Hey, you're shooting those birds. Get out here. You're shooting those birds. You You That's totally illegal. You just shot two birds. You shot the duck yesterday. >> Talk. He shot our birds. He killed two hands. He killed our ducks yesterday. >> Did you shot him? I I recorded you shoot this one. You shot one a minute earlier. You shot our duck yesterday. The local ducks that everyone watches that are practically pets. Yes, you did. You killed our duck yesterday. Got >> it in the wing trying to get it to fly off. >> You don't do that. Please, ma'am. Call the police. >> Just call them, man. I have pressure washed for hours and hours. >> Welcome to Florida. >> Time I was here, I would run out, shoe them off, and they would come >> because they live here. They're wild animals. >> Why are you yelling? Because dude, I want to >> Why are you yelling? You want to What? >> You want to You want to hurt me? Is that what you want to do? >> I want to see you pay now. You can't kill these wild birds. >> Yell at me. >> Hello, sir. >> How you doing? Thanks for waiting. >> So, this is Joseph. >> Okay. >> He's the guy who's talking. >> Okay. Hello, sir. I'm Officer Ferguson, FWC. joking. All right. >> So, there's a malard on the side of the house over here. >> Okay. Is that a large blue heron? Great blue heron or the smaller ones? >> Maybe. No, I don't think it's one of the small >> the small ones. That's a great blue heron. Yeah, pretty sure that's a That's a big one. All right. Gotcha. >> So, he shot it with a plet gun. >> Gotcha. Do you have the plet gun? >> I I do. >> All right. Just hold on to it for right now. >> Yeah. I was not aiming. There's And there's no firearms. >> I was not aiming there, but it's a old gun. Not accurate. >> Okay. >> All right. Let's uh bring this. [Music] >> All right. And where's the mallet? I did not even know. >> Okay, before you talk, I'm going to get back to you. Hold on a minute. >> I'm sorry. What? >> Yesterday. >> Shooting ducks yesterday. Okay. >> Shoot it in the link cuz he didn't think it would. >> You said that about the duck. >> No, >> about the hair. Yeah. >> How about the malard here? >> Yeah. So, he didn't tell us anything about that, but he did tell us if he was shooting ducks yesterday. >> Okay. >> So, see the birds that are hanging out over here. >> I guess he's doing work at this house. It was abandoned. The neighbors said that all the birds have been hanging out around this pool. >> Okay. >> And he's been cleaning up the house and he's tired of cleaning up their [ __ ] >> So, at first he was showing him away. Then he was spraying them with water. >> Okay. >> Uh with a power hose. >> Okay. Uh, and then he came out with a BB gun and he said he shot it in the wing in the hopes that that would take it off. He didn't think that it would kill it, >> but he told us that he was trying to shoot it. >> Okay. >> So, he's now saying that it's un it's not accurate or whatever. No, he told us that he shot it in the wings. >> Okay. So, he's he's not the owner. He's the hired. >> So, he's from Texas, >> but he is the owner of the house. >> No, he's just here. >> Okay. Hey, there's more than that. He shot another heron before that one. So, it's out there wounded or dead. And he's been in and out of his truck like he's been hiding in something else. And there was another malard duck. >> Okay. >> I checked his truck. >> Okay. All right. I appreciate it. >> All right. >> Okay. All right. All right, sir. So, I'm going to read you a statement here. It's called your Miranda warning. Have you ever been to jail before? >> Uh, once. Yes, sir. >> What was it for? >> Oh, nothing related to this. >> Here or Texas? >> No, in Texas. >> Okay. You have the right to remain silent. Anything you say can and will be used against you in a court of law. Do you understand each of these rights I've explained to you? >> Yes, sir. Having these rights in mind, do you wish to talk to me now? >> I would like to. >> Okay. All right. So, do you want to fill out a statement on what you did today? A witness statement? >> Sure. >> Okay. Hang tight. >> Can I just >> Yeah. Yeah. Hang on. Let me get the paperwork and I I'll come talk to you. All right. Do you have your ID on you? >> All right. All right. You have a seat there. I'm gonna bring this chair over here. Set this down for me. All right. So, Joseph go ahead and start with since you agreed to talk to me on how these birds end up being shot. It sounds stupid and heavy now. Uh I've spent hours and hours like pressure washing lake and repeatedly. I tried to display. >> Okay. So, you're a hired worker for the owner here. Is that right? >> No, sir. This is my house. >> This is your house. You own the house. Okay. >> Yes. But I mean, you can see just >> Yeah. >> all around. >> Oh, yeah. Okay. >> And I've tried to like and I don't know why. It's just my be over here working because there's a ton to do and I'd see them by the pool. So, I go out try to shoot them. >> Okay. I tried to like spray it with a hose. >> Okay. >> Like clap my hands and they just would come right back. >> Okay. >> So, >> has anybody been feeding them here before? >> I I just bought it in December. >> Okay. You haven't been feeding? >> No. >> Okay. >> And like but it was it's not just like normal like I mean it's crazy excessive and wouldn't even you couldn't even shoe them away. >> Probably the owner that was here before you fed him. That's the only reason that many birds stay around at one place. But go ahead. >> And so and I mean like I'm trying to fix it up myself. Like I don't even have sheetrock like just a ton to do and keep having to and I keep a pressure washer to try to like spray it off. Okay. And I was like, "Well, maybe." And and I I grew up hunting like I've shot, you know, like even like a teal with a 12 gauge and number twos. And if you don't >> Yeah, hang on a second. 7257. Go ahead. I'm sorry. Go ahead. >> So, >> okay. So, you've shot a teal before and I mean like with the 12 gauge and they still fly out if you don't get them. Yeah. >> So I was like, "Well, got a pellet gun. Maybe if I just, you know, sting them, they'll fly off." I didn't think that it would kill one at all. The mal around there, I didn't even know. I don't know if it came back the loose and he walked around the house. I would have just left him just sitting, you know. >> Okay. So, you shot the mour too, >> huh? >> You shot the mour too >> yesterday. >> Yesterday. That's what this deputy told me. Yes. >> So, explain to me how that happened. Were there a flock of them around the pool and you end up shooting at one of them? >> There was there was two of them. >> Okay. >> And I shot him like in the tried to shoot him like in the wing. Okay. >> And they would fly off >> and left and then I don't know if he came back and like walk around the side of the house and died. Like I didn't know he was running into the neighbor over here. Like he said, "Well, there's a dead bird around there." And I was like, "What?" >> And so >> you didn't know you killed that one before the heron? >> Yeah. Okay. >> So I So I thought that I was like, >> you know, I thought it worked. And the heron like he's saying I shot two of them. No, there was it was the same bird like I shot. Okay. >> And he walked from maybe like here to that little post and turned around and came right back. Like it didn't even spook him off. >> Where did you shoot him at? Where? >> Like >> I mean where where in your property? In the back. >> The pool. >> By the pool. Okay. >> That's where they all were. Like the pool. And I'm not I mean and he's making it out like I'm some terrible, you know, person that hates animals. Like we actually rehab animals. Like in Georgia, my wife's got a rehab license. We >> rehab baby deer. Like I I love animals. Like I didn't >> And I tried to tell him I was like, "Look, I wasn't trying to kill >> anything. I was trying I I didn't know what else to do. I thought well it would sting it and they would go away >> and then maybe you know >> not just >> Looks like though you hit it in the head. >> Well the first one hit it in the wing and the and he walked from like I say here to the trailer and turned around and came back. So I I was trying to shoot it like, you know, kind of high chest, but that that gun didn't, you know. >> How far away were you when you shot? >> I don't know. Maybe from like here to the lake. >> That hedge is about 12 ft. >> Maybe from Yeah. Uh it was on the other side of the creek. Maybe 10 12 feet. Yeah, maybe 15, 20. >> Okay. >> But I was thinking, so that first one, it didn't even like he didn't even leave after the first one. So I thought, well, maybe I'll try to like shoot it maybe like in the neck with the chest and get it to, you know, where he could feel it cuz the first one didn't even feel it. >> And I I didn't I wasn't trying to shoot him. >> Okay. like in the head like I I was thinking you know neck that would sting and he would leave. >> Okay. >> But of course he he died. >> And that was about what time do you figure that out? How long ago? >> Like an hour ago or something? >> Hour and a half maybe. >> Okay. I really was not trying to kill anything like I don't know what and and I I dang sure wouldn't have just left it up just sitting like on the side of the house like I would have bagged it up or buried it or like or put it in the freezer and cooked it like I mean I I wouldn't have just wasted it. They did. They >> What kind of hunting did you do prior to this in Texas for what kind of animals or birds? >> I've shot >> ducks. >> Yeah, I've shot ducks. I shot I just shot a turkey about a week or so ago. I tagged it like uh I mean I'm not I'm really not like crazy person like >> Okay. >> And and so much of what he said just hit me like there's been other ducks that I was shooting like a a suppressed 22 like he said all kinds of stuff and I tried to I was like look I'll show you like >> and I did show them like I'm I'm really I wasn't And I actually have a suppressed 22 at home. Like I But I wasn't meant to kill anything. >> Like I just >> So Were you shooting with that 22 at all? >> No, I don't have a 22 here. >> Oh, you don't even have it here. The suppressed 22? >> No. >> Okay. What is the Is it a a pump pellet gun? >> It's just one of the pellet guns that make you break >> [ __ ] action >> and then and put one in. It's not a where you >> It's not a Okay. How many times did you [ __ ] it? No, you just break it and then put it back >> one time. Yeah, >> cuz I've got one that you can do that several times and as you pump it up, it increases the power. >> Yeah. No, this one didn't like that. You're talking about one where the forearm goes like that. No, this one you just break it >> one time and it's got a point like 177 caliber pellet. >> Little little pellets, >> I think. So, >> okay. Well, my point is, you know, you're you're not somebody that's new to us to this. You've been a hunter before, >> but I've never hunted with a pelican. >> Okay. But you should know. >> I didn't think that would take down. Like I said, >> if you're familiar with firearms, you should know no matter what you're using, whether it's a BB or a pellet, if you hit an animal in the right spot, you can kill them. If you hit a human in the right spot with with a BB gun in the eye or whatever in the brain, you can kill them. Okay? That's not something that you want to take a chance with. I I didn't mean to hit it in the head. I went for the ne the first one. And he and he even said he was like, "You shot twice." >> The first one I shot in the wing and it didn't even do anything. It just let you walk like five steps and turn around and came right back. >> Okay. >> So, I've never hunted with the pellet gun, so I just thought, "Okay, well, it didn't hurt." So, >> Okay. So, did he film the whole thing? Is that how he knows about it? >> I I guess >> you He was right there when this happened and you were talking to him. >> I guess like he said cuz I was standing kind of inside the door. >> Uhhuh. >> And u And [Music] 1020 steps and turn and came back. >> Yeah. He didn't say anything like and then so I like grabbed another one and shot again thinking you know okay well I'll do it in the neck he'll feel that >> and fly off >> so your intent was to hit it in the neck then? Well, because when I hit it in the wing to try to shoot it, >> I understand. >> It didn't even like >> So, I thought, okay, well, somewhere like more tender. It'll feel bad. >> I didn't anticipate it killing me. >> Okay. >> Like, >> all right. Well, here's the thing is I'm going to get a witness statement from him. You can, like I say, I'm going to give you the form here. You can fill it out. You're going to get your chance in court. That's the uh the good news about it because you can tell the judge exactly what you told me and your intention was not to kill it. Whether he has any sympathy for you or not, that's going to be up to him. >> And I even tried to tell them that like even whenever you know because he just screamed and screamed. >> Mhm. And I told I was like, "Look, I'm sorry. I mean, he'll know you're going to jail maybe and I was like, "Dude, just stop yelling. Like, just call like the police." >> Yeah. >> And you don't have to just scream and right >> and then even after he called, I knew they were coming. I told I was like, "For what it's worth, >> I am sorry. I did not kill it." And I told the other neighbor that like, >> "Right, >> but >> okay. All right. Well, like I say, you're going to have your chance in court. There's a couple options here. Uh the bird, all birds essentially, but there's some exceptions like for hunting like the crow and the ducks and so forth are protected under the Federal Migratory Bird Treaty Act. And if you harm them, you could be charged with animal cruelty just like if it were a pet dog or whatever. If you kill them, you can be charged with a take, which is a harassment or a physical harm to a wild bird. So, I could take you to jail for it based on misdemeanor charges. You've been cooperative today. I'm inclined not to take you to jail. I'm going to let you get your witness statement. I'm going to get a witness statement here. I'm going to get all the documentation. I'm going to take pictures and then you're going to have a court date. So, are you down here permanently now? >> No, sir. I'm trying to get the house fixed up. I'm kind of in the middle of >> separating from my wife and I work in Texas. Our house is in Georgia. >> I've only been in Georgia maybe a few weeks this year, but I was planning on going back to Georgia to try to like take care of that. And I was wanting to try to get this fixed up so that I could move now. >> Okay. So, you bought the house in December? >> Yes, sir. >> Been trying to fix it up. >> All right. I'm gonna have to make a decision with my chain of command whether I can just write you an NTA based on the fact that you're telling me you're not going to be here permanently. I want to make sure that you're going to show up for your court appearance. If not, you're going to have what's called FTA, failure to appear and you're going to have a warrant out for your arrest. >> No, you don't have to worry about that. >> I'll be here if you tell me. >> Okay. >> All right. Let's uh let's get this started and then I'll get a uh statement for him. >> Does it not seem odd that he would still be recording >> even after you guys are here? >> Absolutely not. Um I'm going to tell you that animals and birds people are very very protective. So >> more so than even a person that got injured. >> I've already heard him like say two or three things that are just not even remotely close to the truth. Okay, that's fine. >> Well, well, here's the deal. Even if he didn't show up to court, if the state attorney decides to subpoena him based on your you're telling me what has happened after giving you Miranda warnings. >> I mean, it sounds bad enough what I did, right? Like to for him to say that's not true. >> Okay. >> Like really sucks. I haven't taken into account anything that he has said, done, or observed. Okay? This is all going to be based on my experience. >> And even the the Oh, there's more birds. No, there's not. I didn't even the duck >> expired. And he's saying there's two herrings. No, the one like walked off and turned around and came right back. >> Okay. >> Like, >> and him saying, "Oh, there's other birds. Check his truck. I can show you the freezer truck." Okay, we'll we'll take care of that. All right. So, like I said, you're going to get your chance on this. I'm going to interview him and he'll be writing up a statement that he'll swear to under oath. But, if you're going to go ahead and do this, I'm going to give you the pen and go ahead and start writing your version of what happened for me. And then I'll swear you in when you're done here. >> All right, sir. How you doing? I'm Officer Ferguson. Do you have any ID on you? >> I don't have any ID. I just live right here. I mean, I do have ID, but not on me. >> Okay. If you're planning on, do you want to give a witness statement? Are you willing to testify in court? Yes. Okay. Can you get your ID then? >> Yes. >> Okay. >> So, are these misdemeanor or felonies? >> Oh, they're they're misdemeanor. They're not felonies. Yeah. >> When we Googled the blue hour and I was like, looks like it's pretty big deal. >> Yeah. Yeah. So, the big ones are not under the threatened ones, but the smaller like the little blue herand are, believe it or not. So, but the big ones are still protected >> under Yeah. All birds. So, all right. So, I'm going to go >> Yeah. I don't know if he's new to Florida, but like when you live on the ocean, birds are kind of part of your yard. >> Yeah, exactly. That's why part of the reason you live down here, right? Especially on the water. [Music] So, let me get you a witness statement and we'll get you started as well. Hang on. >> All right. Have you got then video of the entire shooting and everything? >> So, here's what happened. >> Okay. >> We just bought this place in like December. We all got flooded. >> I was close with the owners. They sold them. Okay. >> Bought us here. >> I could hear him talking in December about killing birds. And so I knew I was prepared for this. So he shows up yesterday morning. >> Um and I even told Bonnie, the lady that lives on the left over here, I live on the right. I'm like, he seems nice, but I heard him talk about killing birds. I'm going to have a conversation, let him know these birds are protected and tame. >> Yeah. >> Didn't even have a chance. I heard a shot yesterday and I saw him fishing something out of the pool. And I knew right there, these malards, that was a male. There was a male and female. He hasn't been back since before Christmas. So, they were nesting in his backyard. I can just tell. So, all they do is hang out here. I was worried about them. But that's the male that was nesting there. I saw him fishing it out yesterday. At least I thought it looked like a duck. And >> the shot you heard was it from a plet gun. You think? Wasn't a 22, right? >> Did you silencer on it? >> You know, I grew up with guns. It could have easily been a subsonic 22 with a silencer. >> Okay. >> Yes. That's actually it sounded loud like an ice BB gun worse. This is no. He either pumped it up like 30 times or it's a high powered plet gun the single break or 22 subsonic rounds. So he specifically planned in December brought the gun back. We've even been talking about this. I'm like I could see him bringing a gun back here to shoot him. I was bas I predicted he would do this. >> Okay. >> So today I see a heron two of them on his pool. So I I step outside and I hear the loud shot. I see the heron's feathers go up. I work with Seaside Rescue. I help bird rescuers. They're here all the time. Bait fishing, getting the injured birds. He shoots the first heron. It flies off wounded across the way. Okay. >> The second one, there's always two around here. >> The second one, he shoots it dead. It falls into the pool. I have that on video. >> That's not this one right here. >> Yes. >> That's not this one. Or it is this one. >> It is this one. >> This is the second one that wounded. >> The first one's out there wounded. Yes. But it's not the same one. >> Not the same one. 100% sure. And you can't. >> So, how many times has this been shot then? >> One time. One shot. One. And I got it on video. >> Okay. >> One shot. Dropped it dead in his pool. >> So, he claims he shot this bird twice. Once in the wing and then it flew around and then it came back and he shot it in the neck. So, if his story is straight, we're going to have two shots here. One in the neck and the wing. Right. >> I The first one I saw is flew off that way. Now, granted, I was getting my camera out. Okay. But I got the second one. >> But I would be shocked if it looked like to me. And I don't think what I saw he wouldn't turn back around and land just to get shot a second time. This one was standing peacefully off the side of the dropped dead one shot. >> This one doesn't look like it has any damage in the wing. All right. Well, if we got a video, we should be able to identify each of >> each of the birds if it was two different birds or if it was the same bird. All right. So, I'm going to give you to do the witness statement. Fill it out as completely as you can. You've got uh actually, let me give you another one in case you want to write on the back lines on the back here. thought it out as completely as you can and then I'll swear you in under oath and I'll I'll get most of this information up here. >> Okay. >> Like I it's just such that like that's the witness whenever it's not what he's saying. >> Well, so where's the dispute with the one bird or two? Is that the main dispute whether you shot two birds or one? wore that. And I didn't realize about the the duck. I didn't know that was around until he come out and go and all these neighbors. And then >> you didn't pull that duck out of the water, out of the pool. >> Or did you? >> No, >> that duck wasn't in the pool. You didn't pull that duck out of the pool. >> I pulled the hering out. >> Right. But you that duck just all of a sudden appeared there on the right side by itself. >> That seems a little strange, doesn't it? No, I wouldn't have just left it sitting on the side of the house. >> Okay. >> Like the the heron fell in the pool >> like on the second shot. >> Okay. >> And check the video. There wasn't two herand like >> there wasn't anybody else screaming. >> Okay. >> Like it like I >> Okay. >> Like I >> All right. Go ahead and finish that up. Like >> I'm sorry to tell you it was a reckless act by shooting at these birds. Period. More or less what you ended up doing by killing them. All right. All right. Before my camera goes out, do you have access to the back here? >> All right. I'm going to go back there and just do a little filming. Okay. This is apparently where the incident occurred. It's all cleaned up mess. Keep working on that. See my other officer out here. See what his opinion is on it. And there's that one. All right. All right. You got it all done. All right. So, raise your right hand for me. Have you sworn to tell the truth, the whole truth, and nothing but the truth? So, help God. >> Yes. >> All right. All right. Give me a second. Give me a second. >> Just stand stand back here for me. >> You go by Joe. Joe. Jose, what do you go by? >> Joseph. >> Joseph, where's the uh where's that plet gun at? >> Hey, you mind if I come in? >> Yeah, officer said you just bought this house. >> Yeah. >> You got any garbage bags in there? >> A large one? >> Okay, gentlemen. So, we're going to get your gun back. That's something else that has been confiscated, but we're gonna be cooperative again. We're gonna get that. It won't be used. >> Yeah. Again, no matter what. >> Okay. So, we're going to explain what's going to happen here. So, get your signature first for this great blue heron that we're taking into evidence. So, you're just going to need to sign it. And it's just saying that we did take one great blue heron into evidence. You're just acknowledging that we're taking that from your possession. >> Yeah. I mean, it could have gone the other way. We've had people run from us and hide from us, and we don't have much uh empathy for those >> individuals. They end up taking a trip to jail. All right. Here's your license back, Joseph. Okay. Here's your receipt for the property that we took to break Blue Heron. I've got your witness statement. And then you're going to copy any suggestions or anything the birds or the neighbors or whatever. >> Well, I think I mean until you actually are here full time and can, you know, they're going to come back. If you're here a week and then you're gone two weeks, there's nothing to deter them to go away. put up a radio or something like you think >> they see that fresh water man they're going to come get a drink they they see nobody out there to harass them >> like a saltwater pool you think it'll >> it would help >> you don't have a dog >> I I will one >> yeah once you're living here when you're living here they'll it'll help since you're coming and going they're going to they're going to come and go thanks good luck In the end, Joseph was charged with violating the Migratory Bird Treaty Act. He initially plead not guilty, but later pled no contest to the charge. His adjudication was withheld, and he was ordered to pay $500 in cost and fines, which were promptly paid. He did not receive any probation, jail time, or other consequences from this encounter. If you like this video and want to see more like it, subscribe to Arrest Cam. As always, thanks for watching. [Music]