Donald Ray Keel, Pesticide Poisoning, TN 2003

Huntsville, TN – Donald Ray Keel, a Tennessee resident, was sentenced in June 2003 following a federal conviction for illegally poisoning wildlife with a restricted-use pesticide. The case, investigated by the Environmental Protection Agency (EPA) and prosecuted by the Department of Justice, revealed a deliberate act that resulted in the deaths of multiple animals, including protected bird species.

According to court documents, Keel applied the highly toxic pesticide Aldicarb to the carcasses of two deer and a goat. He then strategically placed these poisoned carcasses in a field, knowingly attracting scavenging animals and birds. This reckless act led to the consumption of the tainted meat by various wildlife, resulting in the confirmed deaths of at least seven red-tailed hawks and two black vultures. The EPA’s investigation determined Keel acted with full knowledge of the dangers posed by Aldicarb, a pesticide restricted for use only by certified applicators due to its extreme toxicity.

The initial charges, filed in July 2002, included one count of violating the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and nine counts of violating the Migratory Bird Treaty Act (MBTA). A superseding indictment later streamlined the charges to a single count under each act: 7 U.S.C. §136j(a)(2)(F) for improper use of a restricted use pesticide under FIFRA, and 16 U.S.C. §703 for violating the MBTA. The case was bifurcated, with a jury hearing evidence on the FIFRA charge and the judge presiding over the MBTA charge.

The jury found Keel guilty on the FIFRA count, and the judge subsequently found him guilty on the MBTA charge. Prosecutors highlighted Keel’s prior criminal history, revealing a 1994 conviction on three separate MBTA charges, demonstrating a pattern of disregard for wildlife protection laws. This prior record significantly impacted the sentencing phase of the case.

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Penalties and Sentencing

On June 23, 2003, Keel received a 30-day incarceration sentence for the FIFRA violation and a consecutive six-month sentence for the MBTA violation, totaling nine months in prison. Following his release, he was placed on 12 months of probation with a strict condition prohibiting him from possessing or working around pesticides. In addition to the jail time, Keel was ordered to pay $1,000 in federal fines and a $50 special assessment fee. The severity of the sentence reflects the deliberate nature of the crime and the vulnerability of the impacted wildlife.

Key Facts

Defendant: Donald Ray Keel
Location: Tennessee
Pesticide Used: Aldicarb (restricted use)
Victims: At least 7 Red-tailed Hawks, 2 Black Vultures, and other unspecified animals
Statutes Violated: 16 U.S.C. 703 (Migratory Bird Treaty Act), 7 U.S.C. 136j(a)(2)(F) (Federal Insecticide, Fungicide, and Rodenticide Act)
Sentence: 9 months imprisonment, 12 months probation, $1,050 in fines
Prior Record: Convicted of three MBTA violations in 1994

The EPA continues to aggressively pursue enforcement actions against individuals who illegally use pesticides and endanger wildlife. This case serves as a stark reminder of the potential consequences of violating federal environmental laws and the importance of protecting vulnerable species.

Source: EPA ECHO Enforcement Case Database

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