Ferndale man sentenced for killing three grizzlies

A 34-year-old Ferndale man was sentenced to three years of probation, including 60 days in a prerelease center, and a $15,000 fine for shooting three grizzly bears at his residence in Ferndale in spring 2014.

U.S. Magistrate Judge Jeremiah Lynch sentenced Dan Wallen in U.S. District Court in Missoula on May 26 after finding him guilty of three counts of unlawfully taking a threatened species following a bench trial in March.

The maximum fine for each count is six months in jail and a $25,000 fine. Wallen’s sentence is on hold pending notification of appeal. Wallen’s attorney said Wallen intends to appeal.

According to court records, several grizzly bears were reported in residential areas in Ferndale in spring 2014, which caused state wildlife officials to place electric wire around chicken coops and set traps to relocate the bears.

The bears had become habituated to human food sources, including dog food, bird feed, chicken feed and unsecured garbage cans.

The three bears killed by Wallen had attacked several of his chickens the previous night and returned to the chicken coop on the evening of May 27.

When the bears initially returned, Wallen, his wife, children and family friends were outside. They retreated to an area in and around their house, and Wallen used his pickup truck to scare the bears away.

Wallen then told a caretaker at a nearby house that grizzly bears had been killing his chickens. The caretaker saw the grizzlies later that evening near the residence and scared them away by throwing rocks. She said she later heard at least three shots from the direction of Wallen’s residence.

That evening, Wallen shot all three bears when they returned to his residence. At the time, his family and friends were in or around the house, and the bears were headed toward his chickens.

Wallen fired several shots from his .22-caliber rifle at the bears and they ran off. Shortly after Wallen shot the bears, a neighbor discovered one of the bears lying in his driveway and unable to stand due to its injuries.

The neighbor contacted Wallen. Concerned about the bear’s serious injuries, the neighbor shot the bear once with a .300-caliber rifle, which killed it. He then reported to law enforcement that he had shot the bear, and a Montana Fish, Wildlife and Parks bear biologist was notified.

The bear biologist contacted an FWP game warden, who responded to the scene. Wallen admitted he had shot toward the grizzly with a .22 rifle, hoping to scare it away. Wallen did not report shooting at the other two grizzly bears at that time.

On May 28, the bear biologist listened to a cell phone message from Wallen’s wife made on May 27. In the message, she stated they were having problems with grizzly bears killing their chickens.

The bear biologist contacted Wallen’s wife and asked about setting traps to catch the other two grizzlies in the area. The bear biologist went to the Wallen residence to set a trap on May 28 and found another dead grizzly bear in tall grass near where first dead grizzly had been found. Wallen was questioned about the second bear and admitted to firing multiple shots at the three grizzly bears.

On May 29, Wallen confirmed in a recorded interview that the bears had killed a number of his chickens on the night of May 26 and returned to his chicken coop the following evening while his family and friends were in the yard.

Wallen said the bears ignored the children and went to the coop. He twice drove the bears off in his pickup truck, and when the three bears returned again, his family and friends were in or near the house and not in immediate danger from the bears.

Wallen then used his .22 rifle to shoot in the direction of the bears. He said that at the time he shot the bears, his family was behind him near the house. He also acknowledged that he knew the bears were grizzlies when he shot them.

When Wallen testified at trial, he provided a different account of the events than his previous statement. Judge Lynch, however, said Wallen’s testimony about the encounter with the bears was “simply not credible.”

On June 5, law enforcement agents were notified that the decomposed carcass of a third grizzly bear had been found by a neighbor. Based on examination of the carcass, it was determined that the bear had been dead for approximately a week.

Assistant U.S. Attorney Megan Dishong prosecuted the case, which was investigated by U.S. Fish and Wildlife Service.