Sechrist Lake resident Teressa provided photos of the swans that graced the lake for years. The mute swan pair were killed Saturday by a member of the Barbee Lakes Property Owners Association who declared the birds a nuisance.

Sechrist Lake residents are speaking out in force about legal ramifications they feel need to be taken against at least one man they say is responsible for the savage killing of two swans. (See original story)

The alleged brutal beating death of a pair of mute swans on Saturday continues to dwell heavy on the hearts of Jack and Rhonda Doyle who witnessed what they say was the unnecessary murder of the swans. Some residents say the birds had made their home on the lake for as many as 9 years and were not the nuisances the DNR declares them to be.

Conservation officers with the Indiana Department of Natural Resources have been investigating the matter since they first learned of it Saturday afternoon. Lt. William Browne, public relations officer for the DNR’s law enforcement division, said, “Emotions need to take a step back. The facts are what we all want to know and the officers investigating it will get those answers.” He assured the officers are well trained and will investigate thoroughly.

Sechrist Lake swan. (Photo provided)

Among the issues the conservation officers dealing with the case must determine is if the man or men responsible for killing the swans violated the regulations of the permit or Indiana’s Administrative Code.

George Hiatt, a part-time resident of Little Barbee Lake and a board member of the Barbee Lakes Property Owners Association, admitted to killing the swans on Sechrist Lake Saturday afternoon. Hiatt and two other men – one believed to have been Chuck Brinkman, who is also a BLPOA board member; the third also believed to be a BLPOA board member – were acting on a permit issued by the DNR to destroy the nuisance birds.

The Doyles both said they are not opposed to mute swan population control efforts, but the brutality of the incident they witnessed should not be tolerated. “We want to see the (Barbee Lakes) property owners association take action against the men responsible for killing these swans,” said Rhonda, who is among a growing number of Barbee Lakes residents who plan to attend the BLPOA’s April 20 meeting.

“They say the swans are aggressive, but when they approached, the male was on the water and just looking at them like ‘What are you doing?'” Rhonda said, reliving the nightmare she said she saw. “They shot it with a pellet gun and it was flapping around in the water obviously hurt but not dead. (Hiatt) got in the kayak, went out and put a rope around (the swan) and pulled it to the boat. That’s when we saw the boat oar and him swinging it up and down.” She added, “The female was trying to get away, but they did the same thing to her. She took off, that’s how aggressive they are.”

Sechrist Lake swan. (Photo provided)

Jack said of the beating, “It was awful. You could hear it hitting over and over.”

Jon Toole, who lives next door to the Doyles, was inside his house taking a nap when he heard Rhonda yelling. Like the Doyles, he said the swans killed Saturday were not aggressive, but he is more upset with what appears to be the DNR’s lack of protocol for the method of euthanizing the swans. “I’m not opposed to population control, but I am opposed to the savagery of how that was done,” he said.

Whether Hiatt violated any DNR protocols is among the many questions at hand.

According to Indiana Administrative Code, the DNR may issue permits to “control a nuisance animal that is: causing damage or threatening to cause damage to property; or posing a health or safety threat to persons or domestic animals.”

Neither the DNR nor residents of Sechrist Lake who have been vocal about the killings can find a complaint that was made against the pair of mute swans that was killed Saturday. Lt. Browne, who said he has been in contact with Conservation Officer Nathan Hooley who is among the officers investigating the incident, relayed the following: “Mr. Hiatt said he knows the birds well and they are known to be aggressive.”

But that, according to several, is simply not true. The Doyles and Toole both said they and their neighbors enjoyed the swans and even interacted with them.

Teressa, who asked that only her first name be used, said, “At almost any given time, I could look out my bedroom or living room window and see our sweeties. They were nearly tame, very trusting and always out in the open because so many of us here enjoyed them. We even hand fed them bread. I’ve lived here on Sechrist almost 9 years. The swans have always been a dash of magic, especially at dusk or in the fog. So serene, beautiful and peaceful.”

In 2006, a similar matter on North Webster’s Backwater Lake had the DNR step in and revoke a permit. At that time, Linnea Petercheff, Indiana Department of Natural Resources operations staff specialist, told The Mail-Journal, the individual’s permit was revoked because, “He was not on or near the person’s property where he had the complaint. We don’t believe the swans were a nuisance at the time he took them.” A total of 10 swans were killed prior to the permit being revoked.

Lt. Browne said the DNR classifies mute swans as “nuisance wildlife” because they are not native to Indiana, they overindulge on vegetation which damages the ecosystem and they are aggressive birds. Up until about 2004, the mute swans were protected by the U.S. Fish and Wildlife Service under the Migratory Bird Treaty Act.

Sechrist Lake swan. (Photo provided)

Another question the DNR will have to answer is if Hiatt was properly trained in taking the swans.

According to 312 IAC 9-10-11, “An animal must be euthanized with the: (A) safest; (B) quickest; and (C) most painless; available method as recommended and approved by the division of fish and wildlife.”

Lt. Browne said an acceptable method of carrying out euthanasia can include clubbing or “stunning.” However, the DNR’s euthanasia methods dictate: “A blow to the head can be used as long as a single sharp blow to the head is delivered to the central skull bone with sufficient force to immediately depress the central nervous system and destroy brain tissue. The blow to the head must be followed immediately by a method that ensures death. Personnel using this method must be properly trained.”

There is no evidence that Hiatt has been “properly trained,” but the DNR also does not clearly define what proper training would involve.

And the questions continue.

After the 2006 incidents on Backwater Lake, the DNR enacted a temporary revision of the law that placed more restrictions on the permits. The temporary injunction required permit applicants to provide the nature of the problem, the exact location of the problem, the method which the birds would be lethally removed, and how many would be removed. Those who were issued permits were also required to notify law enforcement before any swan was killed.

But in 2008, the DNR finalized the law, which removed all of those provisions. Further, Lt. Browne said there is nothing stipulating how many mute swans may be killed under a single permit.

Seemingly, there are two rules that may have been violated Saturday. The first is under 312 IAC 9-10-11 as noted above. The section also notes, “A captive animal must be properly handled in an expeditious manner to prevent unnecessary physical injury.”

Further, the DNR’s own acceptable euthanasia methods note that firearms must be able to deliver “a quick death by a shot to the brain of the animal.” A pellet gun is not an acceptable firearm in accordance with the regulations.

Lt. Browne assured that officer Hooley and Cpl. Ashlee Jackson are investigating the swan killings thoroughly. “We have a complete, heartfelt determination to find the facts,” said Lt. Browne. “We will get the why, how and the purpose of why it was done. Our officers are very good at what they do and I promise we will get answers.”

In the meantime, lake residents of the Barbee Chain of Lakes are calling for the immediate dismissal of Hiatt and Chuck Brinkman – both of whose names appear on the DNR permit – and a third man they believe was also on the boat and present during the killings. “These are not men we want making decisions for us or representing us,” said Rhonda Doyle.

A growing number of Barbee Lakes property owners say they will attend the next BLPOA meeting, scheduled for 8 a.m. Saturday, April 20, to assure their voices are heard. The meeting will be held in the North Webster Community Center.