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Man found guilty in killing of rattlesnake
Whitmore Lake man claims self-defense
Thursday, May 1, 2003
BY LIZ COBBS
News Staff Reporter
A 47-year-old Whitmore Lake man was found guilty Wednesday of a charge seldom brought in Michigan - killing an Eastern Massasauga rattlesnake, the state's only venomous snake.
With the evidence - a frozen, decapitated rattlesnake bagged in plastic - stored in a small ice cooler, James Galloway was convicted by a six-member jury after a day-long trial of killing a protected reptile or amphibian without a state permit.
Galloway will be sentenced June 26. The misdemeanor charge carries a maximum penalty of 90 days in jail and a $500 fine.
"I'm stunned that the snake had more rights than a human being," Galloway said after the trial.
The rattlesnake is considered a threatened species by the Michigan Department of Natural Resources.
Galloway was charged with killing the 2-foot-long snake during an afternoon outing Aug. 9 with his two sons and their friend at Pickerel Lake in the Pinckney Recreation Area, 15 miles northwest of Ann Arbor.
He contends he was protecting nearby children and himself. He also said he didn't know it was a crime to kill the snake.
Galloway's attorney, Donnelly W. Hadden, asked 14A District Court Judge Richard Conlin to dismiss the case, arguing that the state law allows the DNR director to select which species need a permit to be killed, a selection that should be made by the state Legislature.
"I think this whole thing is silly," Hadden said after the trial.
Washtenaw County Assistant Prosecutor Jeaneth Kirkpatrick brought in an expert witness who described the characteristics and behaviors of the snake. Also testifying were two witnesses who saw Galloway with the rattlesnake, as well as a park ranger and conservation officer, who spoke with Galloway about what he did.
Galloway testified that while his two sons and their friend fished on the dock, he was headed up a narrow, sandy path to his pickup truck when he heard a hissing noise that he first thought was air. He then saw a rattlesnake about six to eight feet away. Galloway said he saw a young girl, who looked to be about 3 years old, coming down the path toward him and ahead of two adults, whom he assumed were her parents.
Galloway told them to stop the girl because there was a rattlesnake in the path.
Grabbing a nearby stick, Galloway said, he held the snake's head down, even though the snake struck out at the stick a couple of times, while the girl and her parents passed.
Galloway said he then picked up the snake, holding its head with his left hand and the body with his right hand, and took it to the dock area to show his sons and warn adults: "This is why you need to keep an eye on your children."
Jill Pernicano, who had just finished swimming, testified she questioned Galloway about the snake because she suspected it was an Eastern Massasauga, then she used her cell phone to call the DNR.
Meanwhile, Galloway said, he went to a wooded area near the parking lot intending to release the snake. He asked one of his sons to get a shovel out of his truck because he wanted to use it to scoop up the snake and toss it in the woods. But, Galloway said, he felt threatened when he put it on the ground and it came toward him. He then took the shovel and cut off the head, snapped the rattle off and threw the carcass in the woods.
Herpetologist Glenn Fox testified that he found Galloway's story unreasonable because an Eastern Massasauga will not strike a stick, is shy and will probably flee when approached.
To learn more about the rattlesnake and to find which species are protected by law, call the Michigan Department of Natural Resources' Wildlife section at (517) 373-1263 or visit the Web site at www.michigan.gov/dnr.
http://www.mlive.com/news/aanews/in...tandard.xsl?/base/news-4/1051802482252720.xml
I've never seen a rattlesnake back down from much anything....
Whitmore Lake man claims self-defense
Thursday, May 1, 2003
BY LIZ COBBS
News Staff Reporter
A 47-year-old Whitmore Lake man was found guilty Wednesday of a charge seldom brought in Michigan - killing an Eastern Massasauga rattlesnake, the state's only venomous snake.
With the evidence - a frozen, decapitated rattlesnake bagged in plastic - stored in a small ice cooler, James Galloway was convicted by a six-member jury after a day-long trial of killing a protected reptile or amphibian without a state permit.
Galloway will be sentenced June 26. The misdemeanor charge carries a maximum penalty of 90 days in jail and a $500 fine.
"I'm stunned that the snake had more rights than a human being," Galloway said after the trial.
The rattlesnake is considered a threatened species by the Michigan Department of Natural Resources.
Galloway was charged with killing the 2-foot-long snake during an afternoon outing Aug. 9 with his two sons and their friend at Pickerel Lake in the Pinckney Recreation Area, 15 miles northwest of Ann Arbor.
He contends he was protecting nearby children and himself. He also said he didn't know it was a crime to kill the snake.
Galloway's attorney, Donnelly W. Hadden, asked 14A District Court Judge Richard Conlin to dismiss the case, arguing that the state law allows the DNR director to select which species need a permit to be killed, a selection that should be made by the state Legislature.
"I think this whole thing is silly," Hadden said after the trial.
Washtenaw County Assistant Prosecutor Jeaneth Kirkpatrick brought in an expert witness who described the characteristics and behaviors of the snake. Also testifying were two witnesses who saw Galloway with the rattlesnake, as well as a park ranger and conservation officer, who spoke with Galloway about what he did.
Galloway testified that while his two sons and their friend fished on the dock, he was headed up a narrow, sandy path to his pickup truck when he heard a hissing noise that he first thought was air. He then saw a rattlesnake about six to eight feet away. Galloway said he saw a young girl, who looked to be about 3 years old, coming down the path toward him and ahead of two adults, whom he assumed were her parents.
Galloway told them to stop the girl because there was a rattlesnake in the path.
Grabbing a nearby stick, Galloway said, he held the snake's head down, even though the snake struck out at the stick a couple of times, while the girl and her parents passed.
Galloway said he then picked up the snake, holding its head with his left hand and the body with his right hand, and took it to the dock area to show his sons and warn adults: "This is why you need to keep an eye on your children."
Jill Pernicano, who had just finished swimming, testified she questioned Galloway about the snake because she suspected it was an Eastern Massasauga, then she used her cell phone to call the DNR.
Meanwhile, Galloway said, he went to a wooded area near the parking lot intending to release the snake. He asked one of his sons to get a shovel out of his truck because he wanted to use it to scoop up the snake and toss it in the woods. But, Galloway said, he felt threatened when he put it on the ground and it came toward him. He then took the shovel and cut off the head, snapped the rattle off and threw the carcass in the woods.
Herpetologist Glenn Fox testified that he found Galloway's story unreasonable because an Eastern Massasauga will not strike a stick, is shy and will probably flee when approached.
To learn more about the rattlesnake and to find which species are protected by law, call the Michigan Department of Natural Resources' Wildlife section at (517) 373-1263 or visit the Web site at www.michigan.gov/dnr.
http://www.mlive.com/news/aanews/in...tandard.xsl?/base/news-4/1051802482252720.xml
I've never seen a rattlesnake back down from much anything....
