(cache) Police defend fines for deer rescuers • Top Stories (www.HometownAnnapolis.com

But they didn't, and Col. George Johnson said that's why each man was fined $90.

"If they had stopped immediately and allowed us to do our jobs, this wouldn't have happened. Police have to make unpopular decisions," Johnson said. "But we feel it was the right decision.

James Hart of Halethorpe and Khalilalim Abusakran Jr. of Jessup were cited for not having personal flotation devices aboard their inflatable boat after they tried to rescue the deer Thursday from the Patapsco River in Linthicum.

The incident prompted public outcry after several Baltimore television stations picked up the story.

"We're coming under scrutiny," Sgt. Brian Albert, spokesman for the NRP, said over the weekend. "But it's easy to pay a fine. It's hard to tell these gentlemen's families that they didn't make it because they were trying to help a deer cross the ice."

Around 5 p.m. Thursday, Baltimore County fire and Natural Resources officers were called to the Patapsco River bridge at the Baltimore-Anne Arundel County line because a deer had fallen through the ice and was trapped.

Johnson, a Pasadena resident and former county sheriff, said that's a pretty common occurrence.

"Especially when it comes to deer," he said. "But they're actually very good swimmers, and they can usually get themselves out of these predicaments. Eighty to 90 percent of the time, they get themselves out."

Johnson disputed some news reports that said the deer was pregnant, saying there was no indication that was true.

Hart and Abusakran were on the scene, but officers told them to get off the river because they didn't have the required life jackets, Johnson said. They were apparently throwing rocks in the water in an attempt to break the ice, he said.

"They were told, we're here, we're going to take control of the situation," Johnson said.

But they didn't listen, he said, frustrating the officers.

At that point, Hart and Abusakran apparently got on a rubber raft and headed out into the river.

"The word here is rubber," Johnson said. "Ice and rubber do not go well together. They were told do not launch, do not go out in the boat."

But they ignored the orders again, telling officers they would just have to arrest them, Johnson said.

Once the deer was freed, officers decided to issue citations for not having flotation devices. They could have charged them criminally for disobeying the officers' orders, Johnson said.

"We realize they were trying to do a good thing," he said. "The officers did the appropriate thing. Our officers have a lot of discretion, but when it comes to personal flotation devices, that discretion is taken away."

No one wants to see an innocent animal suffer, Johnson said.

"But I don't think the public has realized that these gentleman were told not once, but twice, to get off the ice," he said.

Neither Hart nor Abusakran, who will appear in court in February, could be reached for comment.

Capt. James Rostek, a spokesman for the county Fire Department, said firefighters probably get about 10 calls every winter for ice rescues. Most of them are for deer.

Rostek cautioned the general public to be careful when trying to help a person or an animal that is trapped in icy water.

"Don't put yourself at risk. Don't make yourself a victim," Rostek said. "Then we'll have two victims instead of one."

abourg@mdgazette.com

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right on, Jack - 2010-12-22 21:27:20

All that time the DNR officers were apparently barking orders...the men had time to switch from throwing rocks in hopes of breaking the ice to launching their boat. If DNR had it so under control, how'd the men beat them in rescuing the deer?

I get the message DNR is trying to relay. But this isn't the way to do it. The story hit all the local channels before the news of the fines. All you had to do was tag your public awareness message on to a feel good story to get the point across. Instead, all you've done is brought bad press to your Department. And no, this article doesn't get DNR out of the bad publicity river. Maybe Hart and Abusakran can help - oh wait, they don't have their life jackets...

unhide Comment hidden due to low ranking. Why is this comment hidden?

Tyler Johnson - Annapolis, MD - Karma: Excellent

something's not right here - 2010-12-22 19:46:46

It didn't occur to me until I read Mr Jameson's post, but what exactly were the DNR personnel and fire people doing while the two citizens were rescuing the deer? Were they just yelling at the men? Apparently they did not have the situation in hand as they told the two men. Otherwise I am sure the two would have stood down.
I think two questions need to be answered by the commander. Why did your officers overreact and give these men $90 fines, and what exactly were your people doing to affect the rescue?

jack hawker - Severna Park, MD - Karma: Excellent

Attempted rescue - 2010-12-22 15:51:12

I'm not taking sides here, however I will mention that I witnessed a similar situation. Some number of years ago, firefighters and/or NRP personnel attempted to rescue a deer that fell through the ice on Spa Creek. For these professionals with stable boats the operation was extremely tricky. Additionally, deer do not view humans as rescuers but as predators. In this case the deer seemed intent on evading the men trying to save it. It's certainly possible the deer would have been better off if it were left to save itself. Ultimately the deer disappeared, likely under the ice.

Nick Lundskow - Annapolis, MD Staff

To George Johnson - 2010-12-22 14:54:00

This is an embarrassment to Maryland and to Anne Arundel County. George, I expected better of you than to make suppositions about what *could* have happened or what *might* have occurred in order to justify your officer's bad action. These men showed heroism when your own men cowered and were too scared to act. Way to embarrass us in front of the entire world, George.

Jim Jameson - Annapolis, MD - Karma: Neutral

Thanks - 2010-12-22 12:32:17

for filling in the rest of the story.

Rick M - Laurel, Md - Karma: Excellent

@Colonel Johnson - 2010-12-22 12:13:56

I said this in a posting to another aticle but I repeat:
Colonel, your men used poor judgement and there's no getting around it. You can dance around the issue of safety and create scenarios of having to notify these men's families as long as you want. It's smoke and mirrors, sir. As mentioned previously, a warning (written or verbal) would have been sufficient. Completely sufficient
As others have said,
"...If these guys were in the water for recreational or commercial purposes I'd say the fines serve them right..."
and,
"I'd have counseled thanking the men for their bravery, but also issuing an oral warning, perhaps a written one if the law allows for one."
These are common sense approaches that recognize the circumstances.
By literally following the 'letter of the law' in martinet fashion your officers look foolish, uncaring, and unaware. The responsibility your officers have should also be accompanied by the ability to recognize extenuating circumstances and apply the laws accordingly. That flexibility was lacking in this instance. As a result, two brave and concerned individuals were wrongfully cited and your organization is under (well deserved) criticsm. DNR needs to "man up" and just admit that an alternative course of action was available and should have been taken.
Stop doing the "safety dance" and issuing statements that seem to assume the readers are too shallow to fathom what really happened here.
Your officers got angry because these two guys didn't obey them right away and, in anger, wrote them up for fines.
You would better serve your agency and it's image by rescinding these fines and letting this issue go it's way.

Dave Moore - Arnold, MD - Karma: Bad