A 66-year-old resident of Brush Prairie, Clark County, Washington, was charged on Aug. 4 with violating federal law by killing a bald eagle, according to First Assistant U.S. Attorney Charles Neil Floyd. Benjamin G. Allen is accused of shooting and killing the bird with a shotgun on February 5 in Brush Prairie and has been summoned to appear in U.S. District Court in Tacoma on September 8.
According to case records, officers from the Washington Department of Fish and Wildlife responded to a report about a dead eagle found with blood around its head near Allen’s property where he kept chickens. A witness reported hearing a gunshot earlier that day. Special Agents from the U.S. Fish and Wildlife Service interviewed Allen regarding his actions that day, and an examination by a veterinarian determined that two shotgun pellets caused fatal injuries to the eagle’s brain.
Allen is charged with one class A misdemeanor for violating the Bald and Golden Eagle Protection Act and one class B misdemeanor for unlawfully killing a migratory bird. The maximum penalty for a class A misdemeanor includes up to one year in prison and up to $500,000 in fines; for a class B misdemeanor, penalties include up to six months in prison and up to $5,000 in fines.
The announcement emphasized that these charges are only allegations at this stage: “A person is presumed innocent unless and until he or she is proven guilty beyond a reasonable doubt in a court of law.” The investigation is being conducted by both the U.S. Fish & Wildlife Service and the Washington Department of Fish and Wildlife.
Assistant United States Attorney Sean H. Waite is prosecuting the case.
The U.S. Attorney for the Western District of Washington handles federal prosecutions, civil litigation, community safety programs addressing gun violence and online threats, and operates offices in Seattle and Tacoma staffed by about 85 attorneys plus support staff across Western Washington areas including Seattle and Tacoma as part of the U.S. Department of Justice, according to its official website.