Tourist seeks Delta flight videos in Hawaiian monk seal rock-throwing case
Igor Lytvynchuk, a 38-year-old Washington tourist, is accused of throwing a large rock into the water near a protected Hawaiian monk seal. He argues that prosecutors have not shown Delta warned passengers about the seals’ protected status, and his lawyers want to subpoena the airline’s in-flight videos and communications. The case matters because the defence says the information available to Lytvynchuk could be relevant to what he knew.
Prosecutors say videos from Hawaiian Airlines cannot establish what Delta showed on the Seattle-to-Maui flight taken on 28 April. Delta is not legally required to show wildlife guidance, while Hawaiian Airlines’ “Travel Pono” video tells visitors to keep their distance from protected animals. Lytvynchuk has pleaded not guilty to charges under the Endangered Species Act and Marine Mammal Protection Act; he was released on $25,000 bond, with trial set to begin on 16 November. An estimated 1,600 Hawaiian monk seals remain.
- Tourist disputes whether Delta warned him about protected monk seals.
- His lawyers seek the airline’s in-flight videos and communications.
- He denies charges after allegedly throwing a rock near a seal.
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Hawaiian monk seals are a rare species found in the Hawaiian Islands, with an estimated 1,600 left. US law protects them, and rules prohibit harming or disturbing them.
Igor Lytvynchuk, a tourist from Washington, has pleaded not guilty to charges under federal wildlife laws after being accused of throwing a rock into the water near a seal. His lawyers say information shown to passengers on his Delta flight could help establish what he knew about the seals’ protected status.
The case involves whether airline material is relevant to a passenger’s knowledge; airlines are not required to show wildlife guidance. Hawaiian Airlines has a video advising visitors to keep away from protected animals, but prosecutors say it cannot show what Delta passengers saw.
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The case for
The defence can argue that what Lytvynchuk was told before reaching the seal is relevant to whether he understood its protected status and the consequences of his actions. Delta’s in-flight videos or communications could clarify what guidance, if any, passengers received, so seeking them may help establish the facts fairly.
The case against
Prosecutors can argue that Delta had no legal duty to show wildlife guidance, and that material about what another airline showed would not establish what passengers on this flight saw. The case can therefore be assessed on the alleged conduct and other evidence, without treating the absence of a warning as a defence to harming a protected animal.
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Originally published by Daily Mail as “Vile tourist filmed hurling rock at Hawaii monk seal suggests he should be cleared because Delta didn’t show video on plane telling him not to interfere with wildlife”.