Where I live you are allowed to hunt big game from 30 mins before sunrise to 30 mins after sunset. But being a trooper that man ought to be held to a higher standard for verifying his target. I have hunted a LOT in my life and I don't see how in the hell you could mistake ANY dog's tail for a deer. They don't move in the same way, don't look alike, and hell deer tails are a lot higher off the ground. The guy needs his ass beat, you ALWAYS make sure of your target before you pull the trigger. That's why around where I live you always hear stories about bowhunters getting popped with .22s by some young damn squirrel hunter that doesn't know for sure what they are shooting at.