Shooter caught in law's talons

A Nebraska federal judge Friday issued the stiffest jail sentence in memory for a wildlife violation.

U.S. District Judge Joseph Bataillon of Omaha sentenced Lamar Bertucci, 39, of Macy, Neb., to 366 days in prison for possession of eagle parts.

Bataillon said he hoped the sentence would send a message to others who violate federal laws protecting eagles, hawks and other raptors.

Mark Webb, a U.S. Fish and Wildlife Service special agent, has worked as a state or federal officer in Nebraska off and on for more than three decades. Webb said he wasn't aware of anyone receiving a longer jail sentence for a wildlife violation from a federal court in Nebraska.

No one, including American Indians, is allowed to shoot, trap, sell, barter or trade feathers from any eagle or hawk. Only Indians may obtain permits to possess eagle and hawk feathers for religious and ceremonial purposes.

During testimony at Bertucci's sentencing hearing, Webb said he and other investigators seized bald eagle and red-tailed hawk feathers, talons and wings from Bertucci's home and from other individuals on the Omaha Indian Reservation in 2007. The contraband included eagle feathers in six paper grocery sacks.

Investigators also discovered seven mutilated bald eagle carcasses in plastic bags dumped along the Missouri River. Webb said DNA analysis matched some of the eagle parts with the carcasses.

Webb said the carcasses and parts had an estimated black market value of more than $158,000.

Witnesses told investigators that they were present when Bertucci, a member of the Omaha Tribe, shot eagles and that he had subsequently sold eagle and hawk feathers to others wanting to make headdresses.

“Shooting eagles has been a tremendous problem on the Omaha and Winnebago reservations,'' Webb said. “Maybe this sentence will reduce or help eliminate this problem.''

Bertucci pleaded guilty in July.

Before imposing the sentence, Bataillon said he knows that eagles and other raptors hold religious significance to American Indians.

“But there are legal ways to do that without going out and killing birds,'' Bataillon said.

Bertucci said he was remorseful and didn't know it was against the law to possess raptor feathers and parts.

“I'm sorry for what I did,'' he said.

The judge said he didn't believe Bertucci was unaware that killing eagles was illegal.

Besides sentencing Bertucci to a year and a day in jail, Bataillon ordered a one-year supervised release when the sentence is complete and 40 hours of community service.

No fine or court costs were ordered because of Bertucci's inability to pay.

Contact the writer:

444-1127, david.hendee@owh.com