Utah man sentenced to prison for killing and mutilating San Simeon elephant seal
A former Santa Maria resident who now lives in Utah was sentenced to three months in federal prison for shooting and killing a northern elephant seal and mutilating its carcass on a San Simeon beach in 2019.
Jordan Peter Gerbich, 30, pleaded guilty in U.S. District Court in Los Angeles in December to a single misdemeanor count of the taking of a marine mammal in connection to the female elephant seal’s death.
Under a plea deal with the U.S. Department of Justice, federal prosecutors had recommended that Gerbich — who now lives in Coalville, Utah — be sentenced to six months in prison and one year of supervised release.
Under the Marine Mammal Protection Act, the federal misdemeanor carried a maximum sentence of one year in prison and a $100,000 fine.
Under the plea agreement, U.S. District Judge Dale S. Fischer at Monday’s sentencing hearing could have decided to reject the plea agreement and sentence Gerbich to the maximum penalty. If so, Gerbich would have been able to withdraw his plea and the criminal proceedings would continue in federal court.
But instead, Fischer opted to sentence Gerbich to three months in federal prison, followed by three months of home detention and one year of supervised release. He will also be required to perform 120 hours of community service and pay a $1,000 fine, the U.S. Department of Justice said in a news release.
“It remains unclear what motivated (Gerbich) to commit such an act; nevertheless, (Gerbich) knew it was wrong,” prosecutors wrote in their sentencing memorandum.
Seal was shot in the head, maimed
After the discovery of the seal’s body Sept. 28, 2019, the National Oceanic and Atmospheric Administration’s Office of Law Enforcement began an investigation with the help of the California Department of Fish and Wildlife.
After a field examination, it was determined that the elephant seal had been shot and some organs removed, which may have been a result of scavengers, NOAA told The Tribune in January 2019.
NOAA had offered a reward of up to $20,000 for information in the case.
Northern elephant seals are protected under the federal Marine Mammal Protection Act.
According to a copy of the plea agreement filed in U.S District Court, Gerbich and another unnamed person drove to the elephant seal viewing area adjacent to the Piedras Blancas State Marine Reserve with the .45-caliber pistol.
That night, Gerbich, aided with a flashlight, shot and killed the seal as it was resting on the beach at the Piedras Blancas rookery, the government alleged. The seal was discovered with a bullet hole in the head, prosecutors say.
In January 2020, federal agents conducted a search of Gerbich’s home, and Gerbich confessed to the killing.
That document does not detail a motive for the killing.
According to Noozhawk, Gerbich has a history of criminal charges, most recently facing a felony charge and a misdemeanor charge in Santa Barbara County Superior Court for possessing a destructive device three years ago.
Santa Maria police announced in November 2017 that they arrested Gerbich in connection with a homemade explosive device detonated behind a business four months earlier.
At that time, county firefighters were battling the Alamo Fire east of Santa Maria and the Whittier Fire off Highway 154.
Under a deal in early 2018, Gerbich pleaded no contest to a misdemeanor charge of possessing a destructive device and was sentenced to 60 days in jail and three years informal probation.
He served four days in jail plus received five days for good time/work time credits and was allowed to apply for an out-of-custody program, according to Noozhawk.
Defendant admitted he ‘made a horrible mistake’
At a court hearing in December, conducted via Zoom conference due to COVID-19 precautions, Gerbich answered Fischer politely and succinctly when asked if he understood the nature of the proceedings and the terms of his guilty plea.
Asked by Fischer to explain the nature of his crime, Gerbich responded, “I made a horrible mistake.”
“And what did you do?” Fischer asked.
“I shot and killed an elephant seal,” he responded.
Gerbich was allowed to remain out of custody until his sentencing.
During that hearing, the deputy U.S. attorney also noted that a Springfield XD .45-caliber handgun used in the crime and a host of other weapons and ammunition seized from Gerbich’s home would be returned to him.
The case was investigated by the NOAA’s Office of Law Enforcement with substantial assistance from the California Department of Fish and Wildlife.
To report a dead, injured, or stranded marine mammal, call the West Coast Marine Mammal Stranding Network at 866-767-6114.
Noozhawk North County editor Janene Scully contributed to this report. She can be reached at jscully@noozhawk.com. Follow Noozhawk on Twitter: @noozhawk, @NoozhawkNews and @NoozhawkBiz. Connect with Noozhawk on Facebook.
This story was originally published April 12, 2021 at 11:53 AM with the headline "Utah man sentenced to prison for killing and mutilating San Simeon elephant seal."
