Hawaii Monk Seal Rock Attack: Suspect Blames Delta for No Wildlife Warning
Washington businessman Igor Lytvynchuk, charged with attacking an endangered Hawaiian monk seal, claims Delta Air Lines failed to warn him about protected wildlife.
Accused seal attacker subpoenas Delta Air Lines ahead of federal trial
A Washington state businessman charged with hurling a rock at an endangered Hawaiian monk seal is now demanding that Delta Air Lines hand over records of its in-flight entertainment, NY Post Metro reports.
Igor Mykhaylovych Lytvynchuk, 39, is seeking onboard videos, wildlife advisories and other passenger communications tied to his April 28 flight from Seattle to Maui — roughly a week before the incident in question. His trial is scheduled for Nov. 16.
Defense attorneys argue the Delta records could illuminate what Lytvynchuk knew about Hawaii's protected marine animals before the alleged attack. Prosecutors, however, say they have no evidence the airline aired any educational content about local wildlife.
The underlying incident occurred on May 5 near the shoreline in Lahaina, Maui. Video footage shows Lytvynchuk following a monk seal before throwing a large rock toward its head. The projectile reportedly came close to the animal's nose, causing the seal to rear out of the water. Witnesses confronted him at the scene and told him they had alerted law enforcement. He allegedly replied that he was "rich enough to pay the fines" before walking away.
His attorney, Myles Breiner, has disputed that his client intended to harm the animal. Breiner previously told KHON-TV News that Lytvynchuk was attempting to scare the seal away from two sea turtles — known locally as honu.
In an Oct. 7 court filing, defense lawyers contended the Delta materials could bear on Lytvynchuk's state of mind and potentially influence sentencing. They are also seeking a postponement of the trial to allow time to obtain those records, arguing that the absence of a formal warning could itself be relevant to the case.
Prosecutors referenced Hawaiian Airlines' Travel Pono video — a five-minute program introduced in September 2021 covering ocean safety, wildlife conservation and responsible tourism — but noted that what a competing carrier showed its passengers is an entirely separate matter. They also stressed they were not asserting that Delta had any legal obligation to screen such content.
The court filing does not establish that Delta held a duty to issue wildlife warnings, nor that the absence of such a warning would excuse the alleged conduct.
Lytvynchuk was arrested near Seattle on May 13 by agents from the National Oceanic and Atmospheric Administration. He was charged on May 26 with violating both the Endangered Species Act and the Marine Mammal Protection Act. He has pleaded not guilty to both counts and faces up to one year in federal prison on each charge if convicted.
Source: NY Post Metro