residents.

Vigo Superior Court Judge Michael Lewis gave attorneys until Jan. 15 to file their final documents in the case and took the matter under advisement.

The residents filed suit in 2007 asking the conservation club to follow a 1972 court decree that guaranteed when the club could have its shooting activities, including Wednesday night trap shoot competitions. Residents testified they now hear not only shotgun, rifle and pistol fire, but also automatic weapons.

And they said gunfire at the club has increased dramatically in recent years to include most days of the week and sometimes after dark.

On Wednesday, Judge Lewis heard from two expert witnesses, a police official, and the club’s treasurer about the physical setup of the gun ranges at the club and the use of the facility.

Marc Eldred, acting chief for the Terre Haute Police Department, testified that his department has conducted vital firearms training at the conservation club for many years.

Eldred said officers train with .40-caliber pistols as well as .223-caliber semi-automatic and fully automatic rifles and .308-caliber bolt-action rifles. Members of the department’s special response team also utilize AR15 automatic rifles and 9-millimeter submachine guns.

Once per year, he said, the department has night shoot qualifications for its officers. At those times, the officers will shoot in the dark with only flashlights, car headlights or their blue-and-red vehicle light bars illuminated to simulate real-life situations.

“They have to be prepared,” Eldred told James O. McDonald, attorney for the conservation club.

Firearms qualifications may be conducted over a two-week period based on scheduling and work shifts, the chief said.

While Eldred said the Terre Haute Police have used some other firing range facilities in the past, the Lost Creek club is conveniently located and will accommodate officer training.

The department does not pay to use the facility, he said, but does purchase three memberships to have access for training.

Eldred also told McDonald he does not have safety concerns about the facility, and would not use the firing range if he though there was a danger to nearby residents.

But plaintiff attorney Les Shively pointed out that the Lost Creek facility only has one berm to stop bullets, whereas the Vanderburgh County firing range for police agencies has berms on three sides to stop stray bullets.

Expert witness David Wanniger, an engineer from Acura Engineering in Evansville, testified in a videotaped deposition that stray bullets have escaped from the Lost Creek Township Conservation Club’s firing range. He based his conclusion on the height of the earth berms around the range, bullet nicks he found on nearby trees, and evidence of ricocheted bullets.

“You don’t have to raise your weapon very high to clear the backstop, in particular from the rifle range,” Wanninger said.

In Tuesday’s testimony, adjoining property owners said they had found bullets on their property that they believe came from the firing range.

Wanninger also testified that sound abatement measures could be taken to reduce the noise heard by neighbors.

Meanwhile, expert witness Gary Hose, a former firearms instructor for the Indiana State Police and a firearms expert, said he examined the Lost Creek facility and did not find it likely that a stray bullet could escape the firing range. He also said he concentrated on the safety of the range and found it acceptable.

Club treasurer Matt Alig was the final witness, who testified that safety rules are enforced at the clubs, and anyone caught violating the rules can be expelled. The club also allows Boy Scouts and 4-H members to use the facility as long as they have proper supervision, he said, and there are many police officers who are members and regularly use the facility at times other than department training.

“We are fully aware this is not the rural area it once was,” Alig said of the club, which was founded in 1934 on its present location. “We do try to be considerate. We cannot prevent a member from coming in in the middle of the night, but we do not condone it.”

Attorney Shively asked Alig if the club has taken any steps toward improving safety at the facility since the lawsuit was filed two years ago.

“No,” Alig said. “We just encourage people to abide by the rules.”

The club treasurer also expressed concern that people see the conservation club as a recreational facility with a variety of uses. The property has two well-stocked lakes for fishing and some groups do nature activities there.

“Hopefully, we can be thought of as more than just a gun range,” Alig said.

Judge Lewis took the matter under advisement, noting that he has a large amount of case information to review in the coming weeks.



Lisa Trigg can be reached at (812) 231-4254 or lisa.trigg@tribstar.com.

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