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September 05, 2003
Black bear shooter convicted
White Hall man fined $1,500, won't go to jail
Mike Sawyers/Cumberland Times-News
CUMBERLAND — A Baltimore County man must pay a fine of $1,500 and forfeit the shotgun he used to illegally kill a black bear near his cabin during the summer of 2002, according to Allegany County Circuit Court Judge Timothy Finan.
Although Finan imposed the maximum fine, he did not order jail time, which could have been as much as six months, for Lewis J. Keller, 58, of White Hall.
The guilty verdict by the seven-man, five-woman jury was returned at 1:30 p.m. Thursday, 2 1/2 hours after the two-day trial ended.
Keller shot the bear from his bedroom window at his cabin on Polly Neil Road in the middle of the Green Ridge State Forest on Polish Mountain. The animal was struck in the head with three buckshot pellets, testimony revealed. Keller testified that the night of the shooting was at least the fourth time the bear had visited his cabin, ostensibly drawn there by shelled corn stored in an enclosed porch.
In his closing argument, prosecutor Mark Alexander reminded the jury of the importance of the case. This is the first time in Maryland that a case of illegally shooting a bear reached a jury and a decision.
Maryland Natural Resources Police officers became aware of the illegal kill when a video showing the dead bear and Keller was confiscated by C3I during the investigation of a separate crime.
Keller, who was represented by Towson lawyer George Reuling, has 30 days to pay the fine or appeal.
Testimony ended Wednesday. Thursday’s courtroom action began with closing arguments by the attorneys.
Alexander replayed for the jury the videotape taken by James Stickley of Williams Road that shows Keller with the dead bear alongside his cabin.
Alexander argued that, during the video, Keller did not show the fear of the bear that he professed during his testimony and which he believed justified his killing of the animal.
Reuling, on the other hand, asked the jury why his client would show fear when the tape showed segments made when the bear was not present or when the bear was dead. He said, too, the fact that Keller waited until the bear’s fourth visit before shooting it doesn’t prove premeditation.
During a portion of the tape before the killing, Keller indicates that he would shoot the bear upon its return. During a portion of the tape after the shooting, Stickley is heard saying to Keller, “What do you think, brother? He won’t be back no more, will he?”
In not sentencing Keller to jail time, Finan recognized that the defendant had no prior convictions. “This case was very well tried by both sides,” Finan said, noting that Keller treated casually the hunting laws of the state by his actions.
Maryland has no bear season. The law forbidding the killing of a bear, however, does not apply to a person who is in fear for his life, for the lives of others or the lives of animals on his property.
Mike Sawyers can be reached at msawyers@times-news.com.
Black bear shooter convicted
White Hall man fined $1,500, won't go to jail
Mike Sawyers/Cumberland Times-News
CUMBERLAND — A Baltimore County man must pay a fine of $1,500 and forfeit the shotgun he used to illegally kill a black bear near his cabin during the summer of 2002, according to Allegany County Circuit Court Judge Timothy Finan.
Although Finan imposed the maximum fine, he did not order jail time, which could have been as much as six months, for Lewis J. Keller, 58, of White Hall.
The guilty verdict by the seven-man, five-woman jury was returned at 1:30 p.m. Thursday, 2 1/2 hours after the two-day trial ended.
Keller shot the bear from his bedroom window at his cabin on Polly Neil Road in the middle of the Green Ridge State Forest on Polish Mountain. The animal was struck in the head with three buckshot pellets, testimony revealed. Keller testified that the night of the shooting was at least the fourth time the bear had visited his cabin, ostensibly drawn there by shelled corn stored in an enclosed porch.
In his closing argument, prosecutor Mark Alexander reminded the jury of the importance of the case. This is the first time in Maryland that a case of illegally shooting a bear reached a jury and a decision.
Maryland Natural Resources Police officers became aware of the illegal kill when a video showing the dead bear and Keller was confiscated by C3I during the investigation of a separate crime.
Keller, who was represented by Towson lawyer George Reuling, has 30 days to pay the fine or appeal.
Testimony ended Wednesday. Thursday’s courtroom action began with closing arguments by the attorneys.
Alexander replayed for the jury the videotape taken by James Stickley of Williams Road that shows Keller with the dead bear alongside his cabin.
Alexander argued that, during the video, Keller did not show the fear of the bear that he professed during his testimony and which he believed justified his killing of the animal.
Reuling, on the other hand, asked the jury why his client would show fear when the tape showed segments made when the bear was not present or when the bear was dead. He said, too, the fact that Keller waited until the bear’s fourth visit before shooting it doesn’t prove premeditation.
During a portion of the tape before the killing, Keller indicates that he would shoot the bear upon its return. During a portion of the tape after the shooting, Stickley is heard saying to Keller, “What do you think, brother? He won’t be back no more, will he?”
In not sentencing Keller to jail time, Finan recognized that the defendant had no prior convictions. “This case was very well tried by both sides,” Finan said, noting that Keller treated casually the hunting laws of the state by his actions.
Maryland has no bear season. The law forbidding the killing of a bear, however, does not apply to a person who is in fear for his life, for the lives of others or the lives of animals on his property.
Mike Sawyers can be reached at msawyers@times-news.com.
