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Indiana couple that rescued baby deer faces charges

Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed. The Associated Press
Tuesday, January 29, 2013 - 4:59 pm

CONNERSVILLE — An Indiana couple who nursed a wounded fawn back to health have vowed to fight misdemeanor charges for keeping the deer at their farm for two years, and their burgeoning legion of online supporters suggests that popular opinion is firmly on their side.

Jeff Counceller, a police officer in the eastern Indiana city of Connersville, said he found the deer in 2010 curled up on a front porch with maggot-infested puncture wounds. He and his wife, Jennifer, kept the deer in an enclosure on their 17-acre farm and named it Dani.

Earlier this month, prosecutors — at the behest of the state Department of Natural Resources — charged the Councellers with illegal possession of a white-tailed deer, a misdemeanor that carries up to 60 days in jail and a $500 fine.

Jeff Counceller told The Indianapolis Star that he and his wife didn't know it was illegal to keep the deer, and that returning it to the wild when they were told to do so "would have been a death sentence."

Jeff Counceller didn't immediately respond to a Tuesday phone message left by The Associated Press seeking comment. Jennifer Counceller's voicemail wasn't accepting new messages.

DNR spokesman Lt. Bill Browne said the agency has received a lot of phone calls and email about the charges, but he declined to comment about the case and instead referred the AP to the agency's claims in the court documents.

The deer's story went viral online this week after a sympathetic Indianapolis man, John Waudby, set up a Facebook page to rally support for the Councellers.

"I heard about it early Saturday morning when I got home," said Waudby, a 41-year-old warehouse worker. "I saw it on the news and was outraged. I was like, you've got to be kidding me."

"They're not criminals. They were trying to do the right thing," he added.

The Facebook page, "Drop Charges Against Connersville Police Officer," had more than 15,000 "likes" by mid-afternoon Tuesday and was growing by about 1,000 an hour. Waudby said he had hoped to reach perhaps 1,000 local people to put pressure on prosecutors to drop the charges, but was receiving responses from as far away as Argentina and Australia. He was also circulating an online petition and by noon, the petition had topped 8,000 signatures. More than 135 people had signed up online to attend the Councellers' trial on March 7 in Fayette County.

"It's like a wildfire that you just can't stop at this point," Waudby said, adding that he's only slept for about 10 hours, total, in the three days since launching his online campaign.

The Councellers said they had intended to release the deer once it was strong enough to survive on its own. They tried to find it a home at animal rescue operations, petting zoos and deer farms, but no one would take it.

Last summer, the deer vanished on the day that the Department of Natural Resources planned to euthanize it, following the denial of the couple's request for a rescue permit.

The DNR website includes a section on wildlife rehabilitation that warns people who find wild animals to make sure they are really abandoned and if they are, to contact a licensed wildlife rehabilitator. The closest rehabilitators to Connersville are in neighboring Wayne County, according to a list on the website.

"Removing wildlife from the environment is prohibited by state regulations without a proper handling permit," the DNR website warns, adding that most young animals that appear to be abandoned don't require help. "Wildlife can carry diseases and parasites that can be transmitted to humans, it is best to leave them alone," the website adds.

Kathleen Hershey, president of Utopia Wildlife, a wildlife rehabilitation center near Hope in south-central Indiana, said even though the Councellers meant well, it's bad for a deer to become acclimated to humans because they can become too trusting and easy prey for hunters.

"They have real serious social needs, and you can't just raise a deer. ... They have to be in with others of their kind," she said. "It has to learn how to live in a herd and that's where its safety is."

Most of the Facebook posts expressed disbelief that the couple could face charges for what was perceived as a good deed, but some comments weren't so sympathetic.

One post pointed out that the couple had exposed themselves, their children and their pets to disease carried by deer, and that the local deer population could be infected now that the animal is free.

Although lawyer's fees would be more expensive than paying the fine, the Councellers said they plan to fight the charge.

"Sometimes, it's not always about the DNR laws," Jennifer Counceller told the Star. "Sometimes it's about common sense and what's right in God's eyes. And that's what I'm going to stand for."

Waudby said he plans to attend the Councellers' court hearings, "and I'm bringing thousands of people with me."