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LAKELAND LEDGER (Florida) 15 July 03 Man Who Killed Alligator Won't Face Trial (Julia Crouse)
Lake Wales: A Lake Wales man who shot an alligator one evening in mid-March will not be prosecuted, the State Attorney's Office has decided.
Alan Goolsby, a retired Lake Wales police officer, was charged with the unlawful possession of an alligator after he shot the reptile, which had walked onto his lakefront property.
Because of extenuating circumstances, the State Attorney's Office won't pursue prosecution, Frank N. Pernas, an assistant state attorney, wrote in the case's dismissal letter, which was sent to Goolsby.
Goolsby could have faced up to 60 days in jail and a $500 fine if he had been found guilty of the second-degree misdemeanor.
The 6-foot-1.5-inch alligator walked more than a quarter of a mile from Lake Easy to where Goolsby lives.
When his dog, Buster, a 101pound Labrador retriever, started barking, Goolsby went outside his home on Lake Easy with his pistol.
He found the alligator hissing and growling at Buster through a 4-foot-high chain-link fence. The reptile whipped around toward Goolsby and hissed when he shone a flashlight on it.
He shot the alligator three times and rushed inside to call the Florida Fish and Wildlife Conservation Commission.
Pernas said Goolsby should have taken the dog inside and called the commission first instead of shooting the alligator.
But because the alligator walked a considerable distance in the early evening seemingly to attack Buster, the state will not prosecute, Pernas said.
Goolsby said he is pleased the state dropped the charge but dismayed that he was placed in the situation.
He said people have no legal protection for defending themselves against the protected reptiles.
"I'm not the first that shouldn't have been charged and I certainly won't be the last," he said. "I think something in the law needs to be changed.
"Apparently the alligator is king," he said.
The incident prompted Gene Strickland, Lakeland's retired city manager, to write a letter of protest to the Florida Fish and Wildlife Conservation Commission.
In the letter, Strickland questioned the commission's policy regarding alligators.
While he doesn't condone the wholesale killing of the reptiles, he asked in the letter what the state requires before an alligator is killed.
"Do you require that a family pet or a 12-year-old boy be killed before you kill the alligator?" he asked.
"Yes, I agree that losing the enforcement criteria will result in some unjustified alligator killings," he said. "However, if this is the only negative result that would save the life of a pet or a child -- so be it."
Gary Morse, spokesman for the fish and wildlife commission, said the commission has no comment on the State Attorney's Office decision. However, it maintains its position on the incident.
He said violence was unnecessary because Goolsby and Buster weren't in any immediate danger.
The shooting occurred during alligators' mating season -- a time when they are the most active, he said.
Morse said the reptiles go on great forages across the land for food, territory and mates once the temperature begins to warm in March.
"The gator was probably just moving through the area at night, got into the corner and felt threatened by the dog," Morse said.
Man Who Killed Alligator Won't Face Trial

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