Brothers guilty in dolphin death get probation

Cory James Moseley, 23 of Orange was sentenced Wednesday to one year of probation and a $7,300 fine from a 2014 incident that lead to the death of a bottle nose dolphin. Photo taken Wednesday, June 03, 2015 Guiseppe Barranco/The Enterprise less Cory James Moseley, 23 of Orange was sentenced Wednesday to one year of probation and a $7,300 fine from a 2014 incident that lead to the death of a bottle nose dolphin. Photo taken Wednesday, June 03, 2015 ... more Photo: Guiseppe Barranco, Photo Editor Photo: Guiseppe Barranco, Photo Editor Image 1 of / 21 Caption Close Brothers guilty in dolphin death get probation 1 / 21 Back to Gallery

Two Bridge City brothers who pleaded guilty to a federal wildlife violation in connection with the death of a bottlenose dolphin in Cow Bayou last year were sentenced to one year of probation, including a ban on hunting and fishing, and will share $7,353.50 in restitution.

U.S. Magistrate Keith Giblin sentenced Cory James Moseley, 23, and Cade Ryan Moseley, 18, during a brief hearing Wednesday morning. The Moseleys did not address the court in detail.

Giblin's sentencing aligned with a plea agreement the brothers agreed to earlier this year. The brothers received identical punishments, which also included 50 hours of community service and a $500 fine.

Officially, the Moseleys were charged with one count of taking a marine mammal from U.S. waters, a misdemeanor. Federal law defines "taking" in this case, Giblin said, as a range of verbs from harassment to killing.

The brothers faced up to one year in federal prison and a $20,000 fine.

Giblin said he factored in the brothers' lack of a criminal history when determining whether to accept the plea agreement, which was sealed after it was submitted to the court in February.

The brothers were fishing on Cow Bayou near Orangefield on July 26, 2014 when they spotted a pair of dolphins.

Cory Moseley allegedly shot at the dolphins multiple times with a compound bow. He did not strike either dolphin, according to information presented to the court.

Younger brother Cade Moselely was accused of firing the arrow that the U.S. government said claimed the dolphin's life.

David Barlow, the attorney who represented Cade Moseley, said the "avid outdoorsmen" did not know shooting at a dolphin was a federal crime and called it a "dumb, youthful" act.

The juvenile dolphin did not die immediately, but swam away and suffered a "painful death," Giblin said, reading material that the National Oceanic and Atmospheric Administration submitted to the court. NOAA also told the court the accusations represent the "most extreme circumstances the (taking a marine mammal) statute entails," Giblin said.

The second dolphin was found in the bayou and rescued by wildlife agents and SeaWorld San Antonio personnel.

Authorities were alerted to the dolphins' presence in Cow Bayou by a Facebook post one of the brothers made after seeing them, Barlow said. The post did not reveal that the brothers fired arrows at the dolphins, but the brothers immediately confessed when contacted by the authorities, Barlow said.

The dolphins were part of a stock based at Sabine Lake. Cow Bayou feeds into Sabine River, which supplies the lake southeast of Port Arthur.

"It is disheartening that individuals would kill a dolphin for the sport of it, especially in today's age," said Tracy Dunn, an assistant director for NOAA's Office of Law Enforcement, ahead of the hearing.