Gerald Bertagnole was sentenced to 30 days in jail and fined $5,000 for illegally distributing pesticide that poisoned and killed wildlife, including 13 bald and golden eagles, and contaminated the environment.
The 66-year-old sheep rancher was given the sentence by U.S. District Judge David Sam, Tuesday.Sam said he felt "a great deal of harm has been done to wildlife and the environment," but the law restricted him to a lighter sentence. Bertagnole was found guilty of a Class C misdemeanor.
Assistant U.S. Attorney Matt Howell argued in favor of the maximum sentence in order to "send a message to the ranching community," which he said has been slow to hear.
Bertagnole's lawyer said, "The defendant is a decent man. He's just held on too long to an old way of life."
The pesticides, which were designed for use on farm crops, were used by ranchers to lace the meat in animal carcasses near East Canyon Reservoir from Nov. 1991 through March 1992, in an attempt to control coyotes.
However, the poisons were consumed by other scavengers, including eagles, which are protected under the Bald and Golden Eagle Protection Act.
Bertagnole was originally charged with 14 misdemeanor counts of illegal pesticide distribution. However, in a deal approved by Sam, federal officials agreed to drop 13 charges in return for the defendant's guilty plea to one count of illegal pesticide distribution.
Because of Bertagnole's age and physical condition, Sam said he would recommend to the Bureau of Prisons that Bertagnole be held either in Nellis Federal Prison Camp in Las Vegas or some other minimum security facility.