ST. CHARLES COUNTY — An endurance runner who was shot by a turkey hunter in the Weldon Spring Conservation Area is suing the sportsman, the state and a group involved with developing trail systems in the region.
“The users of these trails have a reasonable expectation that they will not be shot at and suffer life-altering injuries,†the lawsuit claims.
Fred Cay, of O’Fallon, Missouri, was hit by pellets from a shotgun blast May 8, 2021, during spring turkey season, while running on the Lewis Trail, according to an incident report. Mark A. Polson, a seasoned hunter from Arnold, soon approached Cay, claiming he’d shot at a turkey.
Polson tried to help Cay, 47 at the time. He had to leave him on the trail in order to seek emergency services. Responders later wheeled Cay to a clearing and flew him by helicopter to Mercy Hospital for “various life-saving treatments,†according to the lawsuit.
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The lawsuit claims Cay suffered a collapsed lung, punctured lung, lacerated spleen, punctured pericardium, and two puncture wounds in the side. He underwent exploratory surgery, open-heart surgery, and surgery to repair damage to his lungs and other organs. He also developed a blood clot while recovering from injuries and needed wound-care treatments.
Prior to the incident, Cay participated in “multiple†endurance events, including marathons and ultra-marathons.
“Fred Cay’s endurance and running ability has been hindered by his injuries, and it is unknown if they will ever return to their previous capacity,†his attorney, Cary Press, argues in court records.
Cay’s wife, Tina, is also named as a plaintiff in the lawsuit. Named defendants are Polson, the Missouri Department of Conservation, and Metropolitan Park and Recreation District, commonly known as Great Rivers Greenway.
Polson’s attorney, Joshua Davis, said he wouldn’t comment on pending litigation. Attorneys for the state declined to comment. Mark Zoole, handling defense for the district, said his client isn’t liable.
“While the Metropolitan Park & Recreation District naturally feels sympathy for Mr. Cay’s injury, it is not responsible in any way for the incident,†Zoole said by email. “The District did not own or control the property where it occurred, and did not have any control over the actions of the individuals involved.â€
On the day of the run, Cay arrived at the Duckett Creek parking area around 10:45 a.m., according to the lawsuit. He claimed there weren’t adequate warnings to notify runners, bikers, hikers and walkers of a managed turkey hunt in the Weldon Spring Conservation Area. He claimed that he set out in a yellow vest, first on the Busch Greenway trail, heading toward the Missouri River. That led him to another trail that connected to the Lewis and Clark trails.
Cay was shot around 12:15 p.m., according the incident report. Polson, 62 at the time, told investigators that he fired one shot at a flying turkey, in the direction of Lewis Trail, and immediately heard a person scream. Polson told investigators that he found Cay, hit in the side by three shot pellets, including two that went into the chest cavity, before Polson went for help.
Polson, who had 30 years of hunting experience, had a permit to hunt in the conservation area that day, as did others.
“By specifically regulating, inviting, and permitting these hunters to be in such extremely close proximity to public recreational users, MDOC breached its duty to keep public users, such as Fred Cay, free from foreseeable harm,†the lawsuit alleges.
The state conservation department and the Metropolitan Park and Recreation District have both requested to dismiss the case against them, arguing in court records that they have sovereign immunity against the claims. The next hearing on the matter is scheduled for April 28, before St. Charles County Associate Circuit Court Judge W. Christopher McDonough.
Before then, spring firearm turkey hunting at the Weldon Spring Conservation Area begins April 17. The total number of permits allowed remains at 40.
But Polson won’t be allowed to participate.
He entered an Alford plea Jan. 23 to second-degree assault for the hunting incident. An Alford plea acknowledges there is enough evidence to convict but is not an admission of guilt.
St. Charles County Circuit Court Judge Daniel G. Pelikan suspended Polson’s sentence and placed him on probation for five years. Special conditions of his sentencing include no firearms or hunting license while on probation, and Polson must take and complete a hunter safety course.