Community service in falcon death case
COEUR d'ALENE — A Hauser woman convicted of pursuing a hunter's falcon was sentenced Monday in Kootenai County District Court to community service.
Patti MacDonald, 60, was ordered by First Judicial District Magistrate Judge James Stow to complete 20 hours of community service by the end of the year and pay $500 in court fees. During the sentencing hearing, Stow told MacDonald he considered a letter written by the falcon's owner, Scott Dinger, asking that she not serve time in jail, as well as the circumstances of the January incident that caused the misdemeanor conviction.
"It's appropriate that there is some punishment," Stow said, adding that it was also important to recognize that MacDonald's actions were, "not something she instigated."
MacDonald was accused of attacking Dinger's falcon, Hornet, with a scarf when she encountered the raptor attempting to complete a lawful kill of a duck near a corn maze attraction in Hauser. Dinger found Hornet dead about an hour later and, during the trial, two expert witnesses confirmed the bird had suffered a broken skull and fractured leg.
She was charged with two misdemeanor offenses, pursuing a protected bird and beating or harassing an animal, in connection with the Jan. 7 incident. On July 2, after more than two hours of jury deliberation, she was found guilty of pursuing a protected bird.
During his remarks at the hearing, Prosecutor Art Verharen recommended a jail sentence that would have allowed MacDonald to serve her time in the Sheriff's Labor Program. He told Stow that, from the time of the incident to the jury's verdict, "arrogant ignorance" was displayed my MacDonald.
"She showed no empathy to Mr. Dinger when it became clear that she was dealing with someone's pet," Verharen said. "She took a stance without remorse or respect for that. In her mind, it's justified. In her mind, it's OK. And I guess I see that as arrogance."
Verharen added that it was ignorance that caused MacDonald to stop her vehicle and attempt to save the duck.
"Any reasonable person should see that's not a situation you interfere with," he said.
Defense Attorney Michael Palmer asked Stow for withheld judgment in the manner, which would have allowed MacDonald to complete probation and sentencing requirements while keeping her record clean. He called the case unusual in nature, and said that, to his client, the scene "that fell out of the sky" looked more like a cockfight than a lawful hunt.
"She tried to break up that fight," Palmer said. "While they're saying there's no empathy, it would take a great deal of empathy to attempt to save that duck."
Palmer added that the case had already cost MacDonald thousands of dollars, and that the considerable media coverage caused her to be targeted with threats and other harassment.
Stow said withheld judgment would be applicable in this case, but he could not issue that sentence because MacDonald had already been given one in a DUI case that occurred less than 10 years ago.