February 13, 2014 at 1:47 p.m.
UPDATED: Father, son accused of poisoning wild animals
Defendants are set to be sentenced in federal court in May
UPDATED: Father, son accused of poisoning wild animals
Alvin C. Sowinski and his son Paul A. Sowinski are scheduled for sentencing in federal court in Madison on May 14. Each man is expected to plead guilty to a single count of illegal possession of a bald eagle, according to the terms of a plea deal filed this week in the United States District Court for the Western District of Wisconsin in Madison. The charge carries a maximum possible penalty of one year in prison, one year of supervised release and a $100,000 fine.
The sentencing hearing will conclude an investigation that began nearly seven years ago, according to online court documents. In May of 2007, a DNR warden found a dead bald eagle, crow, squirrel and bobcat on the Sowinski property near a deer carcass that the warden suspected contained a poisonous substance. The Sowinski family owns approximately 8,000 acres in Oneida County. Half of the property is used for an active farming operation.
The deer carcass was tested and found to have a pesticide called Carbofuran. The four dead animals found near the deer carcass were also tested. Forensic lab personnel concluded that the animals died as a result of ingesting the pesticide.
Based on the subsequent investigation, prosecutors say Alvin Sowinski was responsible for baiting multiple sites on the property using wildlife carcasses or processed meats mixed with the Carbofuran to attract and kill predatory animals such as bobcats, coyotes, wolves and fishers. The motive, prosecutors say, was to improve the conditions on the property for recreational hunting of pheasants, grouse and deer. Court documents indicate a significant part of the investigation occurred in early 2010. In that time at least nine poisoned bait sites were located on the property and dozens of animal deaths were tied to the pesticides in the sites. Officials were unable to confirm the cause of death for some of the animals located on the property. According to court documents, the remains of two bald eagles and one rough-legged hawk were found near a suspected poisoned bait site from the previous winter of 2009. The forensics lab was unable to confirm the presence of Carbofuran in the bait site or the dead animals. As part of a federal search warrant executed on May 12, 2010, investigators found several dead animals on the Sowinski property. Some were found either on or near bait sites. Others were located in areas not in the immediate vicinity of a bait site. Among the dead animals were three bald eagles, but none of the animals were tested by the forensics lab. Court documents indicate though that the circumstances surrounding the deaths were similar to those of animals found earlier in 2010 that had tested positive for Carbofuran poisoning.
Paul Sowinski, who is a town board supervisor in Sugar Camp, told investigators he was aware his father had been placing poisoned bait sites on the property and wanted him to stop. He acknowledged though that he didn't take any other steps to prevent it from continuing.
Sowinski also admitted that he found a bald eagle, which had been placed on the property by law enforcement as part of its investigation, and burned it in a brush pile because he did not want authorities to find it and he did not want anyone to get into trouble.
Prosecutors say the two men also allowed other hunters and trappers to pursue and kill predatory wildlife on their property. One person they allowed on their property was an undercover DNR officer who recorded conversations with Alvin Sowinski in which he described in detail how he made poisoned bait sites.
"Wisconsin is a special place to live, in large part because of our clean environment and our wildlife," John Vaudreuil, United States Attorney for the Western District of Wisconsin, said in a statement. "The criminal actions of these two defendants - poisoning the land, killing bald eagles and numerous other animals and birds - simply for their own selfish reasons, attack the very core of what this state stands for. Investigating and prosecuting this type of conduct is, and will always be, a high priority for this office and the U.S. Department of Justice."
According to court documents, Alvin Sowinski was licensed through the state to use and apply agricultural pesticides, such as Carbofuran. He admitted to investigators he knew he was misusing the product and was aware of warning labels on the product that read, "This product is toxic to fish, birds and other wildlife. Birds feeding on treated areas may be killed and use of this product for baiting or bait stations is strictly prohibited..."
"Product labels are designed to ensure the safe use and application of pesticides," said Randall Ashe, a special agent in charge of the U.S. Environmental Protection Agency's criminal enforcement program in Wisconsin. "Using pesticides for purposes other than their registered use is illegal and puts people, animals and the environment at risk of exposure. Today's action shows that individuals who misuse these products and kill protected wildlife will be prosecuted."
A judge will still have the authority to impose a fine as high as $100,000 on each of the defendants during sentencing in May, but the two men have already agreed to jointly pay that amount in restitution as part of the plea deal. The money will go toward three different agencies - $42,000 to the U.S. Environmental Protection Agency, $38,000 to the Wisconsin Department of Natural Resources and $20,000 to the U.S. Fish and Wildlife Service. The plea agreement also calls for the defendants' hunting, trapping and fishing privileges to be revoked for a minimum of five years.
Greg Sowinski, president of Sowinski Farms Inc., said the company fully cooperated with authorities during the investigation.
"The individual who acknowledged primary responsibility for the inappropriate predator control practices, Alvin Sowinski, is no longer an officer of the company," he said in a prepared statement. "Our goal is to grow quality produce in the most environmentally responsible way possible. The substance that was the focus of the investigation is not used by Sowinski Farms for any purpose and at no time was the safety of Sowinski Farms' cropland or products affected in any way."
Greg Sowinski said the company is committed to preventing harm to wildlife on its property and has taken proactive steps to reinforce safe practices. He noted that in October 2013 the company voluntarily and successfully met criteria for good agricultural practices from the United States Department of Agriculture. In working with the National Resources Conservation Service, he said the company has incorporated technical expertise into its conservation planning, particularly wildlife preservation.
"Over the coming months, Sowinski Farms will continue to work with appropriate officials to emphasize compliance and best practices for environmental sustainability," Sowinski said.
Kyle Rogers may be reached at [email protected].
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