Nothing like asking a loaded question for your first post here but here is my answer.

It belongs to the guy that shot it on Sunday.  If the first hunter wanted it that bad he should of done some tracking and looked better for some blood.  If you are going to chip some bone out then there will be blood, it may be a lot or it may be very little but there will be some.

My question to you would be if the first hunter found out that the buck was killed a week later would he still claim that it was his?   

Not even really any debate.  It's the guy that got it on Sunday.  Pretty much the universal law is whomever finishes it off gets legal right to the deer.  This can cause some confrontations if it is done in rapid succession, just minutes apart.  The first guy could have had a fatal shot, but the other guy could get off a quick shot and technically, it would still be his.

However, the neat day?  That deer was not fatally shot, so the first hunter lays no claim to it.  Even if I went by the "ethical barometer", I wouldn't expect anyone to give me that deer if I had shot it the day before.  If I shot a deer moments after someone else shot it, and their shot looked lethal, ethically, I would probably give it to them.

Whatever the case, no deer is worth arguing over, especially when the guys doing the arguing have weapons.  Don't risk you life over it.

The way I was taught and everyone that I hunt with thinks is this. The person that fired the first fatal shot claims it. Now if it's the next day or later that would not be true as he likely lost the deer. BUt then if it was a fatal shot he wouldn't be running around a day later. So for us if Somebody lung shot a deer that ran a hundred yards and I was then able to put one in it also it would still go to the guy that fired the first shot as it was just running dead. Not his fault or mine but he would have recovered it quickly.

I agree with the replies posted above.  This one isn't even debatable.  The First hunter has no legit claim to teh deer at all.  First hit wasn't fatal and if the second hunter had not shot, that deer might have lived for weeks or months or years.  Really bad choice on the part of the first hunter to not find and follow blood to a good trophy rack.  Better shooting might have made a different story all together.  We all miss but this is one of those times when you learn a lesson from your mistake....  Hopefully he will have better luck next hunt, shoot more carefully and follow up more diligently.

And I will make it unanimous - it is hunter #2's deer.  For hunter #1 to come back and try to claim that deer only shows his selfishness and lack of hunter ethics.  That would be my last hunt with hunter #1 as well.  Congrats to you if you are hunter #2 and that is the deer in your profile.

Yes that is the deer in the picture and hunter #1 hasnt talked to me since i said it was hunter #2's deer.  I own the land and had to make the call.  Its been a year and hunter #2 who is my uncle has not talked to me thats why I asked to see others opinions.  I asked everyone in our hunting party and they said it was Hunter #2 deer also, except of course for Hunter #1.

Seems to me that you made the right call and I really don't see how anyone could be mad at you for it.  All I can say is that if I were hunter #1, I'd be kicking myself but I would STILL agree with you.  I would have zero claim on that deer unless I had made a fatal hit.  Its a great buck.  if your uncle was feeling generous he could split the venison, but he isn't in any way required to even do that ethically or legally.  It is sad that this great buck couldn't have brought hunting partners closer together sharing teh joy of teh harvest instead of making a rift.  I'm sorry they couldn't work it out or that they feel resentful.  But you definitely made the right decision. There is no doubt about it.

I think you did the right thing.  The deer was definitely hunter #2.  I have seen deer running around with 3 legs.  Very good chance that deer was going to live.  Bravo to you for stepping up and making the right call.