We do not get many fact patterns like this one down here in San Diego:
"In the spring of 2014, local
residents reported the presence of three grizzly bear cubs to Tim Manley, a grizzly bear management specialist with
Montana Fish, Wildlife & Parks (FWP). These bears were
“food conditioned” and “habituated,” meaning they wanted
unnatural foods like chicken feed and were not afraid of
approaching humans to get them. Residents observed the
bears frolicking in backyards, eating grass and “just being
bears.” Others reported the bears for ransacking chicken
coops. None reported aggressive behavior toward humans.
On the morning of May 27, 2014, Wallen discovered a
number of dead chickens in his yard. The culprits had
rammed through the fence to his chicken coop and killed
two-thirds of his chickens. One perpetrator left behind a paw
print that Wallen concluded belonged to a bear.
Neither Wallen nor his wife, Alison, called Manley or
any other authority after discovering the dead chickens and
the paw print. Instead, they went to work and returned home
that afternoon.
Later that evening, Wallen and Alison watched their two
boys (ages 8 and 11), their 16-year-old daughter (A.B.) and
A.B.’s boyfriend play outside. The three bears then
returned, heading for the chicken coop. The chickens
scattered and the bears gave chase, running within 100 feet
of where Wallen’s daughter stood. A.B. screamed and ran
into the house through a glass back door as Wallen got in his
truck and chased the bears away. Meanwhile, Alison called
Manley’s cell phone and left a message telling him the
grizzlies had come for their chickens twice and that her
husband was trying to chase them away with the truck. She
asked for advice as to what she and her husband could do
about the bears.
The bears returned for a second time 10 to 15 minutes
later. Again, the chickens ran, the bears gave chase and
Wallen frightened them away with his truck.
After Wallen chased the bears, they entered the property
of the Wallens’ neighbor, Tom Clark. Clark videotaped
them milling about and crossing a nearby highway. At no
point did the bears behave aggressively toward him. He
stopped recording at 9:14 p.m. Shortly thereafter, he heard
shots fired, followed by a roar from the direction of Wallen’s
property. As later became clear, the sounds Clark heard
were Wallen shooting and killing the three grizzlies.
Wallen has never denied shooting the three bears with an
“old, rusty .22 caliber rifle” after they returned to his
property for a third time that night. He has also never denied
causing the bears’ deaths."
I must admit that when I first noticed that the opinion was about someone who had killed three grizzly bears, I wondered who would do such a thing. A sentiment that was only magnified when I read that the grizzly bears were grizzly bear cubs.
Mr. Wallen testified that he shot the bear cubs in self-defense, but the judge didn't believe him, and found him guilty. Because it's not okay to kill an endangered species without a darn good reason.
And the fact that they've killed some of your chickens doesn't count.