Charge Against Woman Who Rescued Squirrels Dismissed On Technicality: Report

HOWELL, NJ -- A Howell Township woman who received a summons from the New Jersey Division of Fish and Wildlife for possessing two squirrels had the charge against her thrown out Wednesday, according to a report.

The Asbury Park Press reported the civil charge again Maria Vaccarella was dismissed because the language on the summons did not match the state statute she was being charged with violating.

The Press report said the summons used a citation that lists penalties for the violation of a different statute, but the ticket said “possession of a game animal.” The correct wording for Vaccarella to have been properly charged would have been possession of “an indigenous animal,” the report said.

In various petitions Vaccarella posted online, she has said she rescued the babies around the Fourth of July last year, when she took in a squirrel that was found lethargic on the ground near her home. The squirrel gave birth the next day to the two babies and then panicked and disappeared, she has said in various petitions seeking support for her cause.

She has said she called wildlife rehabilitators but none could take the babies, and that one instructed her to keep the babies until the weather warmed up.

Wildlife conservation officers investigated the situation in response to a tip from a licensed wildlife rehabilitator, who reported seeing Vaccarella’s photos on Facebook, Bob Considine, spokesman for the state Department of Environmental Protection, which oversees the Division of Fish and Wildlife, said in January.

On Halloween they arrived at Vaccarella’s home and confiscated the squirrels. The summons followed a few weeks later.

The summons was necessary because licensed rehabilitators would have had a valid complaint against the division if they did not follow through, Considine said in January.

Considine told the Asbury Park Press Wednesday: “Ms. Vaccarella obviously had her heart in the right place.” He said she had already had the squirrels for four months when officers went to her home on Halloween. “They kind of became pets and you’re not supposed to have a squirrel as a pet.”

Though various reports claimed Vaccarella would have faced jail and a fine of $1,000, Considine said the maximum civil penalty would have been $500. A guilty plea -- which would have included a dismissal of the charge and court costs -- was rejected by Vaccarella prior to Wednesday’s court date.