Landlord Is Fined for Trimming Tree, Killing and Stranding Herons

A Solana Beach landlord who sparked a community uproar by ordering a tree-trimmer to strip a 50-foot eucalyptus, killing or stranding dozens of nesting black-crowned night herons, pleaded guilty Thursday to seven misdemeanor violations.

Under a plea bargain with the district attorney’s office, Bruce Berend was fined $5,000, with $2,500 suspended and $2,500 to go to Project Wildlife. Berend was also ordered to perform 100 hours of volunteer work for Project Wildlife or a similar organization.

Thirty other misdemeanor charges of violating the California Fish and Game Code in the June incident were dropped.

The tree-trimmer, William Kincaid of Superior Tree Service, who was also charged with 37 violations, pleaded guilty to five counts. He was fined $2,500, $1,500 suspended and $1,000 to be paid to Project Wildlife, plus 100 hours of volunteer work.

Both Berend and Kincaid were put on probation for three years.

The case received widespread attention when videotape of the tree-trimming, clearly showing baby herons falling out of the tree, was shown on local television. Neighbors on North Sierra Avenue had vehemently protested Berend’s actions, but were unable to prevent him from cutting the tree.

The next day, 21 birds, four still alive, were found in a bag thrown in a nearby trash bin.

Through his attorney, Robert Grimes, Berend reiterated that he felt it was necessary to cut back the tree because of the mess caused by the birds.

“Mr. Berend felt it was necessary to trim the trees for sanitary reasons, however, he went about it in the wrong way,” Grimes said in a written statement.

Under the Fish and Game Code, it is a misdemeanor to harm the nest or eggs of any bird, and it is unlawful to capture or harm any non-game bird. Berend and Kincaid could have been fined a maximum of $500 and/or six months in prison for each count.

“I think what he (Berend) did was basically the arrogant destruction of wildlife due to his own impatience,” said Deputy Dist. Atty. Kelly Rand. “We didn’t want him to get a slap on the wrist, and we don’t think this is a slap on the wrist.”

Rand said that the probation period was the maximum possible. The suspended fines must be paid if either man violates the Fish and Game Code during the probation period.

“That should be an incentive to keep them out of the trees for a while,” Rand said.

Rand said Kincaid was allowed to bargain for a lessor fine because “Berend claimed responsibility” for the incident.

Lt. Robert Turner, head of the North County office of the DFG, said he was pleased with case’s outcome.

“Any time we can get a conviction in a wildlife violation, I’m pleased,” Turner said. “I think it will deter both the individuals from doing this again, plus I think it will set an example.”

Because of limited manpower, he said, it is difficult for his office to investigate this type of case. When the incident happened, Turner had only one investigating warden, Bruce Walder.

Neighbor Natalie Polselli said Berend’s actions were “blatant” and “cruel.”

“The way I see it, there is no justice, no matter what they fine him or what they do,” Polselli said. “It’s not going to alleviate what happened.”