HONOLULU (CN) - A Washington state man accused of throwing a large rock at an endangered Hawaiian monk seal pleaded not guilty Wednesday in federal court.
Igor Lytvynchuk, 38, of Covington, Washington, appeared before U.S. Magistrate Judge Rom Trader and entered not guilty pleas to two misdemeanor charges, one count each of violating the Endangered Species Act and the Marine Mammal Protection Act.
The case drew national attention after bystander video of the May 5 incident spread rapidly online, showing a man walking along the shoreline near Lahaina, Maui, following the movements of a Hawaiian monk seal known as Lani before picking up a large rock and throwing it toward the animal's head.
The rock narrowly missed the seal's nose, startling it and causing it to rear up out of the water. Witnesses said Lani remained largely immobile for an extended period afterward.
Witnesses confronted the man, who purportedly told them he was rich enough to pay the fines before walking away. The video drew widespread public outrage and prompted a federal investigation.
Lytvynchuk, who owns IL Logistics Inc. and BFI Transport Inc., two Seattle-area trucking companies, was arrested May 13 near Seattle by special agents with the National Oceanic and Atmospheric Administration. He made his first court appearance the following day in U.S. District Court in Seattle, where a judge released him on bond and ordered him to surrender his passport. A Washington federal judge later transferred the case to Hawaii.
A federal grand jury subsequently returned an indictment, elevating the case beyond the original criminal complaint.
His attorney, Myles Breiner, who was not in court Wednesday, has said Lytvynchuk had no intention of harming the seal and believed he was trying to protect sea turtles he saw resting on nearby rocks.
"He wanted to scare the seal away from the honu he saw there," Breiner told reporters earlier this month. "He never intended to injure the monk seal."
Breiner has also said Lytvynchuk was unaware Hawaiian monk seals are federally protected, and that his client was influenced by prior encounters with aggressive sea lions while fishing in Washington state.
On Wednesday, Trader accepted Lytvynchuk's consent to have his case tried before a magistrate judge rather than a federal judge, a procedural step the judge walked through on the record while confirming Lytvynchuk understood he was giving up his right to trial before a federal court.
Trader then turned to release conditions. The government did not seek detention, and both sides agreed to the pretrial services recommendation. Trader ordered Lytvynchuk released on an unsecured $25,000 bond and barred him from visiting any beaches while in Hawaii.
"You are not permitted to access or frequent any beaches, nor shall you approach or attempt to approach any marine wildlife while in the District of Hawaii," Trader said. "That means if you are back here for court appearances, you are not to go to the beach while you are in Hawaii."
Defense attorney Sean Fitzsimmons told the court the defense intends to produce an expert report but will need more time given how recently the incident occurred.
If convicted, Lytvynchuk faces up to one year in prison on each count, a fine of up to $50,000 under the Endangered Species Act, a fine of up to $20,000 under the Marine Mammal Protection Act, and a term of supervised release.
Hawaiian monk seals are among the world's rarest marine mammals, with an estimated 1,600 remaining in the wild. Lani, the seal involved in the incident, is well known in Lahaina, where residents and wildlife officials closely monitor the animal.
The case is prosecuted by Assistant U.S. Attorney Michael Nammar. Lytvynchuk is represented by Breiner, Fitzsimmons and Andrew Strand.
Source: Courthouse News Service
