He has 3 up on his left side, so he's not only legal in 4C, but the entire state. IMO, the "hole" is just where he probably got barked fighting. A bullet, or even an arrow there would have probably spine'd him.
Looks like a 5 point to me, and a deer like that most ppl would shoot and ground check, which is a shame. Heck of a 5 point tho.
It is at least a 5 point with no visible brows in the pic, and a legal deer anywhere in the state. No need to ground check him, that left side is clearly 3-up, he has great mass, long tines and good spread. Feel free to pass up this trophy buck, I'd be glad to kill it.