United States Attorney Brendan V. Johnson announced that a Timber Lake, South Dakota, man charged with Unlawful Taking of Migratory Birds pled guilty to the charge and was sentenced on September 7, 2011, by United States District Judge Roberto A. Lange. Barry Hutchinson, age 60, was sentenced to one year of unsupervised probation, a $1,500 fine, $1,500 in restitution, and a $10 special assessment to the Victim Assistance Fund.
During May 2004 and May 2006, Hutchinson worked as a hired hand on a pheasant hunting preserve owned by Donald Sundell, located in Dewey County, South Dakota. Between May 2006 and May 2008, Hutchinson shot at and/or killed hawks in and around the pheasant pens located on the preserve. Hutchinson shot and killed approximately six hawks in an effort to protect the general pheasant population and to protect the pheasants purchased and/or raised for the hunting operation. Hutchinson pled guilty to the charge on September 7, 2011.
The case was investigated by U.S. Fish and Wildlife Services and South Dakota Game, Fish and Parks. Assistant United States Attorney Marie H. Ruettgers prosecuted the case. Hutchinson was released.