busted or not, the question was is it legal, and I think it is. I saw a 350 class bull shot on the fish-lake a few years ago that had busted the main beam in a similar position. He was considered a spike.
Not saying you should shoot it, but it would be hard to pass for someone who has been applying for 10 plus years and can't draw a tag. Might be the only opportunity they have to take a brached bull in this state.
Pass him if you can, I understand if you can't.