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Case ID: 14466
Classification: Beating
Animal: bird (wildlife)
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Attorneys/Judges
Defense(s): Steven F. Wukovits
Judge(s): Mark Apostolu




Sea gull killed with whiffle ball bat
Manasquan, NJ (US)

Incident Date: Thursday, Aug 21, 2008
County: Monmouth

Charges: Summary
Disposition: Civil penalty imposed

Person of Interest: Cory Kendelski

A Roxbury man pleaded guilty this on Aug 27 to a civil law violation in the killing of a sea gull in Manasquan the previous week.

Cory Kendelski, 18, was fined $1,000 and ordered to pay the $55 veterinary cost of euthanizing the wounded animal.

The plea was the result of a negotiated agreement that moved the charge from a criminal to a civil offense. Under the civil standard, Kendelski admitted to negligent conduct in swinging a Wiffle Ball bat at the bird.

It also means the incident will not show up as a conviction for the disorderly persons offense of needlessly killing an animal, attorneys said.

Kendelski told Municipal Court Judge Mark Apostolu that the bird had swooped toward him last week as he and a friend were having lunch on the beach.

Wearing a light gray suit and flanked by his attorney, Steven F. Wukovits, Kendelski said a 16-year-old friend had been throwing potato chips at the time of the incident.

"I guess it was kind of a mess," Kendelski said. "We had been playing Wiffle Ball earlier and the bat was by my side. I just swung it to get him away. I guess I broke its wing. I never meant to kill it."

Victor "Buddy" Amato, chief of police for the Monmouth County Society for the Prevention of Cruelty to Animals, told the court he agreed with lowering the complaint to a civil charge.

"The fine is the same," Amato said after the proceeding. "He's a kid. He doesn't deserve a criminal record."

References

« NJ State Animal Cruelty Map
« More cases in Monmouth County, NJ

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