Man accused of running over ducklings with Hummer didn't know he struck anything, his lawyer says
A man accused of deliberately running over four ducklings with a Hummer on Monday night in a McDonald's parking lot in Ann Arbor had no idea he hit anything and that's what he told police, his attorney said this afternoon.
Dillon Robert Pearce, 19, of Ann Arbor is charged with killing an animal. His attorney, David Nacht, said he's confident it was an accident and plans to take the case to trial.
Dillon Pearce
"The notion that it is intentional is ridiculous."
Pearce, who is out on bail after being arraigned Tuesday, declined to comment when reached by phone this afternoon.
Ann Arbor police said Pearce deliberately ran over the ducklings in the parking lot of the McDonald's at 2675 Plymouth Road, where he initially stopped to pick up food at 6:15 p.m. Monday.
Police said Pearce stopped at the drive-thru, when one of his friends got out and attempted to pick up a duckling. A duck and at least 8 ducklings had been walking in the lot, police said.
Employees yelled at the man to stop, police said. The man got back into the Hummer, which left the parking lot, pulling into an adjacent lot for about 15 minutes while the men ate their food, police said. Witnesses told police that the Hummer then returned to the lot and ran over the ducklings, police said. The Hummer left the parking lot without stopping, police said.
Nacht said when Pearce and the other two men in the Hummer first stopped at McDonald's, they told restaurant employees that there were ducks in the parking lot and they needed to do something about it.
Pearce stopped by the McDonald's a second time to purchase more food, Nacht said. Asked why his client allegedly didn't stop after the accident, Nacht said, "he was driving a Hummer, and he had no reason to believe he had struck anything."
Pearce has attended some college and is working toward becoming a professional hockey player, Nacht said.
"My client is a good guy from a supportive, positive family and he will get through this and he is disturbed that people might wrongly think that he would be the type of person that would intentionally run over a duck," Nacht said. "It's just ludicrous."
A preliminary hearing is scheduled for May 4. If convicted of the felony charge, Pearce faces up to four years in prison.
Lee Higgins covers crime and courts for AnnArbor.com. He can be reached by phone at (734) 623-2527 and email at leehiggins@annarbor.com.
Comments
Roadman
Fri, Apr 29, 2011 : 9:38 p.m.
I hope annarbor.com covers the preliminary examination on Wednesday.
Ash
Thu, Apr 28, 2011 : 10:14 p.m.
@little bird. The link you post is interesting. The car ends up in the water, with all doors locked and the dog inside. According to that linked story, first the mom says that she got out of the car while it was still in the water. However, her clothes were dry and her story did not hold up. So, she changed it and she said that she left the car before it rolled into the water. However, all the doors were locked and the dog had to be rescued by using a hammer to break the window. If you are getting out of a car so as not to drown, how do the doors then get locked? Very odd indeed. It seems that this family has strange bad luck with cars and animals.
Roadman
Fri, Apr 29, 2011 : 5:15 p.m.
She had an expired driver license as well.
little bird
Thu, Apr 28, 2011 : 9:25 p.m.
This family clearly hates animals.
little bird
Thu, Apr 28, 2011 : 9:24 p.m.
<a href="http://www.mlive.com/news/ann-arbor/index.ssf/2008/10/dog_saved_from_sunken_car_in_a.html" rel='nofollow'>http://www.mlive.com/news/ann-arbor/index.ssf/2008/10/dog_saved_from_sunken_car_in_a.html</a> Hmmmmm......
bulldog01
Thu, Apr 28, 2011 : 8:08 p.m.
What??? He didn't know he hit anything??? He knew the ducks where there from his first visit and should have been watching for them on the 2nd visit. It is not just about killing ducks, it is about the kid's life in general. Cop cars, ducks and who knows what else there is!!! Disgusting in general.
jrtluvr1959
Thu, Apr 28, 2011 : 7:26 p.m.
Awwww, he looks so sad. Too bad! He got into trouble last year but not charged? How's that?
Roadman
Fri, Apr 29, 2011 : 5:16 p.m.
Right the incident was caught on tape but charges were dropped. Did he cooperate with police?
Sallyxyz
Thu, Apr 28, 2011 : 7:12 p.m.
This 19 year old is too young to be driving a behemoth vehicle such as a Hummer. With his criminal record, as indicated by several other posters, this kid needs a lesson in cruelty against animals and general thuggery. Hope he serves some time behind bars for this.
FredMax
Thu, Apr 28, 2011 : 5:32 p.m.
Clearly the legal battle is turning out to be whether the act was intentional. Fortunately Dillon's privacy wasn't invaded by any pesky surveilance cameras; otherwise is might be much clearer as to whether the vehicle/duckling closing trajectory had any steering corrections.
Blue
Thu, Apr 28, 2011 : 5:10 p.m.
This attorney and his client insult the intelligence of almost every reader here. Shame on you both! This ugly little incident is going to follow this kid no matter where he goes. Lying on top of it is just showing more clearly who he really is. And we all know attorneys will say anything they're paid to say.
Roadman
Fri, Apr 29, 2011 : 5:20 p.m.
There is a fine line in taking the stand to testify you did not intend to kill the ducklings when you did ,in fact, have the intent and not testifying at all but having your attorney argue that the prosecution has failed to meet thir burden of proving the requisite intent. The first scenario is perjury, the second is leaving the prosecution to its proofs.
Moscow On The Huron
Thu, Apr 28, 2011 : 5:32 p.m.
I believe it is the responsibility of the attorney to defend his client using the defense his client wishes to present, regardless of whether he believes it. Another way to think of it is that a defense attorney is not necessarily a representative of the defendant as a person, he is a representative of the defendant's case.
Terry Calhoun
Thu, Apr 28, 2011 : 4:14 p.m.
I hear that one of the survivors is now taking Special Forces training and will be back: <a href="http://www.youtube.com/watch?v=hiy7mHFnU1Y&feature=player_embedded" rel='nofollow'>http://www.youtube.com/watch?v=hiy7mHFnU1Y&feature=player_embedded</a> - possibly with its own dHummer.
Roadman
Thu, Apr 28, 2011 : 4:07 p.m.
The John Parker post claiming to be a witness to the incident has been deleted. Why?
Krusty
Thu, Apr 28, 2011 : 4:05 p.m.
Go to the Washtenaw County Courts on-line to see the number of moving violations and weed possession convictions he has had since 2009 (which is probably when he turned 18 and it became public record). This is not an isolated or random occurence. Up to now, the lawyers and parents have helped him avoid any serious penalties.
Roadman
Fri, Apr 29, 2011 : 5:22 p.m.
The annarbor.com staff should follow up on these past indiscretions.
Goofus
Thu, Apr 28, 2011 : 11:21 p.m.
Two marijuana possessions as well? Coupled with the "alleged" feces-in-the-cop car incident, this alleged suspect is, allegedly, something of a menace to society among Ann Arbor's upper crust scions.
genericreg
Thu, Apr 28, 2011 : 5:59 p.m.
2 over 60 in 35 zone
Moscow On The Huron
Thu, Apr 28, 2011 : 5:13 p.m.
Good catch, Krusty. Especially interesting is the nature and date of the most recent charge.
aawolve
Thu, Apr 28, 2011 : 2:51 p.m.
I drive a 2001 Impala, what sized animals am I allowed to run over without noticing? Like baby-sized, or smaller than that?
Ray
Thu, Apr 28, 2011 : 2:48 p.m.
Ok Top Cat I'll call you naive. What if your dog or cat got in this guys way and he ran them over or maybe you were walking across the McDonald's parking lot at the wrong time. I guess these things just happen when your driving a Hummer. He better hope I'm not on the the jury for this one.
Jessica
Thu, Apr 28, 2011 : 5:42 a.m.
Guess he decided he wasn't killing the environment fast enough with his Hummer.
AceDeuce
Thu, Apr 28, 2011 : 4:16 a.m.
Just saying this was an accident doesn't dissolve the situation. I don't know the guy, I don't know if he's being honest or not. All I'm saying is, if he doesn't realize that he's running over little ducklings, would he notice if it was a toddler? I know a little 2 year old is definitely bigger than a duckling, but whether he did it on purpose or not, he was either showing that he isn't a good driver, or that he takes pleasure in killing little ducklings. I don't know exactly what happened, but the driver and the passengers are still at fault.
a2citizen
Thu, Apr 28, 2011 : 3:37 a.m.
If found not guilty I certainly hope the young man uses this experience as motivation to lead a better life. Unfortunately, if convicted, he cannot be shot at the quack of dawn.
Kai Petainen
Thu, Apr 28, 2011 : 3:25 a.m.
Detroit Free Press is talking about 64 people dead from tornadoes. Toronto Star is talking about how Canadians are more interested in the Canadian election than the royal wedding. Ann Arbor is talking about some dead ducks.
Chip Reed
Thu, Apr 28, 2011 : 12:36 p.m.
Of course, tornadoes are news, but what do they say about the human condition?
pbehjatnia
Thu, Apr 28, 2011 : 2:38 a.m.
aa.com: in re 'john parker': i thought all caps and presumptions if guilt or innocence were against guidelines?
pbehjatnia
Thu, Apr 28, 2011 : 3:11 p.m.
or just do a lawyerly: if the alleged perpetrator did commit.... then.... seriously.
Macabre Sunset
Thu, Apr 28, 2011 : 5:22 a.m.
Sometimes they lack consistency. It depends on who's watching the show for that time period, and probably mood as well. It's really bad on weekend nights when an outside company handles the deleting. I wonder if we'd have better luck if we remembered Ana Gasteyer's character on The Good Wife, and prefaced every paragraph with, "in my opinion..." In my opinion... John Parker's testimony had some serious logical flaws.
Roadman
Thu, Apr 28, 2011 : 2:45 a.m.
annarbor.com could not delete what has been a great news scoop. John Parker has becomes Dillon Pearce's response to O.J.'s Kato Kaelin.
jcj
Thu, Apr 28, 2011 : 1:58 a.m.
I hate to even comment on this story. At this time there are 148 comments on this story and a meager 15 or so comments on a story about a 19 year old South Lyon man that was killed in Afghanistan! Get your HEADS on straight people!
jcj
Thu, Apr 28, 2011 : 9:57 p.m.
@aawolve Excuse me for not getting back to you sooner but I had better things to do! The bottom line is every body and their brother takes time to weigh in on this. But won't give a second thought to more grave situations. Many have already convicted this young man or ANYONE that might harm an animal. But those same self righteous judges would never convict an illegal alien without due process! I know how the internet works! It brings out every nut case that can almost spell!
aawolve
Thu, Apr 28, 2011 : 2:47 p.m.
The number of comments has nothing to do with the gravity of the situation, it's controversy that creates debate. The vast majority of people agree that the death of the MI soldier is tragic, so there's less to be said about it. Are we getting closer to an understanding of how the internet works?
Roadman
Thu, Apr 28, 2011 : 2:42 a.m.
Ducks Unlimited would be very proud, though. Check out their website at <a href="http://www.ducks.org" rel='nofollow'>www.ducks.org</a>
treetowncartel
Thu, Apr 28, 2011 : 1:53 a.m.
I watched a pigeon get runover at an intersecton in Detroit by a driver making a right hand turn. The driver had no clue. One of the most disgusting sights I have seen though.
Roadman
Thu, Apr 28, 2011 : 2:48 a.m.
If Dillon Pearce did this in Detroit, he would get a careless driving ticket and plea it down to an impeding traffic zero-point offense in Detroit's 36th District Court.
BeastofEngland
Thu, Apr 28, 2011 : 1:45 a.m.
A senior prank gone wrong? What was the prank originally supposed to be? Seems like the only thing that went wrong was getting caught. Considering the facts that have come out about this along with his prior offense of smearing feces on a cop car, it doesn't seem terribly out of character. It'll be interesting to see how this goes forward.
RunsWithScissors
Thu, Apr 28, 2011 : 1:42 a.m.
IF this young man is found guilty of the charges brought against him, then part of his punishment should be the reading out loud every single one of these posts relating to this issue (yes, even the "A comment that violated..... " posts) at a public forum. Tickets for this forum could be sold - with all the proceeds going toward a local wild fowl charity/cause/etc. In another article someone commented that this story and its posters have created the contemporary equivalent of a pillory. I say, "What's wrong with that?" IF, of course, the young man is found guilty of crumbling quackers. And one more silly thing before I leave: Why did the chicken cross the road? To prove to the ducklings that it could be done.
treetowncartel
Thu, Apr 28, 2011 : 1:31 a.m.
Interview goes like this. Lawyer: Hello again, you do know that unless you knew those ducks were there you can't. Suspect: I thought they had left the parking lot, I even waited around to give them time. Lawyer: Ok, have you told anyone else anything diferent? Suspect: No Lawyer: Make sure you don't talk about this with anyone else, ok?
Kai Petainen
Thu, Apr 28, 2011 : 1:11 a.m.
Quackgate. What you think happened, or you saw happened, may not have happened. A murder might be a suicide, a suicide might be a murder. Don't spend more resources on this Ann Arbor, let's move beyond this incident. Can he really get a fair (fair is fowl and fowl is fair) trial in Ann Arbor?
Roadman
Thu, Apr 28, 2011 : 12:22 a.m.
What I have not heard argued is what if the felony charge is some kind of unfair "payback" by the AAPD due to Dillon Pearce previously making fools of local police by vandalizing their squad car and getting off scot-free. If we believe that John Parker is credible and correct, then Pearce may have a good shot at getting acquitted as Parker's testimony may be the reasonable doubt needed for a not guilty verdict. The police spokesman initially made a public statement that the duckling killings were intentional - but did not indicate there were confessions or other cogent evidence of guilt of this heinous felony. Why did the AAPD choose to issue a press release regarding this case and thrust it into the public eye? This case has been reported in the Freep and other media outlets and may go national. The police version of events has led to literally hundreds of angry comments against Pearce herein. The public should keep an open mind - as I am - and wait for both sides of the story to unfold.
Roadman
Thu, Apr 28, 2011 : 2:50 a.m.
No, but until we see what the AAPD has as proof of intent, we should not be eager to crucify the young fellow in the media.
lynel
Thu, Apr 28, 2011 : 1:09 a.m.
oh, so now we're going to blame the AAPD for this fiasco?
Arboriginal
Wed, Apr 27, 2011 : 11:45 p.m.
Too bad this kid has a history of questionable acts.
wlinsenbigler
Wed, Apr 27, 2011 : 11:21 p.m.
Strange things are afoot at the circle k.
Mike
Wed, Apr 27, 2011 : 11:07 p.m.
He said he did it accidently. Obviously he was unaware that McDonalds was having a mind reader meeting inside and they picked up on his intent to murder the ducklings. Whatever happened to believing when someone says something was an accident. We live in a time when somebody must be punished for everything, there is no sucjh thing as an accident anymore. It's always someone's fault and they ust have done it on purpose. If he has a clean record he'll go free unless he made a statement to someone that he intended to kill the ducklings. I guess his young life should be destroyed over this by charging him with a felony where he could lose many rights and have a criminal record which will keep him from getting a good job, so he can become a real criminal. Wow. Seems like some kind of public service would be in order
Roadman
Fri, Apr 29, 2011 : 5:25 p.m.
FredMax: He will plea out to a misdemeanor and get probation.
FredMax
Thu, Apr 28, 2011 : 10:58 p.m.
And his long rapsheet is also a result of a long running McDonalds/Police consipiracy against him? The maximum punishment will hopefully bring this young man's thinking around before he gets into some real trouble.
John A2
Thu, Apr 28, 2011 : 2:19 a.m.
Dillon, Johnnie's dead, Johnnie Cochran RIP, brother, you might want to look into his Firm though. I hear they are running a special on shrunken blood covered gloves. I don't believe they have clean Hummer tires though, and OJ didn't have witnesses either. You should take a plea of "no contest" take the plea agreement your offered. It looks like you have a second charge of animal cruelty too. people don't forget you let a car roll into the water with a dog inside. Pants on FIRE! BABE< wow your burning hot. Don't worry, BaBa will protect you until he gets tired of you then you go on market.
lloydering
Thu, Apr 28, 2011 : 2:16 a.m.
@Roadman As they say you make your bed now lay in it. How he walked on that one is beyond me sounds like a respect for the law problem plus a bit of spoiled by mom and dad syndrome.4 years is not all that long, it will pass as all things do. Think about this....This nice young man is very close i understand to being a pro hockey player yes? Ever try to watch a puck in play @ 100 mph i lose it most every time, case and point he drives (back) into parking lot knowing baby ducks will be walking 1/2 mph but could not see 4 baby ducks. Emmmmmmmmmmm. A puck is about 3 1/2x1 1/2 a baby duck about the same size times 4 babies and could not see one of them, it was light out at 6:30 on monday in Ann Arbor. I remember years back when my daughters were 2 and 5 me and mom took the girls to the lake where we sat on a blanket near waters edge, a mother duck came from the wooded area followed by her little ones and my girls melted with joy just to see how they stuck with the mom. now this story comes out and bursted my bubble. He seems to be in the problem youth (spotlight) more then most don't ya think? It will all come out in the wash as my mom used to say.........
Kai Petainen
Thu, Apr 28, 2011 : 1:41 a.m.
i've watched kids(?) fire off guns in the arb at night, throw stuff in front of trains, vandalize bridges, fire off fireworks directly at ducks. as far as i know no one was ever charged. heck... last night the arb was full of people. does anyone ever get charged? i doubt it, i don't even see it in the police reports.
wlinsenbigler
Thu, Apr 28, 2011 : 1:17 a.m.
He got off easy for the "Prank". Last time I went #2 on a police car they were angry.
Roadman
Thu, Apr 28, 2011 : 12:44 a.m.
@lloydering: Nice young person? This individual was charged with defacing and vandalizing a squad car with manure - and got off scot-free. He must have already had a reputation among the AAPD when he got pulled over after leaving McDonald's. The AAPD may have been licking their collective chops while scouring the Michigan Penal Code seeking something by way of a serious charge to nail Pearce with. Pearce and his comrades may just be a buncha good ol'boys never meaning any harm being targeting by some mean-spirited cops seeking to send Pearce to the stark confines of Jacktown.
lloydering
Thu, Apr 28, 2011 : 12:22 a.m.
To think all that is at stake over 4 silly ducks is crazy but it comes down to the true intention more then the act itself i believe. Ya gotta ask what was the intent here? Part of problem for me is why did the police feel inclined to charge Mr.pearce with a felony in the first place? Why not just a warning or maybe a ticket for careless driveing. I know a few officers around town and for the most part none of them would want to see a nice young person get charged with a felony unless they felt it was truly the right thing to do, so this detail becomes pertinent in this case for me. I also believe Mr.Pearce should feel free to come join in right here in this forum to tell us his story in his own words. If it was my butt on the line being wrongly accused I would not hide behind a lawyer I would shout out my innocent's from the highest mountain. I do feel for him and his family though as this duck story seems to be getting around fast to the millions of animal lovers everywhere.
MIKE
Thu, Apr 28, 2011 : 12:17 a.m.
His life isn't going to be ruined. He's just going to have to explain his actions over and over, as schools and employers google his name before deciding to admit/hire him.
EyeHeartA2
Wed, Apr 27, 2011 : 11:38 p.m.
Should his young life be ruined for smearing crap on a cop car? No Should his young life be ruined if he killed these ducks? No Should his young life be ruined if he did both.......maybe, some pain should be extracted. If true, it appears he didn't learn the lesson the other 4 "pranksters" did.
johnnya2
Wed, Apr 27, 2011 : 11:31 p.m.
What if this had been a child? Yru responsibility as a DRIVER is to check to see what is in front of you. The fact he ran over FOUR of them is evidence he was not paying attention to where he was going, or it was an intentional act. Ducklings do not move like a dog darting out from behind a car. If he cant watch where the hell he is going, he is reckless driving at a minimum.
Roadman
Wed, Apr 27, 2011 : 11:24 p.m.
I agree he is entitled to a presumption of innocence and to due process. The prosecution shall be held to a burden of guilt beyond a reasonable doubt. The Detroit Free Press and annarbor.com have ensured he has his 15 minutes of infamy, however, to paraphrase Andy Warhol.
wlinsenbigler
Wed, Apr 27, 2011 : 11:04 p.m.
Did you see all the "staff psychiatrist" listings in the "top 50 highest paid in Washtenaw County". Maybe we could assign one of them to this case.
John A2
Thu, Apr 28, 2011 : 2:47 a.m.
That's hilarious, but I don't think he will get out of visiting Ba-Ba, I hear they are going to be good friends, no doubt. He should have claimed insanity, then to defy all the witnesses.
wlinsenbigler
Wed, Apr 27, 2011 : 10:56 p.m.
Does anyone know who Bill S. Preston Esquire is? Search for that name and you will see what I am refering to.
EyeHeartA2
Wed, Apr 27, 2011 : 11:35 p.m.
Most excellent post, sir.
northside
Wed, Apr 27, 2011 : 10:22 p.m.
The attorney forgot the part where Dillon gently nurtured the ducks from the time of their birth, even sleeping outside to shield them from harsh winter storms when they were too young and tired to fly south.
Ellen
Thu, Apr 28, 2011 : 12:40 a.m.
LOL, that made me snort out loud, wlinsenbigler!
wlinsenbigler
Wed, Apr 27, 2011 : 10:41 p.m.
"Can you milk me faulker?"
Kai Petainen
Wed, Apr 27, 2011 : 10:20 p.m.
A duck, a goose and a chicken walk into a McDonalds....
Tom Joad
Wed, Apr 27, 2011 : 10:03 p.m.
If it were an accident, then why leave the parking lot without stopping? If they were so concerned with the ducks, then why drive imprudently and not watch out for the precious ducks? Explain that, Mr. Nacht....
Tom Joad
Wed, Apr 27, 2011 : 10 p.m.
Don't worry, kid, if you're as successful on the ice as you were in the parking lot Obama will praise your hockey skills just like he did for Michael Vick
Roadman
Wed, Apr 27, 2011 : 10:22 p.m.
No doubt Michael Vick might feel a twinge of empathy toward Pearce.
Roadman
Wed, Apr 27, 2011 : 9:57 p.m.
If one thing is for sure, this will be the defining event in the life of Dillon Pearce. No one will ever let him live it down - unless he moves out of state.
a2cents
Thu, Apr 28, 2011 : 1:47 a.m.
I wonder: have the media in Green Bay been apprised ?
Townie
Wed, Apr 27, 2011 : 9:55 p.m.
There are some strange things going on here... First this then we find that he was involved in the feces and police car at Huron High, then that his mother had a problem letting her locked car (with a small dog in it) somehow drive itself into the Huron River. Am I the only one who finds these little things more than a coincidence? Just askin'.
Craig Lounsbury
Thu, Apr 28, 2011 : 12:41 a.m.
They all need a 10 minute major
Roadman
Wed, Apr 27, 2011 : 10:21 p.m.
The mother's sunken car incident conjured up memories of the Susan Smith case in South Carolina 16 years ago - although this would be a canine version at worst.
Duran
Wed, Apr 27, 2011 : 10:16 p.m.
Thank you,I have been saying the same thing.This family is sure getting a lot of tax payer money to keep dealing with their issues.
Tom Joad
Wed, Apr 27, 2011 : 9:45 p.m.
If it walks like a duck and quacks like a duck, you hire a lawyer and suddenly it becomes a swan
markguy
Wed, Apr 27, 2011 : 9:44 p.m.
Ha, ha, ha. Innocent until proven guilty, but still, Ha, ha, ha.
Amy Towler
Wed, Apr 27, 2011 : 9:42 p.m.
I've worked for many lawyers and personally I don't think a good lawyer should need to advertise on obnoxious billboards. Would YOU hire one that does? Trust me the best don't need to.
Duran
Wed, Apr 27, 2011 : 10:03 p.m.
You are correct,the best don't need to advertise,their reputation brings in the clients,not fighting a case in the papers or in the news.
Roadman
Wed, Apr 27, 2011 : 9:52 p.m.
Sam Bernstein may disagree with you. As likely would Lee Steinberg. Chris Easthope advertised on Adams Sign Company billbords and it got him elected to a district judgeship.
kes
Wed, Apr 27, 2011 : 9:40 p.m.
Driving a Hummer should be a felony.
Tom Joad
Wed, Apr 27, 2011 : 9:34 p.m.
He was charged with vandalizing a police car, charges dropped. His lawyer with the preposterous story is the same one who defended him then. He's probably picking out a new vacation home with legal fees. The accused duck killer looks like a deer caught in the headlights in his mugg shot
treetowncartel
Thu, Apr 28, 2011 : 1:39 a.m.
Boat shopping now?
Mike Martin
Wed, Apr 27, 2011 : 9:33 p.m.
What a waste of time and money. This is how the prosecutor wants to spend our money? Fire him or her. You can't prove this guy did this intentionally - especially with a decent private attorney. The police and prosecutor's office need to focus on more important issues. It can easily take an hour to get a police officer to show up for legitimate low level calls and these guys are attempting to build a case on this stuff. Wow
Roadman
Fri, Apr 29, 2011 : 9:38 p.m.
@Concerned Citizen: Agreed. If the judiical system does not put its foot down, then Pearce's antics may get more ugly.
Mike Martin
Thu, Apr 28, 2011 : 12:40 a.m.
@ concerned - You know what a good correction would be? The police officer telling Pearce that if he (the officer) pursued this as a felony Pearce "could do jail time, he could have a felony on his record, this could change his life". Then saying, "but this time I am going to let the issue go and assume you will take this lesson with you". That's as much as the issue deserves. Because actually prosecuting that as a felony - yeah that's a waste. Sorry but it is just dumb.
Concerned Citizen
Wed, Apr 27, 2011 : 10:38 p.m.
It's not a waste. If he did intend to do it, I think a correction in attitude could have untold benefits down the road.
wlinsenbigler
Wed, Apr 27, 2011 : 10:02 p.m.
Agreed comrade. This is a perfect example of why the 7 headed hydra is out of control wasting our money away.
Mike Martin
Wed, Apr 27, 2011 : 9:58 p.m.
Yeah I thought of that. They also might have friends willing to say that he did it on purpose. Still strikes me of as an incredible waste of time and resources actually bringing felony charges.
Roadman
Wed, Apr 27, 2011 : 9:54 p.m.
Pearce may have admitted to police prior to his arrest, not realizing he was confessing to a felony offense.
Roadman
Wed, Apr 27, 2011 : 9:30 p.m.
I believe that the preliminary examination in District Court, assuming it is not waived by Nacht, will give the public a glimpse at the proofs police had to support a charge of intentional killing. I suspect that Pearce and his friends may have admitted that this was an intentional killing before they realized it was a felony offense. Now they may be trying to backtrack to negate the necessary element of intent. I expect this case to plea out on a lesser charge. Does Pearce really have the face of a stone killer? At sentencing, will the ducklings' mother and siblings each be allowed to give a victim impact statement? LOL. Will Pearce eventually make it to the NHL and play against the Anaheim Mighty Ducks? LOL
Gramma
Wed, Apr 27, 2011 : 9:20 p.m.
Was Dillon also concerned that people might think he is the kind of person who would vandalize a police car?
javajolt1
Wed, Apr 27, 2011 : 9:20 p.m.
Uhhhhh..... not buying it.
wlinsenbigler
Wed, Apr 27, 2011 : 9:15 p.m.
Those mama and daddy ducks should have had their ducklings taken away from them. You cannot allow your children to play in the McDonalds parking lot at that hour. I blame the parents and our education system and society for this horrific atrocity to the Anas Platyrhynchos across the world. Now I must go order 24 hours in advance, Peeking Duck.
Dark Dichotomy
Wed, Apr 27, 2011 : 9:15 p.m.
So his attorney said he told McDonalds they needed to "do something" about the ducks, his friend was yelled at by employees for trying to pick up a duck, then they leave and drive back through the parking lot and forget they are there? Not very likely. It seems to me this kid driving a hummer should have known to be more careful, especially in a vehicle like that. What, does his attorney think that you are allowed to run over living things if you have a big enough vehicle? Is it okay for him to drive a vehicle where he is unaware of what he has driven over? All of it sounds like total crap to me. With his past trouble it really seems this guy has no respect for others, and it seems his parents are willing to get a good attorney to bail him out no matter how wrong he is. Not sure if he thought it was funny or if he just didn't care what he did, but either way he should be held responsible for his actions.
Lakewood Mom
Wed, Apr 27, 2011 : 9:08 p.m.
Is this the same private lawyer he had the last time? If so, since the charges were dropped that time around, good choice mom & dad. I think it's all the Hummer's fault. It must have a mind of it's own and the poor kid is just the victim. Maybe they should get him a used Escort. Oh yeah, he's 19, an adult. Thanks mom & dad!! And I'm sure the lawyer wants to thank you too. Oh, maybe Dillon has a job and will pay the lawyer himself. That would be the adult thing to do.
Roadman
Wed, Apr 27, 2011 : 9:05 p.m.
This self-serving exoneration of intentional killing does not cut it with me. He showed his disrespect for the law when he embarked on a conspiracy to engage in smearing poop on an Ann Arbor patrol vehicle about 18 months ago. Rest in Peace, four little quackers.
RJA
Wed, Apr 27, 2011 : 9:05 p.m.
Of course Attorney Nacht is fighting for his client, and I hope there is a trial soon. As he is planning to play pro-hocky, I wonder if he knows the difference between a PUCK and DUCK. I have always heard that when you hire an attorney, they always want the truth and nothing but the truth. I don't think Dillon is any more disturbed than the people that saw it happen. Hopefully all the facts will come out in the trail. I'm interested to see how this plays out in court too.
Roadman
Wed, Apr 27, 2011 : 10:13 p.m.
A criminal defense attorney has a duty to zealously defend a guilty client and raise doubts in the state's case. The burden of proof of guilt beyond reasonable doubt always belongs to the prosecution in a criminal case. If the state cannot prove Pearce acted to intentionally kill the ducklings, the duty of the jury is to return a verdict of not guilty.
Mike Martin
Wed, Apr 27, 2011 : 10:02 p.m.
I think when you hire a criminal defense attorney they want to get you acquitted regardless of the truth. You have a right to representation and they are charged with getting you off or getting the best deal. That often doesn't involve the truth from the defense attorney's standpoint.
Duran
Wed, Apr 27, 2011 : 9:22 p.m.
Does he know the difference between a "hammer" and a "hummer"? Both can be used to break the law.This kid is wasting tax payer money over and over and should pay the price for filling up our court system with his actions.
Roadman
Wed, Apr 27, 2011 : 9:11 p.m.
I am sure the arresting officers got statements from Pearce and his cohorts so they had probable cause to arrest him for intentional misconduct. Even if was not intentional I would still like to see him charged with careless driving or even reckless driving. This man does not belong on our roads.
bunnyabbot
Wed, Apr 27, 2011 : 9:02 p.m.
well if it comes out that he had said something to the employees there about the ducks beforehand then that probably would cause enough doubt for me. I say this because I know of two other drive thrus other than this one that often have ducks hanging around the drive thru window, people give the ducks food, so they stay there, I have even witnessed workers throwing crumbs out to the ducks (and this is independant of the location in the story). Cars will end up backed up because people don't want to hit the ducks, this leads some to get out of their cars in order to shoo the ducks out of harms way, this could have been what the other guy was trying to do when he seemed as if he was going to pick up the ducks. Additionally, so what if he drove through the lot again, he could have been trying to exit to go a specific way or started to go one way and then changed his mind about his exit strategy. He might have intentially hit the ducks, or he could have thought the ducks were gone by then or didn't see them so drove only to be stopped by the cops at the gas station about it. the mcdonalds should put up a duck crossing sign, don't feed the ducks sign or put out one of those fake owls. again, he could have intentially hit the ducks, at the same time I don't put it passed a2.com to totally sensaitionalize the story.
lynel
Wed, Apr 27, 2011 : 9:28 p.m.
I'm not sure that it was a2.com that sensationalized the story as much as the over 200 commenters yesterday.
wlinsenbigler
Wed, Apr 27, 2011 : 9:02 p.m.
What a waste of taxpayer time and money. Is the problem that it was out of season or that he didn't have a license? I would press charges against the people that called the police for this incident for a deliberate waste of tax money. I hope these kinds of charges cannot be pressed against me for the billions of insects that have died by my hands, literally.
Mick52
Fri, Apr 29, 2011 : 3:46 a.m.
I have some karma for ya wlinsenburger, you cannot pick and choose what criminal offenses are attended to by the police and the CJ system. Any reported crime deserves a response and appropriate follow up.
JB
Thu, Apr 28, 2011 : 2:16 p.m.
I agree that he got off way too easily for his first offense but I don't agree that we should just ignore this (alleged) offense. The problem is the dead ducklings and his apparent disregard for them. The fact is, he (allegedly) broke the law and he should be prosecuted for it. You're presuming that he will get off on this charge too and that's a poor presumption. He should have his day in court and, if found guilty, be summarily punished. I'm not willing to concede that it's too late to punish a repeat offender.
wlinsenbigler
Thu, Apr 28, 2011 : 2:02 p.m.
What I am saying is the problem here is not the dead ducks, it is that he didn't learn from the last mistake because "we the people" did not do anything. Instead of wasting tax money over and over again take care of it the first time. Now he will most likely get off and be invincible due to harassment charges. Had he been arrested and received large fines when appropriate in the past, I bet he would think more about the outcome of his actions then he does now.
JB
Thu, Apr 28, 2011 : 1:49 p.m.
" this battle was lost when this gentleman and his friends committed the first "prank" and got away with it" You don't really believe this do you? By your logic, we should overlook anything this kid may do in the future since the "battle was lost" when he got away with his first offense. It's a patently ridiculous position devoid of logic. He allegedly committed a crime and he'll have his day in court, as he should. @AA.com -- Perhaps you should lighten up on the ridiculously heavy-handed moderation of comments. There's nothing out of line or offensive in my comment or the previous one.
wlinsenbigler
Thu, Apr 28, 2011 : 1:12 p.m.
Ohh P.S. does killing deer for the head or rack count? What about killing bear for the fur and head? We already allow the killing of animals for "sport" if you will, only difference here is that the city and state did not get any money from the licensing. What about when the Humane Society puts down pit bulls? Why do we not charge them for killing defenseless animals? And no, not all the pit bulls they put down are bite cases. What about all the animal deaths that occur in the name of science? We do not charge any of those companies. Right here in Ann Arbor animals are tortured and killed daily for useless reasons yet you do not post about that. What about the cows that were raised just for your shoes and belt and coat? What about all the animals killed and displaced due to major company deforestation? I guess I am saying on the grand scale of animal abuse and torture duckling in McDonald's parking lot is a waste of time and money. Problem here really is that ducklings are cute and we are in Ann Arbor. I donate a lot of time, money and other resources to helping animals? We must pick and choose our battles and this battle was lost when this gentleman and his friends committed the first "prank" and got away with it, which is where the problem lays.
wlinsenbigler
Thu, Apr 28, 2011 : 12:58 p.m.
Being reactive has never fixed anything; the problem here lies elsewhere and to continually waste money like this is not the answer. Time and Karma will take place but as for now this kind of waste is not part of the solution to society's problems or our deficit problems and if it is not part of the solution it is part of the problem. I we can mail you or this kids parents the bill when all this is said and done I am all for it but as of now the fines incurred from these charges will not cover the money used to bring them up.
Garrett
Thu, Apr 28, 2011 : 12:46 p.m.
Well, I guess we disagree. I want my taxpayer money to be spent prosecuting people that have been shown to intentional kill any defenseless sentient animal for no other purpose than to kill.
wlinsenbigler
Wed, Apr 27, 2011 : 9:49 p.m.
Obviously I feel that tax money can be better spent. If I posted what I thought about the kind of person that would intentionally kill animals or deface public property, my posting would not be posted. My concern is that people have to look over the school yard where my children attend to try and find used heron needles and they have to make sure that young girls are not being attacked behind Ypsi high school. Yes this is absolutely a waste of tax money. Do you feel that money being spent on getting to the "bottom of this case" is more important than school budgets?
Tom Joad
Wed, Apr 27, 2011 : 9:37 p.m.
obviously a shill from the family
wlinsenbigler
Wed, Apr 27, 2011 : 9:35 p.m.
You are correct; I must be proactive in this and start spraying my vehicles with insect repellant.
Gramma
Wed, Apr 27, 2011 : 9:27 p.m.
Such pride in killing insects. It reminds me of the story about the tailor who killed 7 flies with one blow. He ended up being asked to do a courageous act which he wasn't capable of doing
wlinsenbigler
Wed, Apr 27, 2011 : 9:25 p.m.
I just went and looked at the splats on my helmet, motorcycle, truck, van and boat and I think I will come close in a lifetime.
Roadman
Wed, Apr 27, 2011 : 9:20 p.m.
Insects are not protected by the Federal Migratory Bird Treaty Act of 1918 like these ducks were.
Gramma
Wed, Apr 27, 2011 : 9:17 p.m.
Killing all those bugs sounds like a waste of your time.
Macabre Sunset
Wed, Apr 27, 2011 : 9:12 p.m.
Literally... I don't think that word means what you think it means. You would have to use your hands to kill about one insect every second of your life, including during sleep. We have to draw the line somewhere on animal cruelty. One person's dog is another person's duck. Maybe that's a third person's gnat. Fortunately, the laws are rather well defined in this area.
wlinsenbigler
Wed, Apr 27, 2011 : 9:07 p.m.
I meant literally by my hands. You are also not taking into consideration the 6 a year average that I eat in my sleep and the parts per million in my peanut butter.
arborlib
Wed, Apr 27, 2011 : 9:03 p.m.
I don't think you've literally killed a billion insects.
Gramma
Wed, Apr 27, 2011 : 8:52 p.m.
Last year, Dillon was charged with a felony for vandalizing a police car. He was accompanied by 4 friends. It was all caught on video tape. Two of his friends, those believed to have minimal involvement in the event, were convicted and placed on probation. Charges against Dillon were dropped.
J Stevens
Wed, Apr 27, 2011 : 9:22 p.m.
<a href="http://www.mlive.com/news/ann-arbor/index.ssf/2008/10/dog_saved_from_sunken_car_in_a.html" rel='nofollow'>http://www.mlive.com/news/ann-arbor/index.ssf/2008/10/dog_saved_from_sunken_car_in_a.html</a> that's his mother
ViSHa
Wed, Apr 27, 2011 : 9 p.m.
were the two "friends" who were convicted the same socio-economic status as Mr. Pearce?
Debbonique Brown-Murray
Wed, Apr 27, 2011 : 8:39 p.m.
I just read a DFP article saying that his lawyer claims he was trying to rescue the ducklings, not kill them... And this one says he didn't know he ran anything over? That's fairly sketch. And did they get the food the second time? Any cameras around? So many questions.
slipperywater
Thu, Apr 28, 2011 : 3:31 a.m.
apperently they were going around mikey d's again, to get more food, when he accidently hit them.
Roadman
Wed, Apr 27, 2011 : 9:13 p.m.
Trying to rescue the ducklings? LOL. Pearce will say anything to save his hide from a stint in the county jail or Jacktown.
Chris 8 - YPSI PRIDE
Wed, Apr 27, 2011 : 8:26 p.m.
Sorry, something sounds fishy to me. First the driver tells employees about the ducks and something should be done? Left the parking lot then returned 15 minutes later? For what? Suddenly 4 little ducklings wind up under the tires of the same vehicle that a person came out of earlier to let the restaurant staff know of the ducklings? I want to see how this plays out in court.
loves_fall
Wed, Apr 27, 2011 : 8:35 p.m.
Right, it would be logical to conclude that if you were actually concerned with the animals and if your attention span was longer than a goldfish's, that you would remain concerned and vigilant while driving through the lot again.
arborlib
Wed, Apr 27, 2011 : 8:21 p.m.
Why would they leave and then come back, though?
Mick52
Fri, Apr 29, 2011 : 3:19 a.m.
To run over the ducks.
loves_fall
Wed, Apr 27, 2011 : 8:34 p.m.
The parking lots are all connected.... the best way to make a left is to leave back through the McD's lot to Nixon Rd. instead of making a left directly onto Plymouth. If he was going right onto Plymouth (to the gas stations towards Bonisteel) then there would have been no reason for them to drive back through that lot.
millermaple
Wed, Apr 27, 2011 : 8:22 p.m.
he's a growing boy & needed seconds!
jjc155
Wed, Apr 27, 2011 : 8:20 p.m.
whether he intended to run them over or not, all his attorney has to do is convince one juror that he did not intend to do it. I however would take this infront of a judge for a bench trial as the judge will view the case by the letter of the law not with an emotional heart, like many jurors may.
lloydering
Fri, Apr 29, 2011 : 4:18 a.m.
@Mick52 You are right on the cash sir......I'd say you were a lawyer but obscenity is a big no no here
Mick52
Fri, Apr 29, 2011 : 3:18 a.m.
Not sure what country you guys are from but in the USA, the accused has a right to a trial by jury or not. The prosecutor has no say, it is the choice of the defendant. So as jjc rightly and wrongly states you only have to convince one juror-to get a hung jury. In order to get acquitted you need them all. With a bench trial, you only have to convince the judge the case is bad. My guess is he did it. Based on my experience, even though the WCPO can issue a warrant based only on probable cause, they authorize a charge only when they believe the case will be won. So am I implying there is some evidence not reported here? Yup. Intent is the key here and there must have been some evidence that proves this kid did this intentionally. This supposed defense is the only one that could be applied here. Other than insanity. Dave is a good lawyer but this one will not go to trial.
Roadman
Wed, Apr 27, 2011 : 10:17 p.m.
@jjc155: Some county prosecutors do not like to waive juries. L.. Brooks Patterson liked to have juries hear trials. The downside is that jury trials are more lengthy and juries tend to make occaisional stupid decisions.
jjc155
Wed, Apr 27, 2011 : 9:48 p.m.
true but the prosecutor usually does (actually having been involve in the court process for close to 2 decades) I have never seen a prosecutor that did NOT agree to the waiver. With the way that appeals run etc the prosecutor will usually agree to anything that could otherwise give the defendant a reason for an appeal, should they be found guilty.
Roadman
Wed, Apr 27, 2011 : 9:38 p.m.
Any waiver of a jury trial requires the consent of the County Prosecutor who may not give it.
Top Cat
Wed, Apr 27, 2011 : 8:16 p.m.
OK, call me naive but I am inclined to believe his story. I ran over a garter snake in my driveway on Saturday with a much smaller vehicle. At the time, I never saw it. Mr. Pearce's story is much more plausible than that of a 19 year old going out of his way to deliberately kill ducklings. The size of the Hummer only makes his story more credible. So prove him guilty.
Ray
Thu, Apr 28, 2011 : 2:47 p.m.
Ok Top Cat I'll call you naive. What if your dog or cat got in this guys way and he ran them over or maybe you were walking across the McDonald's parking lot at the wrong time. I guess these things just happen when your driving a Hummer. He better hope I'm not on the the jury for this one.
Wolf's Bane
Thu, Apr 28, 2011 : 12:42 p.m.
You killed a garter snake? What is your address?
northside
Wed, Apr 27, 2011 : 10:03 p.m.
Thanks for posting this, Top Cat. After reading the article I made a bet with myself: which of the site regulars might actually buy Dillon Pearce's story? You were my choice.
tdw
Wed, Apr 27, 2011 : 9:49 p.m.
Top Cat proof is not needed.A-they were cute ducks B-he was driving a Hummer ( thats enough to prove he's evil and hates animals ) C- he was at the evil McDonalds. Boy you really are naive.Don't you know people in A2 always knows peoples intent ?
Lakewood Mom
Wed, Apr 27, 2011 : 9:14 p.m.
Yeah, but did you see it, leave, and then come back 15 minutes later and not look out for it? I hope you're more humane and considerate than that.
Macabre Sunset
Wed, Apr 27, 2011 : 8:10 p.m.
A good lawyer understands that the less you testify in the newspapers beforehand, the less likely you'll get caught in a lie in court. Anyway, no matter how dear Dillon's hockey career turns out, it's unlikely he will ever play in Anaheim.
Moscow On The Huron
Thu, Apr 28, 2011 : 2:58 p.m.
Win
Roadman
Wed, Apr 27, 2011 : 9:07 p.m.
LOL, the "Mighty Ducks".
Craig Lounsbury
Wed, Apr 27, 2011 : 8:34 p.m.
"Anyway, no matter how dear Dillon's hockey career turns out, it's unlikely he will ever play in Anaheim." well played my good man