Case Details

Two bald eagles shot, dismembered
Muskegon, MI (US)

Incident Date: Sunday, Apr 18, 2004
County: Muskegon
Local Map: available
Disposition: Convicted

Abusers/Suspects:
» Ryan Michael Armstrong
» Kyle Howell

Case Updates: 5 update(s) available

Case ID: 5175
Classification: Shooting, Mutilation/Torture
Animal: bird (wildlife)
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Four people are charged for their alleged involvement in killing two bald eagles. The birds are endangered animals, protected by state and federal laws.

Prosecutors say two teenagers shot the eagles in the Muskegon State Game Area with a .22 caliber rifle in April 2004 and then chopped them up with a hatchet.

Eighteen-year-old Ryan Armstrong of Laketon Township is in the Mason County Jail and 17-year-old Kyle Howell of Muskegon Township is in the Muskegon County Jail. They are both charged with one count of animal cruelty, which is a four-year felony. They are also facing one count each of killing a bald eagle, which is a 90-day misdemeanor.

Forty-seven-year-old Gregory Lewis is also accused of having a role in the crime. He has been charged with a misdemeanor for filing a false police report. Police say he reported finding the eagles' parts, but then tried to mislead investigators to protect the teens.

And 17-year-old Nicholas Pickard is also charged in the crime. He has been arraigned with possessing a loaded gun in a boat, which is a misdemeanor.

State DNR and Muskegon County officials stress they are taking this case very seriously.

Case Updates

Chief Judge John C. Ruck of Muskegon County Circuit Court on Monday ordered Ryan Michael Armstrong, 18, to serve 300 days in the Muskegon County Jail, with eligibility for school release.

Armstrong, who lives in the county's Laketon Township, is a senior at Muskegon High School and is scheduled to graduate next January. He received credit for four days already spent in jail.

Ruck also placed Armstrong on probation for one year and ordered him to pay $2,000 in fines and court costs.

The teen pleaded no contest on Jan. 30 to a felony count of willfully and maliciously killing a bald eagle under the Animal Cruelty Act and a misdemeanor count of killing a threatened-species animal.

Bald eagles are a threatened species protected by state and federal laws.
Source: Record-Eagle - March 15, 2006
Update posted on Mar 15, 2006 - 11:46PM 
The second teenage defendant has pleaded "no contest" to intentionally killing a bald eagle in April 2004 on the Muskegon River.

Ryan Michael Armstrong, 18, of 941 E. Wedgewood in Laketon Township pleaded as charged to two counts: willfully and maliciously killing a bald eagle under the Animal Cruelty Act, a felony; and killing a threatened species animal, a misdemeanor. Bald eagles are a threatened species protected by state and federal laws, and the bird's status as the national symbol and an animal honored by many American Indian nations has given the case an added emotional resonance for many.

A "no contest" plea is not an admission of guilt but is treated as a guilty plea at sentencing. In Armstrong's case, his pleas mean he will have adult convictions on his record, although he was a 16-year-old juvenile at the time of the crime. That's because Family Court Judge John C. Ruck earlier decided to "designate" Armstrong to have his case adjudicated as an adult in Family Court.

Ruck still has the option of sentencing Armstrong either as an adult or a juvenile. The judge will make that decision after a sentencing hearing at a later date. The Muskegon County Prosecutor's Office will recommend adult sentencing. If sentenced as an adult, Armstrong faces a maximum possible sentence of a year in jail on the felony count. Ruck committed Monday to recommend Armstrong for daytime "school release" in case of a jail sentence. On the misdemeanor count, the top adult sentence is 90 days in jail. Normally, the felony conviction carries a maximum sentence of four years in prison, but in the case of "designated" juveniles the cap is lower.

On Dec. 14, 2005, Ruck sentenced Armstrong's co-defendant, 18-year-old Kyle Howell, to nearly 10 months in jail. Howell earlier pleaded no contest as charged to the same counts as Armstrong. The two were charged with shooting two bald eagles while cruising the lower Muskegon River in a small motorboat -- first Howell shooting one bird, then Armstrong the other.

The boys, both 16 at the time, shot the eagles in the Muskegon State Game Area with a .22-caliber rifle the evening of April 18, 2004, then chopped them up with a hatchet. Each teen admitted to police that he shot an eagle.
Source: MLive News - January 31, 2006
Update posted on Feb 12, 2006 - 12:21PM 
A teenager from Muskegon who shot a bald eagle and chopped it up was sentenced on December 14, 2005.
17-year old Kyle Howell received 300 days in the county jail for killing a bald eagle in April of 2004.
Howell says he thought it was just a crow. It happened along the Muskegon River in the state game area. The judge told Howell he found it hard to believe he didn't realize the importance of bald eagles to the nation and the seriousness of the offense. "Any juvenile who does this type of activity can be placed on notice that we will take it seriously and will charge accordingly and as in this case we charged him as an adult," said Muskegon Assistant Prosecutor Brett Gardner.

Another teenager, Ryan Armstrong was with Howell that day. He's also facing charges of killing a bald eagle, the 18-year-old is also facing up to four years in prison.
Source: WXMI News - December 16, 2005
Update posted on Dec 17, 2005 - 3:58PM 
A second teenage defendant will be adjudicated as an adult, rather than as a juvenile, in the April 2004 shooting and hatchet mutilation of two bald eagles.

Ryan Michael Armstrong, 18, of 941 E. Wedgwood in Laketon Township, waived his right to a hearing on that issue Monday in Muskegon County Family Court. He faces charges of animal cruelty/killing an animal -- a felony punishable by up to four years in prison if the defendant is convicted as an adult -- and one count of killing an endangered species animal, a 90-day misdemeanor.

Armstrong has already served a jail term of more than six months in Ludington's Mason County Jail on an unrelated breaking-and-entering conviction in adult court. That jail term delayed Armstrong's arraignment on the eagle-killing charges until last month, after he had served his Mason County sentence.

He now faces a preliminary examination next week before Family Court Judge Neil G. Mullally, who will determine whether Armstrong should stand trial on the eagle-killing charges.

The Muskegon County Prosecutor's Office is seeking the maximum possible sentence for both defendants -- up to four years in state prison.

Armstrong and co-defendant Kyle Howell, 17, of 1276 Poulson were arrested in July on identical charges.

Circuit Judge William C. Marietti in September designated Howell to face adult prosecution, a victory for the prosecutor's office. Howell later was ordered to stand trial, and his trial is scheduled for next week in Ruck's court.

Howell and Armstrong are charged with shooting two bald eagles and chopping up the large birds with a hatchet while cruising the lower Muskegon River last year. Eagles are an endangered species protected by state and federal laws.

The boys allegedly shot the eagles in the Muskegon State Game Area with a .22-caliber rifle the evening of April 18, 2004, according to police reports. Police said each teen admitted to shooting an eagle.

Both were 16 years old at the time, which left open the possibility of either adult or juvenile prosecution. A juvenile conviction would mean no jail or prison time, and no adult felony conviction on the defendant's record.
Source: Muskegon Chronicle - Nov 8, 2005
Update posted on Nov 9, 2005 - 12:27PM 
Kyle Howell, 17, of Muskegon Township, and Ryan Armstrong, 18, of Laketon Township, are each charged with one count of animal cruelty, a four-year felony, and one count of killing an endangered species, a 90-day misdemeanor.

Howell was arraigned in Family Court on July 27. A designated hearing is scheduled for Aug. 8 at 11 a.m. Paul Wishka, Family Court Services� assistant family court administrator, said prosecutors will present evidence at the hearing to begin adult proceedings against Howell in the court�s family division.

Armstrong is currently being held in the Mason County Jail on an unrelated charge. Wishka said Armstrong will appear in Muskegon County�s Family Court as soon as he�s released from Mason County. The date of his release is unknown.

A third teen, Nicholas Pickard, also 17, and from Muskegon Township, is charged with one count of possession of a loaded firearm in a boat, a misdemeanor. Pickard is also being charged in Family Court, but did not require a designated hearing. He�s scheduled for preliminary exam on Aug. 15 at 8:30 a.m.
Source: White Lake Beacon - Aug 1, 2005
Update posted on Aug 1, 2005 - 11:03AM 

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References

WOOD TV - July 26, 2005

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