A Smithfield man who pleaded guilty to shooting and then killing a bald eagle by running it over with his all-terrain vehicle was sentenced to home confinement Monday, but the United States government argued he deserved time in federal prison.
Allen Thacker, 62, was sentenced to a $500 fine, $1,500 restitution payment, 100 hours of community service, one-year probation and one month of home confinement after pleading guilty to killing a bald eagle, according to documents filed in federal court Monday.
However, the United States argued that Thacker deserved two weeks incarceration for the crime, and an additional five months of home confinement.
Thacker pleaded guilty in July to killing a bald eagle on his property near the James River, first shooting and wounding the bird, then running over it with his all-terrain vehicle. His actions were a violation of the Bald and Golden Eagle Protection Act, and the government’s position classified Thacker’s actions as “egregious and distressing,” according to court documents.
“The killing of the Bald Eagle was accomplished by a breathtaking amount of violence,” read the United States’ position on sentencing filed Oct. 16. “This level of violence, far greater than necessary to accomplish the goal of killing a Bald Eagle, raises serious concerns about the defendant’s capacity to inflict pain on other living creatures for his own enjoyment.”
The U.S. position also questions the defendant’s “capacity for empathy,” and suggests the defendant could have used different methods to kill the wounded eagle, such as using his firearm— rather than his ATV— to put the bird out of its misery.
“The killing of the Bald Eagle offends many Americas [sic] as an affront to the United States itself,” stated the document. “Although there is no evidence in the record to suggest the defendant harbors anti-American views, his wanton killing of the Bald Eagle would lead many to characterize the defendant in this manner.”
The U.S. conceded Thacker had no criminal history and had the support of family and friends and a long work history. In addition to his cooperation with the court, these factors “stand out” and “mitigate his behavior before the court,” according to the document.
However, the U.S. argued the sentence needed to reflect the severity of the offense, and provide both just punishment and deterrence of future offenses by showing zero tolerance.
“Deterrence must be of paramount concern to the Court and this defendant and other similarly situated individuals must know that to violate the laws protecting our wildlife and other natural resources will result in a sentence of incarceration,” stated the U.S. “A sentence of probation will not accomplish that goal and will be insufficient to deter this defendant in the future or others like him who decide to violate the law by killing Federally protected wildlife whenever it suits their needs and desires.”
Thacker’s $1,500 restitution payment will be made to the North American Wetlands Conservation Fund Account, and his community service hours will be served with the National Wildlife Refuge, if possible, according to court documents.
Thacker’s lawyer did not respond to request for comment by time of publication.
WYDaily archives were used in this story.
Harris may be reached at andrew@localvoicemedia.com.
