This morning, several ducklings and a mother duck were swimming in the community pool near Morena and Segura, where one duckling was killed, according to the Irvine Police Department.
Around 10:52 a.m., a man who lived nearby got into the pool, gathered some of the ducklings, and placed them into a box. A short time later, he used a plastic trash bin and struck some of the ducklings. He then threw the animals into a trash can.
One duckling was found deceased, and another one had severe head trauma. The injured duckling was transported to a veterinary clinic for care. The remaining ducklings were able to escape the area with the mother duck.
The IPD Animal Services Unit immediately began an investigation in coordination with Detectives from their Investigations Bureau.
The suspect, Randall Bertsch, 71, of Irvine, was quickly located at his home. After refusing to talk to the officers, a search warrant was granted and served at his residence.
Bertsch was safely arrested for animal cruelty. Once the investigation is complete, the case will be submitted to the Orange County District Attorney’s Office for review.
The IPD wants to assure the community that the protection and welfare of animals in the city remains a high priority.
As a reminder, migratory birds are federally protected and, in most cases, cannot be moved or relocated, including those that nest near pools.
The IPD thanks the community members who reported this incident and assisted the officers.
If you need assistance with ducklings or other wildlife, please contact Animal Services at 949-724-7000.
Legal Penalties Faced by the Suspect
The suspect, Randall Bertsch, faces severe criminal penalties under California state law for intentional animal cruelty, alongside potential separate liabilities under federal wildlife protection acts. Because the incident involved the direct killing and intentional wounding of animals, prosecutors are highly likely to pursue aggressive statutory charges.
California Penal Code Section 597 (Animal Cruelty)
In California, malicious and intentional maiming, wounding, or killing of a living animal is a “wobbler” offense, meaning the Orange County District Attorney’s Office can charge it as either a misdemeanor or a felony based on the severity of the act. Given the blunt-force trauma, death of a duckling, and weaponization of a plastic bin, a felony prosecution is standard for this caliber of egregious violence.
- Felony Penalties: If charged and convicted of felony animal cruelty, Bertsch faces 16 months, 2 years, or 3 years in California state prison.
- Misdemeanor Penalties: If downgraded to a misdemeanor, the maximum penalty is up to 1 year in a county jail.
- Financial Fines: Both felony and misdemeanor convictions carry a statutory fine of up to $20,000.
- Mandatory Restitution: The court can order Bertsch to pay full restitution for the emergency veterinary clinic and housing bills accumulated during the care of the injured duckling.
- Mandatory Counseling: California law heavily penalizes animal abuse with mandatory psychiatric counseling or community rehabilitation programs focused on anti-social behavior.
- Loss of Animal Rights: A conviction typically strips the individual of the legal right to own, possess, or care for any animals for a set duration or permanently.
Migratory Bird Treaty Act (MBTA)
Because the Irvine Police Department explicitly noted that the animals are federally protected migratory birds, federal authorities (U.S. Fish and Wildlife Service) can choose to step in or parallel-charge the suspect.
- Misdemeanor Offense: Under 16 U.S.C. § 707(a), it is a federal crime to pursue, capture, or kill a migratory bird. An individual face criminal misdemeanor penalties of up to 6 months imprisonment and individual fines up to $15,000 per violation (per bird harmed).