GRANBY, CT — Prosecutors have dropped the charge against a Granby man accused of illegally killing a black bear that attacked animals on his property.
Michael Gero, 39, appeared Friday in Superior Court in Torrington, where a prosecutor asked a judge to dismiss the case, according to Connecticut Public.
"The state does not feel it's in the interest of justice to prosecute this case," the prosecutor said in court.
The prosecutor cited Gero's lack of a criminal record, honorable military discharge and earlier attempts to protect his animals without killing the bear. Those efforts included installing electric fencing around the property.
"I'm glad that this is the outcome," Gero told reporters outside the courthouse.
Gero had been charged with illegally taking a black bear after the Sept. 25 encounter. As Patch previously reported, he called the state Department of Energy and Environmental Protection that night and reported shooting a bear that was attacking his chickens.
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Gero told authorities the bear had killed chickens that day and was likely responsible for killing goats on the property several weeks earlier. He later said one of the goats, named Ferdinand, was a family pet.
Gero told WFSB that the bear broke through both an electric fence and a wooden fence before he shot it.
Gero's attorney, Timothy Brignole, argued that the bear posed a continuing danger to Gero's family, pets and animals in the surrounding neighborhood. He also questioned whether goats and chickens raised and named by a family should be treated as pets under state law.
Connecticut's bear law allows someone to kill a bear when the person reasonably believes it is about to seriously injure a person, is attacking a pet or is entering an occupied building.
Property owners may also apply for an agricultural damage permit when bears damage crops, livestock or beehives. DEEP requires applicants to show that reasonable nonlethal measures have been attempted before a permit is issued.
Gero did not have such a permit when he killed the bear. Had the case continued, he could have faced up to 30 days in jail, a fine of up to $500 or both, according to Connecticut Public.
The charge drew widespread criticism after it was announced. WFSB reported that more than 2,200 people commented on its initial Facebook post, with most saying the charge was unfair or questioning the law.
Granby Town Manager Mike Walsh also expressed sympathy for Gero while acknowledging that the situation was complicated.
"It's difficult not to be sympathetic to the plight that the man faced," Walsh told WFSB after the charge was filed.
Walsh said the law should be reviewed and called for additional education from DEEP for communities dealing with similar conflicts.
State Rep. Mark Anderson has also said he wants Connecticut law changed to explicitly allow farmers to use deadly force when necessary to protect livestock and poultry. The dismissal ends Gero's criminal case, but it does not change the restrictions governing when a bear may legally be killed.
Connecticut does not have a bear-hunting season. DEEP says bear killings outside the limited circumstances established by state law remain subject to investigation and possible prosecution.
For more Northern Connecticut news, follow Patch editor Jay Kenney.
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