Santa Maria man who shot, mutilated elephant seal in San Simeon faces prison time
A Santa Maria man is expected to be sentenced to six 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 Monday 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 will recommend Gerbich be sentenced to six months in prison and one year of supervised release. The government is not seeking significant fines or restitution in the case.
During Monday’s hearing, the deputy U.S. Attorney also noted that a Springfield XD .45-caliber handgun used in the crime — as well as a host of other weapons and ammunition seized from Gerbich’s home — will be returned to him in the coming weeks.
Under the Marine Mammal Protection Act, the federal misdemeanor carried a maximum sentence of one year in prison and a $100,000 fine.
When Gerbich is sentenced April 12, a U.S. judge could decide to reject the plea agreement and sentence Gerbich to the maximum penalty. If so, Gerbich may withdraw his plea and the criminal proceedings would continue in federal court.
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 were 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 on the case.
The animals 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 northern elephant seal as it was resting on the beach in the Piedras Blancas rookery, the government alleges.
In January 2020, federal agents conducted a search of Gerbich’s home and Gerbich confessed to the killing, according to the court record.
The document does not detail a motive for the killing.
Gerbich has a history of criminal charges, according to Noozhawk. Most recently, he faced 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.
Gerbich’s informal probation in that case extends until Feb. 1, 2021.
Defendant says he ‘made a horrible mistake’
At Monday’s hearing, which was conducted via Zoom conference due to COVID-19 precautions, Gerbich answered U.S. District Court Judge Dale S. Fischer politely and succinctly when asked if he understood the nature of the proceedings and his plea.
Fischer explained that she could rule against the terms of the plea agreement and impose a heftier penalty allowed under the law in April, in which case Gerbich could choose to withdraw his guilty plea.
Fischer also explained that she could impose a term of home detention in lieu of prison time.
Under the plea, Gerbich also gives up his right to appeal the case.
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 will be allowed to remain out of custody until his sentencing.
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.
