Endangered Species
Title |
Summary |
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| United States v. Charette |
In this case, Brian F. Charette filed an appeal after he was sentenced to six months of imprisonment and ordered to pay $5,000 in restitution for shooting and killing a grizzly bear in violation of the Endangered Species Act. Charette argued three issues on appeal: (1) that the trial court's denial of a jury trial violated his constitutional rights; (2) that the trial court erred in defining the elements of his charged offense; and (3) that the trial court erred in denying Charette's Rule 29 motion for a judgment of acquittal. The court found that the trial court did not err in denying a jury trial because Charette’s offense was considered a petty offense because it carried a maximum sentence of six months. For all crimes that are considered petty offenses, the Sixth Amendment right to a trial by jury is not triggered. Lastly, the court addressed Charette’s Rule 29 motion which calls for an acquittal if the essential elements of the offense are not proven beyond a reasonable doubt. In order for someone to be convicted of knowingly taking an endangered species the government must prove beyond a reasonable doubt, that: (1) the defendant knowingly killed the animal; (2) the animal was engendered; (3) the defendant had no permit to kill the animal; and (4) the defendant did not act in self-defense or defense of others. Charette argued that the government failed to prove that he did not have a permit to kill the grizzly bear. The court ultimately found that the government did prove this element on the basis that Charette told officers that he did not report shooting the bear because he did not want to deal with the “hassle.” The court found that it was reasonable to believe that had Charette had a permit to kill the grizzly bear, he would not have found reporting it to be a hassle and therefore the government sufficiently established this element. As a result, the court affirmed the lower court’s decision. |
| United States v. McKittrick |
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| United States v. Wallen | Defendant appeals his conviction for unlawfully killing three grizzly bears in violation of the federal Endangered Species Act (ESA). The killing of the bears occurred on May 27, 2014 at defendant's residence in Ferndale, Montana ("bear country" as the court described). In the morning, defendant discovered bears had killed over half of his chickens maintained in a coop. Later that evening, the bears returned, heading toward the coop. Defendant's children, who were playing outside at the time, headed inside and defendant proceeded to scare the bears away with his truck. Later that night, the bears returned and were shot by defendant. According to testimony by enforcement officers, defendant gave two different accounts of what happened that night. Ultimately, defendant was charged for killing the bears in violation of the ESA and convicted by a magistrate judge after raising an unsuccessful self-defense argument. On appeal, defendant argued: (1) he should have been tried by a jury; (2) the magistrate judge did not correctly identify the elements of his offense, and that error was not harmless; and (3) the case should be remanded for a trial by jury in the interest of justice. With regard to (1), that he was entitled to a jury trial because the offense was serious, rather than petty, the appellate court rejected the argument. The possibility of a five-year probation term and $15,000 restitution did not transform the crime, which had a maximum 6-month imprisonment, into a serious offense. On the second and third arguments, the court agreed that magistrate erroneously relied on a self-defense provision from a federal assault case that required the "good faith belief" to be objectively reasonable. The court held that the "good faith" requirement for § 1540(b)(3) should be based on a defendant's subjective state of mind. Then, the ultimate question becomes whether that subjective good faith belief was reasonably held in good faith. Said the Court, "[u]nder the Endangered Species Act, the reasonableness of a belief that an endangered animal posed a threat is likewise strong evidence of whether the defendant actually held that belief in good faith." As a result, the appellate court found the error by the magistrate in rejecting defendant's self-defense claim was not harmless. As to whether defendant is entitled to a jury trial on remand, the court found that the outcome of the prior proceedings conducted by a magistrate do not constitute a showing of bias or partiality. Thus, he is not entitled to trial by jury. The conviction was vacated and proceedings remanded. |
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