I don't have any info on that specific case, but personally think the article is anti-hunting spin. In over 20 years of hunting, I have personally known of maybe 1/2 dozen hunting accidents involving shooting and none were presumed to be the victim's fault. In reading the newspaper and other news sources re hunting accidents in other places for the past 20 years, I don't recall but maybe one or two instances where the victim was presumed or found to be at fault. However, there are certainly cases I could propose where the accident would be 100% or comparitavely at fault, such as a victim not wearing orange, dressing up like a deer (

, ect....
That Maine case sounds like the prosecutor charged the hunter with the wrong crime. I bet he didn't get off so easy in the civil suit that followed the criminal action(think OJ).
My opinion that some groups are going to use the possible Cheney spin on Whittington to start a 'hunters suck' campaign, nothing more.