Game official penalized for killing ducks

By DAN KEGLEY/Staff

A fish hatchery superintendent with the Virginia Department of Game and Inland Fisheries’ was charged Feb. 1 with two counts of killing a mallard duck, according to Smyth County General District Court documents.
VDGIF conservation police officer J.E. Davis charged Aaron Thomas VanArnum, 36, with killing two wild mallard ducks in January “in a manner not permitted by law,” records showed.
Davis wrote in his arrest narrative that following his investigation, he “had cause to believe” VanArnum “did kill a wild mallard duck on 01/21/08 by the use of a prohibited weapon, namely as a .22 caliber rifle in Smyth County,” court papers said.
Records showed VanArnum pled not guilty to the charge, but paid the $100 fine and $10 fees on Feb. 15.
Davis’ second charge narrative is identical in the court papers except for alleging the use of “a motor vehicle.”  The papers hold no indication of a plea to the charge and show VanArnum paid the $100 fine and $71 in fees Feb. 15.
At most, he could have been fined $500 on each charge.
VanArnum’s only legal mistake, DGIF Law Enforcement Supervisor Dabney Watts said, was to use a rifle instead of a shotgun.
The state investigator confirmed VanArnum used a .22-caliber rifle from his home and shot two mallards.
“That was inappropriate action for him to take, and that’s why we charged him,“ Watts said.
VDGIF spokeswoman Julia Dixon said VanArnum “was attempting to do his job protecting trout” raised through all life stages at the Marion Fish Culture Station south of Marion. “He overstepped his bounds using lethal methods. That poor decision is a violation of policy and will be addressed as a personnel matter.”
Hatchery workers often chase away hungry animals, which annually prey on thousands of fish in Virginia hatcheries, DGIF statistics show. Lethal tactics, said Watts, are a DGIF “policy violation.“ So is carrying a personal rifle and hunting on hatchery grounds.
VanArnum avoided charges of illegally hunting on state property.
A shotgun load of loud, sparkling blanks is the DGIF’s preferred method for clearing its hatcheries of predatory birds, dogs and other animals. Such blanks, called poppers, are supposed to create a dazzling, frightening display above the head of any predator.
VanArnum told investigators the shootings happened early in the morning, and that he picked a rifle because it wouldn’t shatter the peace quite like a shotgun, Watts said.
Some private homes are near the hatchery.
An investigation revealed that VanArnum has a current duck-hunting license, and noted the shooting happened during duck season, Watts said.
VanArnum told investigators he was trying to scare the birds, not hit them, Watts said.
VanArnum also told investigators he’d used a rifle several times before, but had always left his targets scared yet intact and healthy, Watts said.
VanArnum faces disciplinary action from his department, Dixon said Thursday. Dixon declined to answer questions about what action the department could take and whether his job is at stake.
“The legal aspect is concluded, and it’s a personnel matter,” Dixon said. “Disciplinary action will follow. I can’t discuss that. It was reported, it was investigated just as we would any wildlife violation.”
Watts also refused to detail any punishment because of personnel confidentiality. “It wasn’t a slap on the wrist, I can tell you that,“ Watts said.
Multiple attempts to contact VanArnum were unsuccessful.

Michael L. Owens, Media General News Service, contributed