October 2013 - Parks & Recreation - 30

L AW R E V I E W

Forest Service regulations required
that " compelling reasons " might require an employee to " remain on
or return to duty " when a failure to
" continue the employee's duties...
would constitute negligence. " In addition, the Forest Service Manual
required an LEO to " investigate all
accidents that involve the Forest Service and result in death, injury, illness
and/or property damage. "

the Francom campsite was the best
place to attempt to trap the bear.
There was no one at the campsite
when DWR ended the search, and
DWR personnel did not think that
anyone would camp at that site that
evening because it was already 5:00
p.m. on a Sunday. If, however, anyone did camp there on June 17, 2007,
the State of Utah acknowledged that
the scent of humans and/or their

Not knowing of the bear attack just 12 hours earlier
at that same site, the Mulvey family set up camp at
the Francom campsite and cooked dinner.

At approximately 10:00 a.m. on
June 17, 2007, the DWR classified
the bear that attacked Francom as a
Level III nuisance bear. DWR had a
three-level classification system for
bears that constitute a threat to the
public. The highest classification,
Level III, is for bears that have shown
no fear of humans, have displayed
aggressive behavior toward humans
and are deemed a threat to public
safety. The DWR required that Level
III bears be destroyed because of the
risk to public safety.
DWR personnel responded to the
Francom incident by pursuing the
bear with dogs. They tracked the bear
for approximately four to five hours,
but the search was unsuccessful. The
DWR ended its search for the bear at
approximately 5:00 p.m. on June 17,
2007, but made plans to return to the
Francom campsite the next morning. DWR intended to set a trap for
the bear because it continued to be
a threat to public safety and because

Parks & Recreation

food could attract the bear back to
the Francom campsite.
As the DWR agents left the campsite and traveled down the canyon,
they passed the Mulvey family, including Sam Ives, who were traveling
in the opposite direction. The DWR
agents did not stop the Mulveys or
warn them of the earlier attack but
merely waved as they passed.
The Forest Service District Ranger
who was responsible for the relevant
area testified that " a warning about
the dangerous bear could easily have
been placed on the gate at the head
of Timpooneke Road 056, or that the
whole area could have been closed
off by simply closing the gate at the
head of Timpooneke Road 056. "
In the alternative, the Forest Service could have closed the specific
Francom campsite by taping off the
campsite with yellow tape.
On the evening of June 17, 2007,
the Mulvey family camped in the same
campsite where Francom had been

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attacked earlier that morning. The
Mulvey family passed through Timpooneke Campground on their way to
the campsite. They stopped and spoke
with the Timpooneke Campground
host on their way to the campsite.
The cost to camp in the Timpooneke Campground was $13, and
Mr. Mulvey, Sam's stepfather, did
not have $13 with him. When Mr.
Mulvey asked if they could camp up
the road without paying the $13 fee,
the camp host replied that it would
be fine. Had he known of the Francom attack, the camp host would
have informed the Mulvey family.
Moreover, the Mulvey family
would not have camped in or anywhere near the area of the Francom campsite if they had been informed about the Francom attack.
They would have returned home if
they had known of the Francom
attack. Not knowing of the bear
attack just 12 hours earlier at that
same site, the Mulvey family set up
camp at the Francom campsite and
cooked dinner.
Prior to Sam Ives' disappearance
from the tent, Mr. Mulvey heard
Sam yell, " Help me. " Mr. Mulvey
immediately ran out of the tent. In
the darkness, he did not see or hear
Sam. He soon saw that the tent had
been slashed open, and Sam was not
in the tent. After looking around
the immediate area, Mr. Mulvey
left to notify the campground host
that someone had taken his stepson.
Some time later, after law enforcement and the DWR were notified
and a search had begun, Sam's body
was found approximately 400 yards
away from the campsite.
Warning Obligation
In general, when " not unduly burdensome, " the federal district court

October 2013 - Parks & Recreation

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