A 44-year-old man who bludgeoned an elephant seal pup to death near downtown San Diego said the animal “needed to be put out of its misery,” witnesses testified on Tuesday.
Roy Lee Miller was bound over for trial and faces an animal cruelty charge that, if convicted, could land him behind bars for eight years.
Witness Mark Balentine said he and defendant Roy Lee Miller, both transients, had been drinking a bottle of vodka last February and were extremely inebriated. That's when they heard a nearby seal squawking. Miller thought the animal was in pain, the witness said.
“It was like a baby screaming. It was horrible,” Balentine said.
Elephant seals are not common in San Diego and make loud, high-pitched calls that can resemble distress calls to those not familiar with the species.
Miller then approached the seal pup, which was at Spanish Landing near the San Diego International Airport, and repeatedly hit it over the head with a rock, prosecutors contend.
Harbor police officers said Miller admitted to next day to killing the seal.
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It appeared the animal was in pain and alive after the initial alleged attack. A marine biologist who examined the seal after its death noted substantial bruising on the seal’s head, and at least seven fractures to its skull.
"All indications from activities in the field are the animals respond to a painful reaction to,” said biologist Dorian Houser. “They certainly respond to needle sticks when we have to draw blood so yes they very much have the ability to feel and are aware of pain."
Miller’s defense attorney contends his client really thought he was putting the seal out of its misery.
Prosecutors pointed out, however, that Miller had a cellphone with him, but didn’t call police or SeaWorld.
