I would have to say it goes to the bow hunter. If your actually hunting the deer and the bow hunter was able to call the buck into 40 yards of his position or less then he deserves the trophy. I can only speak for myself but I wouldn't be able to sleep at night if I had that on my conscience. Just my 2 cents worth.
"When in doubt [use] C4." -Jamie Hyneman (Mythbusters)