NOTE (Friday, July 15, 2022): This is an extended version of a story first reported Friday, July 8, 2022.

=====

Following a nearly two-month investigation, the Department of Energy and Environmental Protection’s (DEEP) Environmental Conservation (EnCon) Police announced on July 8 that no charges will be filed in the shooting of a black bear known locally as Bobbi the Bear.

On May 12, EnCon Police and Newtown Police responded to a report of a Newtown homeowner who had shot a black bear. The shooting by Lawrence Clarke left a pair of three- to four-month-old bear cubs orphaned. After several days and public pressure to take them to a rehabilitator, the cubs were tranquilized, captured, and taken to Kilham Bear Center in New Hampshire, where they were named Indra and Izzy.

The goal of the bear center is to eventually release them back into the wild when they are older.

A press release from DEEP stated that following a comprehensive investigation, and coordination with Newtown Police Department and the Geographical Area (GA) #3 State’s Attorney’s Office in Danbury, officers concluded their investigation into the killing of the bear known by DEEP Wildlife Division as bear #217. Based upon the facts of the investigation, the State’s Attorney’s office concluded there is insufficient evidence to bring criminal charges against Clarke.

Investigation Details

According to an incident report on the shooting, DEEP investigators were dispatched to Clarke’s residence at 11:12 am, Thursday, May 12, on the report of a black bear shooting.

A Ridgefield Police Department sergeant, Clarke told investigators that he had shot the bear, and the investigator noticed he had blood on his arms, legs, and stomach. Clarke said he was not injured and the blood was from the bear.

Clarke told investigators that the shooting was a culmination of several days of run-ins with the bear, beginning the morning of Tuesday, May 10, when he noticed one of his hens on his back deck, and when he went to check on his chicken coop it had been tipped over and he was missing three chickens. Within an hour, Clarke saw a large black bear back at the coop. He ran outside and yelled at the bear, causing it to run into the woods.

Following that incident, Clarke told investigators that the bear was “circling the south side” of his property. He said he left the bear alone until it re-entered his property and went toward the coop.

Clarke reportedly then went inside to get a starter pistol and fired it twice in the air, but the bear did not leave. Clarke yelled at it again and the bear then returned to the woods. Clarke said he called DEEP who recommended that he get an electric fence to protect the chicken coop; Clarke went and bought one, but was unable to set it up because the fence “requires three days to charge.”

Clarke told investigators that later, while repairing the coop, the bear began to approach the coop again. Clarke went to get a starter pistol and fired it twice in the air, but the bear did not leave. Clarke began yelling and approached the bear, which retreated into the woods.

Clarke said that two days later, on May 12, at approximately 9 am, Clarke’s son and his three-year-old grandson were outside in the front lawn, with the grandson playing with a toy dump truck by a trampoline. He said that his son and grandson spotted the bear, who was “looking at his grandson and not the chicken coop,” states the report.

Clarke’s son yelled at the bear and grabbed Clarke’s grandson, and Clarke said the bear huffed and stomped on the ground. Clarke’s son ran indoors with the grandson.

Clarke said that over the next hour, the bear kept “returning to the coop and pawing at it,” and Clarke continued to go outside and yell at it, causing it to run into the woods.

Clarke told investigators the bear returned again and was “on its hind feet, with its paws on top of the chicken coop, attempting to pull it over.” Clarke went back into his house and retrieved his AR-15 rifle, and yelled at the bear, causing it to slowly walk away.

Clarke said the bear was 20 feet away from him and “huffing and pouncing on the ground.” Clarke shot the bear one time, hitting it in the head.

Clarke said after the first shot, the bear was still alive and that he “felt horrible,” and he could not “watch the bear suffer.” He walked closer and fired “seven or eight more rounds” until it died.

Clarke then had his wife call DEEP.

The investigator states towards the end of the report that he believes “Clarke killed the bear in defense of himself and his agricultural property.”

“Clarke should not be subject to any criminal charges,” states the report.

The report also notes that on Friday, May 6, a “bear matching the same description was involved in multiple nuisance wildlife calls to Newtown Police Department, resulting in a follow-up assistance request to DEEP conservation officers.

The press release released July 8 states that in coordination with the Danbury State’s Attorney’s office, DEEP EnCon Police reviewed the historical reports of bear #217. Since 2017, bear #217 was captured in Waterbury, tagged, and relocated on two separate occasions because it was showing signs of habituation.

Following its relocation, it had over 175 documented human interactions, most occurring in the Southbury, Redding, and Newtown areas. Based on bear #217’s behavior and frequent interactions with humans it was considered a “habituated” and “food-conditioned” bear, meaning it had lost its fear of humans and had learned to associate humans with sources of food.

Pursuant to Connecticut statutes, it is a crime to kill a bear. However, there are exceptions when a person fears for their safety, and farmers can utilize lethal force to protect livestock. When a bear is killed, Environmental Conservation Police investigate. It is the state’s attorney’s duty to determine if a chargeable criminal offense has occurred. DEEP stated that the state’s attorney’s office only files charges if there is “sufficient evidence for a specific charge beyond a reasonable doubt.”

The press release states that, “due to the increase of human-bear conflicts and bears breaking into homes, further legislative clarity is needed to address bear-related incidents. For example, DEEP has proposed legislation for multiple years that, if passed, would ban the feeding of bears.”

It goes on to further state that “the habituation of bears is dangerous for both bears and people. Habituated bears that find a food “reward,” such as a bird feeder, garbage can, or any other human-associated food quickly become food-conditioned and pose a greater risk to public safety and often cause damage to houses, cars, pets, and livestock. When bears associate people, pets, or livestock with sources of food, bear and human conflicts are more likely to increase. Please do your part to help keep both bears and people safe by never feeding bears, intentionally or unintentionally.”

A Tragic Event

First Selectman Dan Rosenthal said the whole event was “tragic, no two ways about it.” Rosenthal said he was “not going to second-guess” the DEEP investigators, but felt that Connecticut could “do a better job of protecting its wildlife.”

“We could better define the use of force around animals,” said Rosenthal. “I think that’s the only thing we can do.”

Rosenthal said he was thankful that for the cubs, at least, there was a happy ending at Kilham Bear Center.

“Though that’s obviously not going to bring Bobbi back, my main concern was the bear cubs and that they’re taken care of,” said Rosenthal.

Rosenthal said that residents also need to “follow all protocols around bears.”

“If a bear acclimates to humans, that doesn’t lead to good circumstances for the bear,” said Rosenthal.

‘Highly Disappointed,’ ‘Disgusted’

Rep Raghib Allie-Brennan (D-2), one of the Connecticut congressmen who advocated for the capture and rehabilitation of Bobbi’s two cubs following the shooting, said he “speaks for the surrounding community” when he says he’s “highly disappointed with DEEP.”

“[Clarke] had free-range chickens on his property and was close to bear and coyote habitat,” said Allie-Brennan. “It’s his job to protect his chickens and he failed to do so.”

Allie-Brennan said that Clarke, as an officer of the law, did not seem to know the “proper protocols” around bears. Allie-Brennan also expressed frustration that DEEP “did not intervene sooner.”

Noting that as a lawmaker, he’s held to a higher standard, he felt that law enforcement officers “should be held to a higher standard as well.”

“The bottom line is that pursuant to law, it’s a crime to kill a bear,” said Allie-Brennan. “I’m frustrated and disappointed with DEEP’s handling of this.”

Allie-Brennan said he intends to “remain loud.”

“Bobbi will not die in vain,” Allie-Brennan vowed.

Intending to bring forward new legislation concerning bears, Allie-Brennan wants to “humanely reduce conflicts” between people and bears.

Laura Simon of Connecticut Wildlife Rehabilitation Center said her organization was “disgusted with this outcome.”

“A man killed a bear tragically and unnecessarily over chickens,” said Simon. “That was no excuse to kill the bear and orphan the cubs. This police officer knew better; I’m not buying that he did it for his safety.”

Simon said Bobbi had “no history of aggression” towards humans.

“Whether it was habituated or not, she didn’t deserve to die,” said Simon. “Our organization is outraged about this decision, along with DEEP’s response.”

Simon said that a number of local wildlife groups have formed a coalition to protect bears “in the wake of such irresponsible bear killings and insufficient agency response.” The coalition has set up a website at CTBears.org.

For more information on living with black bears, and how to minimize the likelihood of a conflict with a bear, visit portal.ct.gov/DEEP/Wildlife/Bears/The-Basics-of-Living-with-Black-Bears.

=====

Associate Editor Jim Taylor can be reached at jim@thebee.com.