A 71-year-old Irvine man was charged Thursday with felony animal cruelty in the death of a duckling that was taken from a community pool and beaten with a plastic recycling bin in front of witnesses.
Another duckling was seriously injured in the May 13 attack at the pool near the intersection of Morena and Segura, where several people were trying to help a Mallard duck mother and her 10 ducklings out of the pool area.
Randall Lee Bertsch yelled at the ducks, then grabbed several out of the water and placed them in a small box, according to Orange County prosecutors. Video showed Bertsch use a blue recycling bin to beat the ducklings trapped inside the box, prosecutors said.
The ducklings were then thrown in the trash. Bertsch threw the bin at the mother duck and other ducklings, the DA’s office said.
He was later arrested at his home and released after posting $20,000 bond.
On Thursday, the district attorney’s office said Bertsch was charged with two felony counts of animal cruelty, three felony counts of attempted animal cruelty, one misdemeanor count of harassment of animals, and five felony enhancements of the personal use of a weapon, a trash bin. Bertsch faces a maximum sentence of seven years and six months in the Orange County Jail if convicted on all counts.
He is wanted on a $50,000 arrest warrant and a court-approved request from prosecutors for increase bail.
Migratory birds, including ducks, are federally protected and cannot be moved or relocated under the federal Migratory Bird Treaty Act of 1918.
“These are gentle creatures who were no threat to anyone or anything and no one will be allowed to inflict such intentional violence on helpless baby animals,” said Orange County District Attorney Todd Spitzer. “The Orange County District Attorney’s Office refuses to tolerate the abuse of animals, and anyone who engages in violence against animals will be prosecuted with the full weight of the law.”