A quiet morning at a community pool in Irvine turned disturbing on Wednesday when police say a 71-year-old resident grabbed a brood of ducklings from the water, struck some of them with a plastic trash bin, and dumped them into a trash can, killing one and leaving another badly hurt. The mother duck and the remaining ducklings managed to get away, and the injured bird was rushed for emergency veterinary care.
The Irvine Police Department says the incident unfolded around 10:52 a.m. at a pool near Morena and Segura, where a mother duck and her ducklings were swimming, according to the Los Angeles Times. Witnesses told officers a man went into the pool area, gathered several ducklings into a box, then later hit some of them with a plastic trash bin before tossing them into a trash can, the outlet reports. Officers say they found one duckling dead inside and another with severe head trauma.
Police later identified the suspect as 71-year-old Randall Bertsch and found him at his home. After he allegedly refused to speak with officers, detectives obtained a search warrant and arrested him on suspicion of animal cruelty, according to CBS News Los Angeles. Detectives from the department’s Animal Services Unit assisted with the investigation, and officials say the case will be sent to the Orange County District Attorney’s Office once the work is complete.
“We want to assure the community that the protection and welfare of animals in our city remains a high priority,” the department said, adding that migratory birds are federally protected and usually cannot be moved or relocated, according to the Los Angeles Times. Residents who run into wildlife trouble are urged to call Animal Services at (949) 724-7000 instead of taking matters into their own hands.
Legal consequences
Under California law, maliciously maiming, torturing, or killing an animal can be prosecuted under Penal Code Section 597 as either a misdemeanor or a felony, with possible jail or prison time and fines that can reach $20,000, according to the statutory text summarized by Justia. Because the case involves migratory birds, federal protections under the Migratory Bird Treaty Act could also come into play. The U.S. Fish and Wildlife Service notes that the MBTA generally makes it illegal to take or kill protected migratory birds without authorization.
What’s next
Irvine detectives plan to finish compiling their findings and submit the case to the Orange County District Attorney’s Office, which will decide whether to file formal charges, according to CBS News Los Angeles. Police are asking anyone who saw the incident or has information to contact the Irvine Police Department.
