Federally protected bird beaten to death
Bullhead City, AZ (US)

Incident Date: Saturday, Dec 4, 2010
County: Mohave

Charges: Misdemeanor
Disposition: Convicted

Defendant/Suspect: Edwin Jess

Case Updates: 1 update(s) available

A Bullhead City man was cited Friday after allegedly attacking and killing a federally protected bird on a local golf course.

Edwin Jess, 78, was cited Saturday morning by the Arizona Department of Game & Fish on two different charges for the death of a great blue heron (Ardae herodias) at the RiverView RV Resort & Golf Course.

A Bullhead City Animal Control officer responded to the call of a golfer killing a bird with a golf club. An initial investigation was conducted before the case was forwarded to Game & Fish, which, after a further investigation, issued the criminal citations.

According to Game and Fish Region III Wildlife Manager Lainie Antolik, Jess was cited for misdemeanor animal cruelty and given another misdemeanor citation for taking out of season. There is no season for great blue herons and they are protected by the federal Migratory Bird Treaty Act of 1918.

Witnesses said Jess, a resident of the RV park on Ramar Road, drove a golf cart alongside a pond where the bird was feeding on fish, said Bullhead City police spokeswoman Emily Montague. He then allegedly walked up to the bird and swung a golf club, hitting the bird in the neck. The heron then collapsed and Jess then struck the bird several more times.

Witnesses noted the attack was completely unprovoked, said Montague. Those nearby confronted Jess, who, said Montague, walked away.

During the initial interview with animal control, Jess was said to have been unremorseful, smiling and laughing during the conversation, and said he shouldn't have done it in front of "those bird lovers."

The U.S. Fish & Wildlife Service lists the heron as a species of concern. While this is not a formal designation, the term represents species that appear to be declining and in need of conversation.

The citations were issued Dec. 4. What punishment results from the charges will be up to the discretion of the presiding judge, in this case Judge Tom Brady.

Jess allegedly attempted to justify his actions in a number of ways, said Antolik, saying he thought it was a statue, that the bird was sick and finally that he was tired of the heron eating fish from the pond.

"Which, of course, is not excuse," she said, noting that in pictures, the animal appeared to be a healthy adult bird. "If it was sick we would have heard about it."

Game and Fish public information officer Zen Mocarski noted that the heron is a very large bird and an excellent angler and is a federally protected species.

For the moment, the dead heron is being kept in frozen storage as evidence. After deliberation, wildlife officials have decided to not pursue federal charges against Jess for the incident.

Case Updates

References

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