Hawaii Seal Attack Suspect Seeks Airline Records in Defense
Man accused of throwing rock at endangered monk seal requests Delta's onboard video and advisory data.
A Washington state businessman accused of throwing a rock at an endangered Hawaiian monk seal is seeking records from Delta Air Lines, including onboard video content and wildlife advisories, as part of his defense strategy. Igor Mykhaylovych Lytvynchuk, 39, faces federal charges related to the May 5 incident in Lahaina, Maui, and his trial is scheduled for November 16.
Lytvynchuk's legal team has requested these materials, arguing they could reveal what the defendant knew about Hawaii's protected animals prior to the alleged rock-throwing. Prosecutors, however, have stated they have no evidence that Delta aired educational videos about local wildlife to its passengers. The defense seeks to obtain these records to potentially influence Lytvynchuk's state of mind and sentencing.
According to video evidence from the encounter, Lytvynchuk was seen following a monk seal near the shoreline before throwing a large rock in its direction. The projectile reportedly missed the seal's nose, causing it to react by rearing out of the water. Witnesses reportedly confronted Lytvynchuk, who allegedly responded that he was "rich enough to pay the fines" before leaving the scene.
Lytvynchuk's attorney, Myles Breiner, has previously suggested that Lytvynchuk was attempting to scare the seal away from two sea turtles, known locally as honu. The defense is requesting information from Lytvynchuk's April 28 flight from Seattle to Maui, seeking to determine if any warnings about wildlife were provided by the airline.
Prosecutors have noted that while Hawaiian Airlines offers a program educating passengers on wildlife conservation, this does not establish a similar practice for Delta. They also stated that the airline was not legally obligated to provide such warnings, and the absence of this information would not excuse the alleged conduct.
Lytvynchuk was arrested near Seattle on May 13 by agents from the National Oceanic and Atmospheric Administration. He was formally charged on May 26 with violating the Endangered Species Act and the Marine Mammal Protection Act. He has pleaded not guilty to both charges and could face up to one year in prison for each offense if convicted.