Local News, Public Safety
Duck stoning defendant makes public apology
Posted on Nov 10, 2009 by Admin.

Shayne Smalling
Two men stand accused of stoning 50 ducks to death at the Bever Park petting zoo area. That happened in late June of 2008.
Now, one of the defendants is making a very public admission and apology:
To the people of Cedar Rapids,
I am one of the people responsible for the duck killings at Beaver Park. I would like to apologize for this senseless act that I have committed and I know there is no way any apology could ever be big enough to take back the pain I have caused the people of Cedar Rapids. I would just like the people to know that I am also disgusted by what I have done and I am taking full responsibility for my actions.
Shayne Smalling was only charged for his part in the attack on park animals last week. But Smalling asked the Gazette to publish a letter to the editor on Wednesday that will not only admit what he did but also ask the community for forgiveness.
The incident was the kind of story that caught people’s attention even amid the flood news in June of 2008. The vandals broke two gates to get in the waterfowl exhibit at Bever Park and stoned ducks to death both in the water and in cages.
Shayne Smalling’s letter to the editor says, in part, “I am also disgusted by what I have done and I am taking full responsibility for my actions.”
Smalling is now a Marine stationed in California. Contacted by phone, he didn’t add many details but repeated his apology. “It was a very stupid thing to do. It was just a thing that got out of hand,” Smalling said.
Smalling’s Cedar Rapids attorney, Michael Lahammer, said he was surprised by his client’s request to publicly admit his guilt in the newspaper. But Lahammer said “he’s prepared to acknowledge his responsibility and take responsibility for his actions as well as pay full restitution for any damage done to the city of Cedar Rapids.”
Smalling’s attorney didn’t add many details about the incident…but did say it involved alcohol and happened before his client joined the Marines. Lehammer says Smalling plans to pay damages to the city even before his criminal mischief case is settled in court.
The city spent about $3,500 to replace the ducks lost in the attack. Bever Park Animal Exhibit Coordinator, Julie Myers, said if Smalling is sincere, she accepts the apology.
“I’m glad he’s taking some responsibility if he’s that kind of person–good, good he’ll come out a better person for this,” Myers said.
Smalling told TV9 a felony conviction for criminal mischief might get him booted from the Marine Corps. His reward for confessing and paying damages now would be to stay in the corps.
Zachary Kanellis, 19, also faces charges in connection with the Bever Park duck stoning. The trial for both is currently set for March 1.
Dave Franzman, KCRG-TV

I think what Shayne Smalling and his accomplice did was terribly wrong. But I do feel that he should be given the chance to go on with his life. He is now a Marine, willing to serve and protect this country. Many of us have made stupid decisions in the past, let's let him make restitution and go on with his life, hopefully learning that killing innocent beings is not allowable.
Doing stupid thigs is part of being a kid but there is a very distinct difference from doing stupid things and killing defenseless animals.
Self serving?
That is the 64,000 question.
He deserves some prison time for that, murdering that many animals is not something you should be able to pay your way out of.
That and some quality time with a mental health care professional.
I would take this apology at face value. This young man made a mistake and is taking responsibility for it.
He is going to be judged by those who are qualified to do so and deserves a second chance, especially as he's willing to go and serve his country, as well as make restitution.
Yes Owen, I would hope that he will be remanded to see a mental health professional.
Alcohol is society's mental illness and anyone who promotes it in any way should go to AA and see the end result of what they promote.
Clueless, AA is for Alcoholics. Not for people who promote anything. You do not know what you are talking about, you are trying to push a view. Alcohol is not the problem. May be the problem for WWJD1 is wanting to let everyone know how he has Jesus and his uneducated interpretation of the Bible is for WWJD1 to play GOD.
WWJD1 needs to study some serious theology. Like most who hold similar views, however. WWJD1 is likely not to have sufficient intellectual preparation to study systematic theology, and would be frightened of what's there were he or she to undertake such a study. It's the eternal problem of making decisions with insufficient data.
I give him credit. He manned up admitted he was wr0ng and is fully ready to accept the fate that CR will give him. Most girls his age would not do that. Although I was outraged as most people were, I did not expect the accused to admit and apologize at all. I'll say that Shayne has learned alot just being in the military for this short time.
Most young men.
Well said Bud.
Right on, Bud! For once, you and I are in complete agreement.
Bud I agree with you……
Well, looks like things are just ducky now.
He must have quacked under the pressure and confessed.
Hopefully he'll never do any quack cocaine.
If he ever sees combat in the Marines, hopefully he'll be sure to duck and cover.
Why do they even let you post?
Of course he is a poor kid who made a stupid mistake let's ponder this; would he have admitted to anything if his friend had not been caught and gave him up or threatened to. Would he be admitting his part and feeling so remorseful if his military career were not on the line, a felony conviction and he is out of the Corps. If he truly felt so bad and was sooooo sorry for his action why did he wait so long to admit his part, it is not like the media did not make this story well known to all of us. Sorry no sympathy here a real man would have stepped up immediately.
A real man would not have killed the ducks to start with.
First off he was a teenager and I take it, that you never did anything you regretted after wards. We all did youthful transgressions of one sort or another, just some of us never got caught and never had to admit to it
Yes I did my share of stupid things when I was young but I NEVER EVER killed a living creature for the fun of it or what ever ignorant reason these two rockets scientists had for killing these creatures while they were locked in a pen with now way to defend themselves or escape. So because they were teenagers they get a pass?, get a clue teenagers are surpassing adults in crime statistics.
A neighbor ran over my dog and killed it on purpose, because he had it confused with that of another neighbor's that he didn't like. Nothing happened to him, but his wife and little girl in the car with him were traumatized and so were others who saw the dog die.
I can certainly forgive this kid, if this grown man did things like that and never apologized.
This kid has shown more decency already.
Never anything that involved killing another living creature.
That was just a stupid statement on your part.
I used to raise Canadian Geese and had neighbor boys get in the pen one spring and break all my geese eggs. I could of did something for sure, but didn't and they grew up to be decent adults. You on the other hand probably would of took tired them as adults and hung them.
You never heard of setting fire to cats, or shooting birds with BB guns, or tearing the wings off of Flies?.
Those were my feelings. At any rate, he did apologize, I can accept that…but how will the higher ups in the Marine Corps take it?
None of us is truly in a position to know the motivation of this young man in apologizing. Some have taken him at his word and others have looked for other reasons and rationale for the timing of the apology. I don't think he is asking for sympathy. An apology is act of contrition, not an act of trying to get others to see something through your eyes. It is an admission of a wrong, (when sincere, it is an act of sympathy by the person apologizing). We all have a choice as to whether or not we accept the apology.
I'm fairly sure that the Marines are aware of his actions. It would not surprise me if someone in the Corps had come to him with the idea of doing this. As to the timing, it is rare that an apology occurs in a timely manner. A good apology only occurs when someone has thought about their actions and decisions and determined in their own mind that they were wrong. A bad apology is one that is based solely on the initial reaction to something. These tend to be related more to public relations than to actual contrition.
I agree; why did he wait so long to admit his part. Is it because he may have a chance to stay in the Marines now since he admitted it whereas he would have been booted otherwise? I'm sorry, he may have joined the military to "serve his country" or he may have done it to escape his past…regardless of his motivation – can we sit back and accept that he is one of … THE FEW. THE PROUD. THE MARINES? What is there to be proud about in this situation? I think the appropriate punishment would be a dishonorable discharge. We don't need people fighting for "our freedoms" who belive they have the freedom to act and behave like he did. He is not a child. He is an adult and was when he did those attrocious acts, and as such should be held accountable for his actions.
ABSOLUTELY
Yes that would be wise. Take one young man who did something regrettable, then keep punishing him by denying him any chance to redeem himself.
Voila, we have created a future criminal.
Haven't you just described how our criminal justice system operates?
Yes I did. We seem to think that human lives are disposable. Sc re w up and you get thrown away.
This time it was ducks…what next time, a human?
Alcohol played a factor in this according to the article. How much do you want to bet that he hasn't quit drinking? I believe that people can turn their lives around…I don't believe it is sincere when they do it to get something out of it besides a clean conscience.
People make their own choices and should be held accountable for those choices -period. Once a person has lost the trust of society, bleeding heart liberals such as yourself, expect that the rest of us should simply accept him back into society. It isn't that simply. Trust and respect must be earned and I see that this person has done nothing to earn either. People always become remorseful when they face the consequences of thier actions. He is no different.
Frankly, this seems like a very effective way to get OUT of the Marine Corps., if one were so inclined.
from the story-"His reward for confessing and paying damages now would be to stay in the corps"
He wants to stay…
whether or not they let him is another story.
Shayne, if you read this, what you did was appalling but you're young and have many opportunities to do better and to live a life that will reflect well on you.
As far as I'm concerned, you should be forgiven and allowed the chance to be a productive member of society.
His letter is currently on the letters to the editor page, you could repost there…
Thanks, I did.
Do you really believe we should treat people according to what they might do in the future?
That could be applied to all of us. Also remember what I said before, about the values this country is founded on? Or are we not Americans anymore?.
That's how a society learns and moves forward – by learning from the past and applying changes to improve it in the future. You're right, it could be applied to all of us – me included. That's why I make the choices I do.
It is hard to not imagine what people will do in the future when all you have is a small glimpse into their past and case study upon case study of people evolving from killing and torturing animals (I would consider stoning ducks to death as torture) to killing and torturing humans.
Why is it that only us law-abiding people are the ones who are constantly preached to about the values our country was founded on? I think the people that would most benefit from that are the people that our committed the crimes against society. There's a reason why the US has one of the highest crime rates in the world and the most people incarcerated, many with more than one offense…it is because we are too liberal in our punishments and haven't come up with a way that proves to be the best deterent. I wouldn't say we aren't Americans anymore….however, I would challenge that this isn't the same America that our founding fathers breathed life into and fought so hard to have and nurture. Generation after generation has continued to cause the decline of our values and allow crime to rise. There has to come a time when people stand up and say we aren't going to take this anymore and get tough on these people until they can "prove" their worth to society again. Values have to be instilled in people, they don't just automatically have them just because their an American.
Because our laws are not supposed to be founded on retaliation, but on reform.
While the result is the same, breaking eggs is a bit different than killing a living breathing animal.
Stoning 40 living breathing ducks to death would have to be pretty horrific to watch. Anyone capable of that without compassion or empathy for the suffering you're inflicting really needs some help.
You forget, or don't know that there's more to your theory . This past abuse of animals, also includes other actions and starts at an early age, accelerating as the person grows up.
The theory you have, would have to apply to hunters, and everyone who ever kicked a dog.