Westerlo man takes plea deal for shooting goose

WESTERLO — A man charged with shooting a goose out of season took a plea deal Wednesday night at Westerlo Town Court.

William Kowal, 77, of Westerlo, had been ticketed by an Environmental Conservation Officer in April for three charges: shooting a migratory bird out of season, discharging a firearm from a vehicle, and discharging a firearm within 500 feet of a residence.

Kowal went before Judge Robert Carl and waived his right to an attorney.

“The truth doesn’t need an attorney,” said Kowal.

Carl then asked Kowal a series of questions to ensure his understanding of the right he was giving up and his ability to represent himself. Kowal said he had experience in asking and answering questions — he said he has two doctorates, one in psychology and one in education. Kowal noted he was on medication, as he was when the ECO had ticketed him, but said his ability would not be impaired.

Carl later told The Enterprise this was the first case he had overseen where someone had waived his right to an attorney. He did not recommend it as an option for those on trial.

On Wednesday, Carl deemed Kowal fit to represent himself, and asked him if he would like to try the case as a bench or jury trial, saying those were the only options. He also warned Kowal that the maximum sentence for the charges could land him in jail for almost 200 days.

Albany County Assistant District Attorney Andrew Neidhart then added there was a third option — plead guilty to the of shooting of the goose and accept a $250 fine with a $75 surcharge, and thereby satisfy all charges. Kowal accepted the plea deal.

After appearing in court, Kowal told The Enterprise last month that he decided to go to trial because he was innocent of two of the three charges, and the charge he was guilty of — shooting a goose out of season — was due to a bureaucratic error.

According to Kowal, geese that frequent the pond on property he lives on and rents out to tenants had spread diseases through the groundwater and sickened himself and his family. According to the Center for Disease Control and Prevention, goose feces carry germs such as salmonella and E. coli. To prevent geese from defecating on his property, Kowal had been applying for an annual permit for the last 15 years to shoot Canada geese out of season, but didn’t apply in 2015 after fewer geese appeared the previous year. It was in 2015, without having a permit, that he said contamination from the geese infected himself and his family.

In 2016, Kowal said he applied for a depredation permit from the United States Fish and Wildlife Services, which allows migratory birds to be caught or killed after it is determined enough damage has been done by the birds to warrant a permit. Kowal has not had his permit issued almost a year later, he said.

It is unclear why there would be a delay. But updates or reviews of the National Environmental Policy Act may delay federal processes like USFWS permits, and NEPA was updated in April of last year. In response to a Freedom of Information Act request for information about Kowal’s permit, the USFWS released a copy of Kowal’s application (with redacted personal information).

The application is dated for Aug. 6, 2016, and requests permission to take Canada geese with a shotgun using non-toxic shot due to the geese causing property damage and threatening human health and safety. Officials did not respond to a request for comment on the effects of the NEPA update.

USFWS official Bryan Kluever told The Enterprise in an emailed statement on Wednesday that the agency is currently conducting environmental assessments related of migratory bird take permits, due to NEPA compliance and analysis related to issuance of those permits. The updates began in July 2016, he said, and the agency is currently working on processes in New York and Delaware. All along, Kowal had said the year’s delay was why he didn’t have a permit.

Kowal had also said he had not loaded or fired the weapon until after dismounting an all-terrain-vehicle he rode to reach the pond where the goose he shot had been. He also said he had a lease agreement signed by his tenants that stipulated he would fire within 500 feet of their dwellings in order to shoot pests like geese.

Vencak said that a lease agreement does give someone permission to fire within 500 feet of their home, making it legal, but he had not known that Kowal had such an agreement when writing the ticket, saying Kowal had not informed him.

Vencak added that, even with a depredation permit, Kowal still would have illegally shot the goose because he used a .22 long rifle rather than a shotgun to kill the goose. According to federal regulations, those permitted to kill migratory birds may only do so with a shotgun not larger than a 10 gauge fired from the shoulder.

Vencak said he had received a call from a tenant about the goose being shot; he arrived on the property on April 19 and discovered the goose’s remains, which he brought to a facility for a necropsy. According to Kowal, it had been a tenant who asked him to shoot the goose because it was disturbing her. Vencak met with Kowal on April 22 and said he admitted to the charges.


Updated on June 21, 2017: Information obtained through a Freedom of Information Act request on William Kowal's permit was added when it was received. Comments from United States Fish and Wildlife Services official Bryan Kluever were also added when they were received on June 21.

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