It's frustrating how we as hunters can put hundreds of dollars and hours into hunting and then a poacher ruins it all for what? It looks to me like it's a gun or bow shot, I also don't think he had that bad of aim. The neck of a deer is not that large, he probably missed his mark by a matter of inches, which is what makes neck shots poor unethical shots. There is a very small margin of error.
Recently a friend of mine who I've grown to respect as a very good bowhunter told me how he had a doe come in to his bait pile. He decided to shoot her behind her ear. He made the shot and it all worked out, but the distance a deers head and neck can move from the time the arrow is released and the time it hit it's mark can be surprising. I don't think it was a good or smart shot, but just luck, and I lost a lot of respect for him as a bowhunter at that point.