Faulk County, SD – A South Dakota man has been sentenced for intentionally poisoning wildlife, resulting in the deaths of three bald eagles, a skunk, and a mink. Kevin Deiter was convicted in May 2020 of multiple federal crimes related to the unlawful use of a restricted-use pesticide and the illegal killing of protected bird and mammal species.
The case originated on March 21, 2017, when the South Dakota Game, Fish and Parks Department discovered the carcasses of three bald eagles in Faulk County. A subsequent investigation by the U.S. Fish and Wildlife Service revealed a disturbing pattern. Near the eagle remains, investigators found evidence of damaged silage bags – plastic wraps used to store livestock feed – along with the bodies of a skunk and mink. Also present were broken chicken eggshells and a partially intact egg, all indicating a deliberate attempt to poison these animals.
According to court documents, Deiter confessed to injecting chicken eggs with carbofuran, a highly toxic carbamate pesticide, and strategically placing them near the silage bags. His motive? To deter skunks and mink from tearing into the plastic wraps, which he considered a nuisance. Tragically, the poisoned eggs weren’t selective, and the eagles, preying on the contaminated animals, also succumbed to carbofuran poisoning.
Legal Ramifications
Deiter’s actions violated several federal statutes, including the Federal Insecticide, Fungicide, and Rodenticide Act (16 U.S.C. 707(a), 7 U.S.C. 136j(a)(2)(G), 7 U.S.C. 136l(b)(2)), which regulates the use and application of pesticides. He was also found in violation of the Migratory Bird Treaty Act (16 U.S.C. 668(a), 16 U.S.C. 703), a cornerstone of bird conservation in North America. The act protects migratory birds, their nests, and eggs, making it illegal to take them without proper authorization.
Sentencing and Restitution
The court imposed a $5,000 fine on Deiter, alongside a mandatory $40 assessment to the Federal Crime Victims Fund. More significantly, he was ordered to pay $29,400 in restitution – $9,800 for each of the three bald eagles killed. This financial penalty reflects the severe consequences associated with harming protected species and underscores the importance of responsible pesticide use.
Continued Enforcement
This case highlights the ongoing efforts of federal and state agencies to combat wildlife poisoning and enforce environmental regulations. The EPA’s Criminal Investigation Division, in collaboration with the U.S. Fish and Wildlife Service, continues to investigate instances of illegal pesticide use and prosecute those who endanger wildlife and public health. Officials warn that improper pesticide application can have devastating consequences for ecosystems and pose a risk to both animals and humans.
Key Facts
- Defendant: Kevin Deiter
- Location: Faulk County, South Dakota
- Year of Conviction: 2020
- Victims: Three Bald Eagles, one Skunk, one Mink
- Method: Carbofuran-laced chicken eggs
- Statutes Violated: Federal Insecticide, Fungicide, and Rodenticide Act, Migratory Bird Treaty Act
- Penalties: $5,000 fine, $40 assessment, $29,400 restitution
Source: EPA ECHO Enforcement Case Database
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