Charges unlikely in death of alligator

No one has been charged with animal cruelty for attempting to kill an alligator discovered at the Shady Lane fishing pond Monday afternoon.

A crowd of people reportedly tried to hook the alligator on a fishing pole, shot it with a bow and arrow and slit its throat before a Flathead County sheriff's deputy arrived a little after 10 p.m. and had to put the reptile down.

The story appeared in the Daily Inter Lake on Wednesday and was picked up by The Drudge Report, a popular Internet news and gossip site. Since then, media outlets around the world have attempted to contact the family that found the alligator. They were scheduled to appear on "Good Morning America" this morning.

Due to the national exposure, more than 100 people e-mailed the Inter Lake and a number of people called to express their indignation at what took place. Most wanted to know if anyone will be charged with animal cruelty.

The answer, at least for the time being, is no. The case is under investigation and will ultimately be submitted to County Attorney Ed Corrigan for his opinion, but Sheriff Jim Dupont said there were no charges pending.

Lynn Bryant, who found the gator with her son, Josh, said she didn't do anything to the animal other than take its picture. When a friend showed up a few minutes later to go fishing with his daughter, he tried to hook it so they could get it out of the water and call someone about it.

Many who contacted the Inter Lake wondered why those involved didn't call someone right away.

Dupont said that anyone who finds himself in a similar situation should notify the sheriff's office at once. Deputies would then probably refer it to Montana Fish, Wildlife and Parks, so the animal could be trapped and sent to a more suitable environment.

"I wasn't even thinking of that, to tell you the truth," Bryant said. "The bottom line is it was our safety I was concerned about. If I was walking in the woods out here and saw a bear, I'm going to shoot it for my safety or for my family's safety."

The pond is a popular summer destination for local children, who often go fishing or swimming there unattended, she said. The fact that she was there with Josh Monday afternoon was a fluke.

"The thing I'm saying is I'm glad that we drug that alligator out of there and we weren't dragging my kid out of there."

When they first spotted the gator, Bryant took photos of it with her camera phone. Within about an hour, her battery went dead, she said, and so she didn't have the option of calling any longer.

Meanwhile, more people showed up, none of whom Bryant knew. By the time Deputy Roy Young arrived a little after 10 p.m., there were about 20 people at the pond. Earlier reports said there were about 50 people present.

"Those people made their own decisions," Bryant said. "I didn't condone what they did, and I didn't really like it."

Dupont said there are several issues which law enforcement must consider in the case.

"The first is: Does it fall under a Montana law?"

So far, neither the sheriff's office nor Montana Fish, Wildlife and Parks has found any statute that covers alligators specifically. Depont said the law on cruelty to animals defines "animals," and that alligators aren't listed.

"An alligator is not considered an animal, and we don't have reptile laws," he said.

The Inter Lake, however, could not find any definition for "animal" in Montana Code Annotated section 45-8-211, which covers animal cruelty. The code states without qualification that, "A person commits the offense of cruelty to animals if, without justification, the person knowingly or negligently subjects an animal to mistreatment or neglect by… overworking, beating, tormenting, torturing, injuring or killing the animal."

The second issue law enforcement is considering is the fact that the people directly involved in the attack against the alligator say they believed the animal was going to harm them.

"As in any criminal case, you have to prove there was malice and forethought," Dupont said. "Nobody's going to admit that they did it for ha-ha, so then you've got to prove that they did it maliciously."

Finally, there's the question of jurisdiction. Flathead County is willing to take responsibility for the investigation, Dupont said, but it may actually be a Montana Fish, Wildlife and Parks case. If the sheriff's office does take it, it won't be top priority because they're busy with other cases this summer, he added.

That's where Marvin's Fund of Montana may step in. The anti-animal-cruelty organization is set up to assist law enforcement, said spokeswoman Myni Ferguson.

The group understands deputies and officers often have more pressing matters to handle, she said.

"Unfortunately, (animal cruelty) is one of those low priorities," she said. "We can step in and fill the gap. We feel that the law is the law is the law, and you can't be selective in enforcing them."

At this point, Ferguson understands there is uncertainty about whether anyone will be charged with animal cruelty for abusing the alligator, but she believes the law does cover all animals, even large reptiles.

"As long as Montana allows people to have their choice of pets, animal cruelty covers them all," she said.

Public outcry may help their case, she added.

"It's the old squeaky wheel thing," she said. "If enough people squeak…"

The alligator affair apparently began with good intentions, Ferguson said; it simply escalated out of control.

"I understand there was a lot of initial fear, and it was developed into a kind of gang mentality," she said.

And despite loud public clamoring for animal cruelty charges, the real person at fault is the one who let the alligator go, Ferguson said.

"Primarily, we blame the person who set it loose," she said. "Whoever did it must have known that he or she was consigning it to be a public nuisance and a potentially brutal death."

That person never should have had a gator in Montana in the first place, Dupont said.

"I think the whole emphasis on this thing should be don't buy alligators. They grow up and this is exactly what happens," he said. "Reality tells you how stupid it is.

"I understand, we're all upset about the poor alligator dying, but again, let's get a reality check, too," he added. "Exotic pets like that don't belong in the state of Montana."

Reporter Kristi Albertson may be reached at 758-4438 or by e-mail at kalbertson@dailyinterlake.com