Local Bird-Killing Hero Convicted

The man accused of killing a flock of seagulls? Well, yesterday he was convicted of killing said seagull flock, and some day soon he will file an appeal.

Judge Deborah Shelton Griffin said she believed the slaughter of 183 seagulls — six later had to be euthanized — was an accident, but in the law’s view she had no choice and had to sentence Daniel Gallagher to a $14,175 fine, $75 for each dead bird.

(You may be asking the same question I am now: Could I just go down to the pier and shoot some seagulls and all I’d have to do is pay $75? Probably not, you’d be charged with weapons violations and the fine could have been higher.)

The Pennsylvania Game Commission will get the fine from the longshoreman, who has since lost his job down at the Packer Marine Terminal (site of the bird massacre) and now works in Camden. But his lawyer has an ace up his sleeve.

“We don’t know that we agree that in this law there is no room for accidentally killing birds,” defense attorney S. Philip Steinberg said outside court after telling the judge he would appeal.

“Had a bird flown into the back of his vehicle, would he then be guilty?” he asked, adding he would argue at appeal that “there has to be some level of . . . intent to be guilty of this crime.”

No, the real question is: Had 189 birds flown into the back of his vehicle, would he then be guilty?

Man to appeal fine for killing gulls [Inquirer]
Sept. 11, 2007: He Ran (So Far Away) But He Couldn’t Get Away