(May 2017) Indiana: James McDaniel charged with animal cruelty after police say he excessively beat Canadian Goose with wiffle ball bat

INDIANA -- James McDaniel says he did what any parent would do if an aggressive animal was attacking their child. He admits to hitting a Canada goose with a plastic Wiffle ball bat after he says the bird started chasing his 4-year-old son, Ethan.

“A goose actually came from the other side of the field… and proceeded to go full wing span and chase after my son,” said McDaniel.

He says he grabbed the only thing around: his son’s plastic bat.

“So I swing one time, he [the goose] kind of topples over, I grab my son, [go gather our things] and I ran across the street,” said McDaniel.

And that swing, it seems, got feathers flying after a witness called the police.

“It was clearly attacking my son,” said McDaniel, “if anyone else had seen the whole incident, they would have known I was trying to protect my son.”

However, county law enforcement says McDaniel went too far.

EXCERPT FROM THE POLICE REPORT:

"...with James holding an orange bat was after the bird was NOT MOVING AT ALL. Rebecca stated she yelled at him to stop and this is when he finally stopped. I spoke to witness number two, Tiana McCoy. Tiana works with Rebecca and was walking out of the same building Rebecca was when Tiana stated she witnessed James hit the bird three times with an orange bat...

"James kept trying to show me a statute on Google where he has the legal right to hit the birds... he kept saying, 'It's gone from a 5 to a 1.'"

Marion County Animal Services showed up and issued McDaniel a ticket for animal cruelty. The agency was unable to comment on the case because of pending litigation, but according to the incident report, witnesses say they saw McDaniel hit the bird three times [even after the goose stopped coming towards him and was simply standing there]. 

 The report also states the officer did take the goose to a local veterinarian.

McDaniel maintains that he was only protecting his child.

“FOX59 has shown before that these birds are becoming more and more aggressive,” said McDaniel, citing a report regarding aggressive geese and the Department of Natural Resources response to them.

“This is very frustrating because why should I not be allowed to protect my child against wildlife anywhere?”

DNR officials said a person is allowed to protect themselves or others from wildlife, but can only use a reasonable amount of force based on the amount of harm a particular animal could inflict. McDaniel will go before a judge on Monday.

I can see smacking it once with a plastic bat, but repeatedly. And I imagine these were full swings by a grown man. That's excessive, especially since the witness says he continued to beat it even when it was stunned and just standing there looking at him.

VIDEO NEWS CLIP:

(5NewsOnline - May 12, 2017)

Oregon: Police say Joseph Seevers cruelly shot two baby geese, killing one

OREGON -- A maintenance worker at Sunriver's Meadow Golf Course has been cited for animal abuse and other charges, accused of firing a pellet rifle at a family of geese, wounding one gosling and killing another, police said Tuesday.

Officers responded shortly before 7 p.m. Sunday to the reported game violation on River Road. They determined a man working at the Meadows Golf Course had shot two juvenile goslings, said Police Chief Marc Mills.

 

Tom Pinckard, a neighbor to the course, witnessed the incident unfolding.

"I was sitting in this rocking chair with my binoculars looking at the geese, on the water. I saw a man pull out a rifle with a telescopic sight on it and begin shooting the birds. I was horrified," Pinckard said.

Pinckard said he rushed across the field and confronted the man who was shooting.

Officers brought one injured gosling to the High Desert Wildlife Rescue and Rehabilitation facility in Bend, where it's recovering from injuries, Mills said. The other was found dead at the location and was turned over to police as evidence.

After an investigation, police cited Joseph Neal Seevers, 39, of Bend, in lieu of custody on two counts each of animal abuse and the unlawful taking of a game animal, Mills said. His single-shot air rifle was confiscated for evidence, the chief added.

Why didn't they "arrest" him? I think in an effort to reduce jail overcrowding, some states have enacted laws that say for "minor crimes" (aka Misdemeanor crimes), the officer is to write a citation. By signing the citation, the suspect is promising to show up on their assigned court date. Basically the officer is "arresting" the suspect right there and "releasing" them on their own recognizance -- should the suspect now show up in court, a warrant can be issued for their custodial arrest. If the person refuses to sign the citation, they can be taken into custody (aka custodial arrest). 

It says a lot about our animal cruelty laws in our country that the courts consider animal cruelty to be a "minor" offense. If you steal a lawn ornament off someone's yard, it's considered the same "minor" offense as shooting innocent animals or starving your pet nearly to death.

The surviving gosling is being kept at center is kept in an oxygen chamber. Veterinary technician Jeannette Bonomo said they're trying to keep him quiet and limit his activity. The bird has a broken femur.

Bonomo said getting geese or wildlife off properties is understandable, but there's always a right way to do it instead shooting.

"Given that there are humane ways to get the geese away, there's not excuse for it. It's flat out cruel," Bonomo said.

"It was later determined that Sunriver Resort management had no knowledge of Seevers' actions," Mills said, adding that Sunriver police worked in cooperation with Oregon State Police game troopers on the incident.

At last sighting, the two adult geese were attending to the remaining goslings, Mills said.

"It is hoped that the injured gosling will be returned to its family after recovering from its injuries," he added.

Sunriver Resort Area Managing Director Tom O'Shea issued the following statement:

"On Sunday, April 17th, our management team was informed that an employee fired an air rifle at geese on the Meadows golf course, which is currently closed to the public. This staff member acted on their own accord, without prior authorization or approval from our supervisory team.

"Sunriver Resort does not condone this type of activity on property. Sunriver Resort and the employee are fully cooperating with local authorities. The resort is taking this matter extremely seriously and is investigating the situation internally to determine the next course of action," O'Shea added.

 

 

Photos provided by Pinckard, who says the geese have
come to his property for years to have their babies

Pinckard said the family of geese had nested on his porch for weeks. His wife, Suzie, said, there were a total of six baby goslings.

"It was very emotional, because these little geese have been on our deck. My wife had held them in her hands," Pinckard said.

Pinckard said his hope was that the golf course would come up with a management plan for co-existing with the wildlife and finding humane ways of removing certain animals from their property rather than resorting to injuring and killing them.

(KTVZ - Sept 20, 2016)

Two juveniles arrested in geese-beating case

NORTH CAROLINA -- The Charlotte-Mecklenburg Police Department confirmed Thursday morning, two juvenile males were arrested Wednesday. They are facing charges in a geese-beating case.

The Carolina Waterfowl Rescue told WBTV Tuesday it had three injured geese in its care. They said the geese were attacked sometime Monday night.

Jennifer Gordon with the Waterfowl Rescue told WBTV there is a video that shows five middle-school students with sticks and bricks, hurting the geese. At least one of the geese was beaten with a board or bricks.

The geese were trying to protect their babies (goslings).

According to the Waterfowl Rescue's Facebook page, "Wilma" the goose was the most badly injured. She had a ruptured air sac, head trauma, and a large hematoma on her head. She also had several leg fractures and a crushed food. Her toes was dislocated. Wilma also lost her nest and her mate.

The Carolina Waterfowl Rescue said the vets at the Raptor Center offered to do surgery on Wilma's leg if it could help her walk again. A few hours later, the Rescue said Wilma's repair went well, but she never woke up from the anesthesia.

Gordon says officials at the Kennedy Charter School were able to ID three of the students, but the students go to a different school.

According to the Carolina Waterfowl Rescue Facebook page, vandals also destroyed a school bus and other property at the Kennedy Charter School.

The Carolina Waterfowl Rescue says a similar incident happened in the spring.

CMPD said Thursday the two juveniles were charged with animal cruelty, and additional charges may be pending.

(WBTV - April 18, 2013)
(Carolina Waterfowl Rescue - Facebook)

New Jersey: New Milford Man John Hall Charged With Animal Cruelty For Shooting Goose With Arrow

NEW JERSEY -- A New Milford man, already charged with several weapons possession offenses, faces new charges of animal cruelty.

John Hall, 49, was released from the Bergen County Jail on $10,000 bail after being charged by the Bergen County Prosecutor's Office in connection with an injured Canada goose found near Hardcastle Pond.

New Milford police arrested Hall on the morning of March 4 after receiving reports of a man seen hunting geese with a crossbow near the Dorchester apartments.

When officers located the man, identified as Hall, he was found to have two mini-crossbows – one of which was loaded – and 60 six-inch arrows in his possession, according to New Milford Police Chief Frank Papapietro.

Police also said he had an odor of alcohol on his breath.

Officers also found one 10-inch knife, one four-inch switchblade and a four-inch knife on Hall, police said.

A duffle bag in Hall's possession contained a sleeve of crackers and several plastic shopping bags, Papapietro said, and, when initially asked what he was doing, Hall told police he was target practicing.

He later said he used the weapons for protection, Papapietro said.

Hall was placed under arrest at the time and charged with three counts of weapons possession, possession of a prohibited weapon and disorderly conduct.

Though officers conducted a search of the area to see if there were any injured or deceased animals, none was found at the time.

The Bergen County Prosecutor's Office Animal Cruelty Unit was notified of the incident at the time of Hall's arrest.

Hall posted $20,000 bail, with 10 percent allowed, for the three counts of weapons possession, possession of a prohibited weapon and disorderly conduct, and was released that day.

Two days later, however, on March 6, New Milford police received reports that an injured Canada goose was seen near the Hovnanian School on River Road.

The goose was found with an arrow through the webbed part of its foot.

After hours of chase, police were able to catch the goose near Hardcastle Pond – the area where Hall was found in possession of the weapons March 4.

The goose was treated for injuries at the Teterboro Animal Shelter.

An investigation was launched by the Bergen County Prosecutor's Office Animal Cruelty Task Force, which resulted in additional charges being issued against Hall on March 13.

"The investigation conducted by the Animal Cruelty Task Force revealed that on March 4, John Hall did in fact use a cross bow and arrow to shoot and cause injury to the webbed part of the left foot of a Canadian goose," said Bergen County Prosecutor John L. Molinelli.

The injured goose is still receiving treatment at the shelter, according to Molinelli.

Hall was charged March 13 on an arrest warrant for animal cruelty, a fourth-degree charge.

The crime carries a maximum sentence of 18 months in state prison, Molinelli said.

Police arrested Hall March 14 and he was released from the Bergen County Jail on $10,000 bail, with 10 percent applying. Bail was set by Bergen County Central Municipal Court Judge Louis Dinice.

(NorthJersey.com - March 22, 2012)

Name: John Hall

Mugshots.com ID: 30281027

Sex: M

Race: WHITE

Height: 6′ 0″ (1.83 m)

Weight: 190 lb (86 kg)

Hair Color: BROWN

Hair Length: N/A

Eye Color: GREEN

Complexion: FAIR SKINNED

DOB: 5/14/1962

Marital Status: DIVORCED

State ID: 797709E

FBI: 257490JC4

INS: N/A

Citizen: United States of America

COB: United States of America

Booking Number: D-95920

Permanent ID: D-95920

Current Location: MAIN

County: CENTRAL MUNICIPAL OF BERGEN COUNTY

Current Housing Section: N/A

Current Housing Block: N/A

Current Housing Cell: N/A

Current Housing Bed: N/A

Commitment Date: 3/14/2012

Release Date: 3/14/2012

Alias Information: N/A

Detainer Information: N/A

Bond Information: N/A

Charge Information:

• ANIMAL CRUELTY - TORTURE, MUTILATE OR KILL A LIVING ANIMAL (FELONY)