An elderly Long Island man sentenced to 30 days in jail for shooting a squirrel in his yard will remain in custody. World War II veteran William W. Thomas was convicted in February of animal cruelty after a neighbor caught him on tape killing the squirrel with a BB gun. According to the accusatory instrument, Mr. Thomas, of East Northport, apparently referring to an ongoing feud with his neighbor, said, “[W]hen Queen Mary stops harassing me, I will leave them alone.”
Newsday reported last month that Mr. Thomas, 81, has been arrested a dozen times in five years for violating the wildlife laws and orders of protection secured by his neighbors. Petitioning for a writ of habeas corpus, Mr. Thomas’ attorney, Thomas J. Lavallee of Hauppauge, argued that the District Court lacked subject matter jurisdiction because his client did not commit a crime. Under 6 NYCRR 2.20, a “properly licensed individual” can kill and “bag” up to six squirrels a day during hunting season, which was when Mr. Thomas shot the squirrel. Hunting without a license is a violation of the Environmental Conservation Law, but not a crime.
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