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Local Man Found Guilty Of Killing Rattlesnake

Man Claimed Self-Defense

POSTED: 3:54 p.m. EDT May 1, 2003
UPDATED: 4:05 p.m. EDT May 1, 2003

A Whitmore Lake man was found guilty Wednesday of killing a snake that he said attacked him, according to the Ann Arbor News.

James Galloway, 47, was found guilty of killing an Eastern Massasauga rattlesnake - Michigan's only venomous snake - during an afternoon outing on Aug. 9 with his two sons and their friend at Pickeral Lake in the Pinckney Recreation Area, 15 miles northwest of Ann Arbor, the paper reported.

Galloway contends that he was protecting nearby children and himself. He also said he didn't know it was a crime to kill the snake, the paper reported.

The prosecution presented the frozen, decapitated rattlesnake bagged in plastic as evidence to the six-member jury that convicted Galloway for killing a protected reptile or amphibian without a state permit, according to the paper.

"I'm stunned that the snake had more rights than a human being," Galloway told the paper.

Galloway testified that he was heading up a narrow, sandy path toward his pickup truck when he heard a hissing sound.

He spotted the rattlesnake about six to eight feet away, while a 3-year-old girl and her parents started walking down the path toward him.

Galloway said he told the girl to stop and he grabbed a nearby stick to hold the snake down while the girl and her parents passed.

Galloway then picked up the snake and carried it back to a dock where his sons and their friend were fishing, the paper reported.

A woman nearby contacted DNR from her cell phone when she suspected the snake was an Eastern Massasauga.

Galloway took the snake to a parking lot where he planned to use a shovel to scoop it up and release it into the woods. He said the snake came toward him and feeling threatened, he used the shovel to cut off its head and its rattle, according to the paper.

An expert testified in court that he found Galloway's story unreasonable because the Eastern Massasauga is typically a shy snake that will flee when approached.

Galloway will be sentenced on June 26. The misdemeanor charge carries a maximum penalty of 90 days in jail and a $500 fine.

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