commentary by Patrick H. Moore
We humans have had a long and interesting relationship with animals; in fact, some would claim that we evolved from animals – a branch of the primate family to be exact. Without arguing the pros and cons of evolution, it is fair and accurate to state that a great many humans truly love not only our domesticated animal friends (note the “our” suggesting that the domesticated critters actually belong to us, as in “I love my doggie” or “I miss my cat”) but the beasts of the forests and fields as well.
In the case of an 81-year-old former school teacher residing in Sebring, Florida named Mary J. Musselman, her fondness for Florida black bears has landed her in what may prove to be fairly serious hot water. Ms. Musselman, who was already on probation after being arrested late last year for allegedly illegally feeding the bears, was arrested again last week for – you guessed it, feeding the bears. That’s not all, however. In addition to violating her probation by continuing to feed the bears after being specifically warned not to, Ms. Musselman actually threatened to kill the Florida Fish and Wildlife Conservation Commission officer who arrested her. Thus, in addition to her probation violation, this beleaguered woman has been charged with resisting an officer with violence and battery on a law enforcement officer.
Ouch! Ms. Musselman may be lucky she was dealing with the Fish and Wildlife people. Had she been confronted solely by regular law enforcement, she might have shot her, or at the very least, tased, when she copped a ‘tude.
Gary Morse, a spokesman for the FWCC, said officers had been dealing with Ms. Musselman (and no doubt getting progressively more frustrated) since November of 2012 when they received a report that she was feeding the bears, which under Florida state law is a misdemeanor.
Although at first glance this bit of legislation may seem a bit arbitrary, there is actually a very good reason it’s on the books:
“It’s pretty well known what the consequences are of feeding bears,” said spokesman Morse, who went on to explain that bears who get used to being fed by humans will lose their instinctual fear of humans and will become more apt to search for food in areas where humans live. According to Morse, once this happens there’s little choice but to trap and euthanize the animal.
“You can’t relocate them because they become problems somewhere else,” said Morse.
Most of the problems between bears and humans in Florida are not caused by well-meaning but perhaps misguided good Samaritans such as Ms. Musselman intentionally feeding the furry beasts, but rather result from residents leaving food out for other animals (non-bears) or leaving garbage cans unsecured, with the unintended result that the bears, nocturnal marauders that they are, root through the garbage cans and devour the food.
Sadly, one of the local bears that Ms. Musselman was feeding has been deemed a danger and has reportedly been euthanized.
According to a FWCC probable cause affidavit, Ms. Musselman was placed on probation on Jan. 24th for two counts of feeding black bears. Prior to that, she had been placed on diversion, which means that if she didn’t violate the law for a certain period of time, her charges would have been expunged. But according to the affidavit, Ms. Musselman violated the diversion agreement which left the authorities with little choice other than to place her on probation.
Specifically, the evidence — as observed by an FWCC officer outside Ms. Musselman’s house – consisted of “numerous bowls and trays with birdseed and corn, four hanging birdfeeders with birdseed in them, and birdseed and whole corn on the ground.”
According to the affidavit, as part of her probation, Ms. Musselman had been ordered not to put out food for animals for a year. At that time, a judge ordered that FWCC officers check weekly on whether the defendant was obeying the terms of her probation.
Ms. Musselman apparently simply refused to obey the orders. When the judge got wind of that, he decided things had gone too far and ordered her arrested. When the officers went to her residence at 5240 Kenilworth Blvd. on Jan. 29th, Ms. Musselman reportedly ordered the officers off her property. Then, when FWCC officers assisted by Highlands County deputies tried to arrest her, she lunged at them and kicked them.
To make matters worse, a deputy told the FWCC officer that Ms. Musselman stated that when she’s released from custody, she will kill any FWCC officer who comes on her property.
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Ms. Musselman is hardly without support in the community. A group of her former students, some from four decades ago, gathered out in front of her home on Thursday night and prayed for her. Her supporters have tried to bail her out but she is being held without bond.
Her former students have suggested that Ms. Musselman cannot fully comprehend the judge’s orders or the seriousness of the charges.
“This is out of her character to act as she did,” said a former student named Tedder who added that Ms. Musselman would not have intentionally broken the law.
Her former students want her back home as soon as possible because her husband is dying of cancer. They are working to find a mental health advocate to go before a judge on her behalf at her next appearance which is slated for March 3rd.
Ms. Musselman and her husband reportedly have no children and no caregiver.
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I would hope that the Floridian authorities go easy on this elderly and, perhaps, somewhat senile individual. Of course if they do – as likely as not – she will go right back to feeding the bears.