Jan 23, 2024 By Mike Jones 3 min read

The North Strabane man accused of killing a bald eagle with a pellet gun in May as it flew in the sky over Mt. Pleasant Township told investigators he thought the bird was a turkey vulture when he shot it, and he is unlikely to face jail time as part of a plea bargain.

Federal prosecutors and the attorney for Rodney Thomas filed a joint stipulation last week that he would agree to plead guilty during his next court appearance Feb. 5 in exchange for a sentence that did not include incarceration but would require him to pay $9,800 in restitution.

Investigators said Thomas, 51, used an air rifle on May 12 to shoot the mature eagle, which was found dead in a field near Waterdam Road a couple miles north of Hickory. A witness saw the bald eagle “drop from the sky” and then noticed a white SUV leaving the area, according to federal court documents. Investigators with Mt. Pleasant Township police and the Pennsylvania Game Commission later released a photograph of the vehicle that was in the area at the time of the shooting.

Upon learning that the Game Commission was searching for him, Thomas contacted investigators and agreed to an interview on May 15 about what occurred. Thomas told investigators that he fired at what he thought was a turkey vulture, only to learn later it was a bald eagle, according to his sentencing memorandum submitted by his attorney.

“I want to take full responsibility. This was a terrible mistake. I swear to God I thought it was a turkey vulture,” Thomas told investigators during his interview, portions of which are included in his sentencing memorandum filed Jan. 16.

The U.S. Fish and Wildlife Service eventually took over the investigation and a federal grand jury in Pittsburgh indicted Thomas on the one misdemeanor count on July 18.

Thomas and his federal public defender, Sarah Levin, apparently struck a deal for him to plead guilty to one count of violating the Bald and Golden Eagle Protection Act ahead of his plea and sentencing hearing in two weeks at the federal courthouse in Pittsburgh. Thomas will also be required to relinquish his air rifle used to kill the bird.

“I can’t teach accountability to my children if I’m not doing it myself,” Thomas told investigators.

As part of the agreement, Assistant U.S. Attorney Gregory Melucci said they would not pursue a sentence that includes prison time, although that will be up to the discretion of U.S. District Judge Christy Criswell Wiegand. The charge carries up to a year in prison, although the recommended guidelines listed in the stipulation suggested Thomas could be sentenced to, at most, half of that time due to his lack of a criminal history.

“Nevertheless, the bald eagle was a fixture in Mt. Pleasant Township, and its loss has left an emotional scar upon its residents. At the hearing, some residents may choose to testify about their appreciation of the eagle,” Melucci wrote in his Jan. 16 sentencing memorandum.

The restitution will be paid to the Pennsylvania Wildlife Rehabilitation and Education Council in Bucks County.

In 2007, bald eagles were removed from the federal Endangered Species Act, which celebrated its 50th anniversary last month. However, the birds are still protected through three other federal acts, which include the Bald and Golden Eagle Protection Act, the Migratory Bird Treaty Act and the Lacey Act, according to both the state Game Commission and the U.S. Fish and Wildlife Service.