WAIMEA — ADVERTISING WAIMEA — A German national who killed a Hawaiian nene goose on the Mauna Kea Golf Course earlier this month was ordered to pay $11,000 in fines. South Kohala District Judge Andrew Wilson also sentenced Uwe Dettmar
WAIMEA —
A German national who killed a Hawaiian nene goose on the Mauna Kea Golf Course earlier this month was ordered to pay $11,000 in fines.
South Kohala District Judge Andrew Wilson also sentenced Uwe Dettmar to a year probation and 30 days in jail but suspended the jail time provided Dettmar gets into no further trouble with the law.
The 74-year-old Dettmar pleaded no contest Tuesday to killing the nene, which is an endangered species and Hawaii’s state bird, on Feb. 6.
Afterward, Deputy Prosecutor Britt Bailey said the attack took place on the resort course’s 12th hole while Dettmar was golfing with his wife, Birke. A witness saw Dettmar swing a golf club at the nene, causing feathers to fly. Dettmar then drove a golf cart at the bird. The witness informed security, who called the state Department of Land and Natural Resources.
Although the witness didn’t see the nene killed, a dead nene was taken into evidence, Bailey said.
A German-language interpreter provided translation by telephone from Kauai for Dettmar, who speaks some English, but appeared in court without an attorney and didn’t at first appear to understand the nature of the court proceedings.
“I am not really sure that I killed the animal,” Dettmar said in English at the beginning of the hearing, prompting the first of many advisements by Wilson not to speak to the facts of the case.
“Mr. Dettmar, you should not make any statements until you have spoken to an attorney. That is your right,” the judge said.
Dettmar told the judge he didn’t kill the bird intentionally and added, through the interpreter, “My wife has a fear of geese.”
“The place was full and the geese did not act like normal wild fowl,” Dettmar said. “I am not a hunter. After the second stroke, the geese came at us aggressively.”
When Wilson told Dettmar the maximum penalty for killing the fowl is a year in jail, Dettmar’s wife gasped audibly.
“I cannot sleep since the attack,” Birke Dettmar told the judge. “If you can (bring this to) an end now and we (will) pay everything you want, but let us leave.”
Bailey said Wilson sentenced Dettmar to the maximum statutory fine of $1,000 instead of the minimum $250 because Dettmar showed no remorse. She said the additional $10,000, which is assessed as an administrative fine for each individual of an endangered species that is killed, will go to the state’s revolving wildlife fund.
“This is a really important case for a misdemeanor, a very significant case,” Bailey said afterward. “The nene was tagged and had an ID number, so it was identifiable. It’s a very unfortunate incident that occurred. It’s something you don’t see in court every day and I wish we hadn’t seen it today.”
Bailey said her research found there are about 3,000 nene in existence.
“I’m really happy he received a fairly maximum penalty for the offense that did occur,” she said. “I want to praise the DLNR for their investigation, which allowed us to go into court strong.”
While the case is unusual, it’s not the first time someone was convicted for striking the state bird with a golf club.
A Maui man, Terry Purpus, then 53, was fined $4,000 and ordered to perform 300 hours of community service in 1997 by a Valley Isle judge after he clubbed a nene to death. A six-month jail sentence was suspended.
Email John Burnett at jburnett@hawaiitribune-herald.com.
