Running News Daily

Runner Sues After He Was Shot By Hunter on Missouri Trail

Fred Cay says he can no longer run marathons or ultramarathons and is suing the turkey hunter and the state of Missouri after suffering injuries as a result of the 2021 incident.

On the morning of May 8, 2021, Fred Cay donned a yellow vest and headed out to a bucolic public trail in St. Louis overlooking the Missouri River to put in some miles at the Weldon Spring Conservation Area, a popular hiking, biking—and hunting—spot. However, his 8.2-mile run on the Lewis Trail was cut short when a hunter fired his shotgun at Cay, felling the then 47-year-old endurance athlete. First responders wheeled Cay to a clearing and he was flown to the hospital by helicopter. 

He’s now suing the hunter, Mark A. Polson, the state of Missouri, and a group involved with developing trail systems in the region, according to the St. Louis Post-Dispatch. An incident report shows that Polson thought he’d shot at a turkey. The hunter, 62 at the time of the incident, told investigators that he fired one shot at a flying turkey and then immediately heard a person scream. He said that when he found Cay, he’d been hit in the side by three shot pellets, including two that went into the chest cavity.

According to the lawsuit, Cay alleges that he suffered a collapsed lung, punctured lung, lacerated spleen, punctured pericardium, and two puncture wounds in the side. He went through multiple surgeries—exploratory, open-heart, and to repair damage to his lungs and other organs—and suffered a blood clot while recovering. 

Before the shooting, Cay competed in marathons and ultramarathons, and now, his attorney, Carey Press, argues in court records, his “endurance and running ability has been hindered by his injuries, and it is unknown if they will ever return to their previous capacity.” 

Polson had a permit to hunt in the conservation area that day, but Cay’s lawsuit claims there weren’t adequate warnings to notify runners, cyclists, and pedestrians of the managed turkey hunt taking place. 

“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 states.

Mark Zoole, in charge of the district’s defense, told a reporter that while the Metropolitan Park and Recreation District “naturally feels sympathy for Mr. Cay’s injury, it is not responsible in any way for the incident.” He continued, “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.”

Polson, the hunter, entered an Alford plea to second-degree assault early this year, an acknowledgment that there is enough evidence to convict, but not an admission of guilt. His sentence was suspended and he’s been placed on probation for five years, with conditions that he cannot obtain firearms or hunting licenses during this time, and must complete a hunter safety course.

Turkey hunting season begins again this April at the Weldon Spring Conservation Area, but Polson won’t be amongst his fellow sportsmen this year. Nor will Cay be joining fellow runners for local events like the St. Louis Track Club’s upcoming Weldon Spring Trail Marathon and Half.