Dragan Djuric received a $275 fine for beating a Heermann's Gull when it tried to eat his wife's ice cream in Laguna Beach. Djuric is contesting the fine, claiming self-defence.
A U.S. Fish and Wildlife spokeswoman told the Orange County Register that Dragan Djuric of Wichita is appealing the agency's fine in U.S. District Court in Los Angeles.
Police say Djuric beat a Heermann's gull with a stick, breaking its wing. The bird was later euthanized.
Djuric claimed that he was acting in self-defence after the bird swooped down and hit his wife's head and tried to grab her ice cream.
Fish and Wildlife officials say witnesses told authorities the ice cream fell on its own and when gulls descended to eat it, Djuric struck them.
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