The verdict and fines were levied against Robert C. Ehling by Municipal Court Judge James Devine, who called the 76-year-old man's actions on Oct. 10, 2014, the acts of "a vigilante, usurping the right of the state."
And even if a game warden or police officer had been there, Devine said there was "no indication" even those people "would have had the right to shoot these bears."
After the verdict and fines were levied, defense attorney George Daggett asked the judge to stay payment pending an appeal.
Outside the courtroom, Daggett said he would recommend that Ehling allow an appeal of the judge's decision.
"If we had been talking about humans here, there wouldn't have been a case," Daggett said. "They were trying to get into the house. If it has been a man with his two sons trying to get in, no matter what, no case."
Ehling was not present in court and is "vacationing in Florida," the attorney said.
In his oral decision from the bench, Devine said "the facts are not in dispute" -- Ehling admitted in court that he shot an adult sow and two cubs that morning.
Devine said there was a clear intent by Ehling to shoot the bears and said the defendant "became the aggressor" that morning on the deck at the back of the Ehling home near Lake Mohawk.
"It was very easy (for him) to leave the house or even just that room," the judge said. He noted the fact that Ehling was trying to dispose of the bodies when the first police officer arrived at the scene, was telling.
"There was no provocation," the judge said, adding later, "He wasn't being threatened by these bears."
Although he assessed Ehling the maximum fine of $300, plus $33 in court costs, on the firearms charge and on each of the three illegal killing counts, Devine backed off on the maximum restitution assessment.
Daggett had asked for the minimum fine and minimum restitution on all counts, while prosecutor Anthony Arbore had asked for the maximum, which would have been $2,000 for each of the three bears.
He said whether in favor or against a hunt, both sides "believe these animals are literally priceless. They believe it for different reasons, however."
"I've had many wildlife cases before me," Devine explained, noting in most of those cases, the defendant "got up that morning intending to kill those animals," whether it was out-of-season, over-the-limit or without a license.
But in Ehling's case, he explained, there was "a lot of emotion in that house. It didn't justify the act," but said on the other side of the argument is Ehling trying to dispose of the carcasses, being seen by the first officer as he came out of a ravine having dragged the body one of the cubs there.
He then placed the value of $1,000 on each of the bears.
Should an appeal be filed, it will initially be heard before a state Superior Court judge.
(New Jersey Herald - Jan 29, 2016)
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