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TIMES-DISPATCH (Richmond, Virginia) 10 July 05 'Darth Gator' killer in limbo - Man hasn't heard if he'll face charges in the death of reptile (Mark Holmberg)
A week after a reptile slaying in Chesterfield County, it remains unclear whether the fisherman who reportedly clubbed it to death will feel the bite of the Endangered Species Act.
Max Belle, the angler in question, hasn't even been told by federal game officials if the deceased reptile was indeed on the protected-species list, said his lawyer, David Baugh.
"If the government takes this long to determine whether or not it is a protected species, I wonder why they would expect a common, ordinary citizen to make this differentiation," Baugh said Friday.
"How is someone supposed to know the difference between a protected, endangered reptile and a threatening, nuisance reptile?" Baugh added.
A spokeswoman for the U.S. Fish and Wildlife Service could not be reached Friday. The maximum potential penalty: a year in prison and a $100,000 fine.
Belle, reached yesterday, had no comment.
He, like Baugh, lives on the Falling Creek Reservoir, which is shared by Richmond and Chesterfield. The waterway has seen some recent drama because of damage by the remnants of Tropical Storm Gaston and sewer-pipe problems.
The befuddling appearance of the 44-inch, 9-pound mystery reptile - alligator, caiman or crocodile? - provided the latest excitement.
"I've been looking for it, kind of hoping I'd see it," said Paula Moore, who lives on Falling Creek Reservoir with her family.
News of Falling Creek's mini-Nessie - "Darth Gator," some called it - spread quickly.
It was believed that it had been someone's pet, as alligators generally don't travel north of North Carolina. Anyone with information about the creature is asked to call Crime Solvers.
There was some concern that the reptile might bite someone or consume small pets, despite published assurances from one of the state's top reptile experts that it posed no threat "unless you do something really stupid."
Attempts to capture the creature were unsuccessful until last Sunday evening.
Reportedly, Belle hooked it while fishing from his boat. He didn't have a cell phone, so he reportedly yelled for help in collaring the critter sought by game officials.
The reptile took its hooking personally and thrashed and snapped with some vigor, which reportedly prompted Belle to apply a paddle to its scaly body. Police have said it appeared to have been clubbed to death.
It is widely believed that the reptile would not have survived a winter in the reservoir.
"I was worried about the cold weather killing him," Moore said. She had hoped it would be trapped and relocated.
"It's a pity," she said. "He was one of God's creatures - he didn't do anything wrong."
While saddened about the death, Moore stopped short of bad-mouthing Belle. "I wasn't there. I don't know what his intentions were."
Man hasn't heard if he'll face charges in the death of reptile

TIMES-DISPATCH (Richmond, Virginia) 22 July 05 Alleged gator killer faces charges - Animal he's accused of clubbing to death a 'threatened species' (Julian Walker)
The South Richmond fisherman who this month allegedly killed a reptile that had been lurking in Chesterfield County's Falling Creek Reservoir will face charges, according to federal wildlife officials.
A U.S. Fish and Wildlife Service spokeswoman said yesterday that the creature has been identified as an American alligator, which is a "threatened species" protected by the Endangered Species Act.
"We have referred the case to the U.S. Attorney's Office in Richmond, and [criminal] charges have been filed," agency spokeswoman Diana Weaver said.
Officials with the U.S. Attorney's Office would not say yesterday whether charges had been filed.
Weaver said the fisherman faces a misdemeanor charge that carries a $300 fine and a $50 court fee if he is convicted.
The maximum possible penalty for killing a protected species is a $100,000 fine, a one-year prison term and forfeiture of any equipment used while the animal was killed, she said.
David P. Baugh, attorney for the angler he identified as Max Belle, said yesterday that neither he nor his client had been given notice that charges were forthcoming.
Baugh, who like Belle lives along the reservoir that is bordered by Richmond on the north and Chesterfield on the south, said area inhabitants are happy the creature is gone.
"I have information from many of my neighbors, and they are supportive of Mr. Belle, and next time they will ask the [U.S. Department of Agriculture] to hire Mr. Belle to come catch the alligator," he said.
Belle hooked the gator while fishing the reservoir the evening of July 3.
On the water without a cell phone to call for help, Belle allegedly used an oar to club the 44-inch-long, 9-pound creature into submission and ended up killing it.
The gator was first sighted on the reservoir in May.
USDA officials set traps in an unsuccessful effort to catch the creature alive and relocate it.
After it was killed, the creature's carcass was shipped to a U.S. Fish and Wildlife Service forensics laboratory in Oregon for identification.
More recently, the animal remains were examined by local reptile expert Joseph Mitchell, an ecologist associated with the University of Richmond who concurred with the findings that the creature was an American alligator.
Because those types of gators are not native to Virginia, Mitchell and other animal experts theorized that it was likely a house pet that outgrew its welcome.
The death of the creature could have been prevented if laws prohibiting the ownership of such exotic pets had been followed, he said.
Likewise, Baugh said the gator's death could have been avoided if it had not been released into the wild, which he compared to pouring chemicals into a major waterway.
Calling his client a "responsible sportsman," the attorney said it is unreasonable to expect his client to immediately recognize that a menacing creature is a protected species if it took the government several weeks to identify it.
Alleged gator killer faces charges