By Philip Sean Curran, Staff Writer
Princeton Animal Control Officer Mark Johnson was cleared Monday of not having a state-issued permit when he shot two beavers last year in a township park.
At a hearing in Hamilton municipal court, Judge R. Douglas Hoffman ruled that Mr. Johnson was not technically a “person” under a state law that requires an individual to get such a permit and that the law therefore did not apply to him. He found that Mr. Johnson, in his official capacity, was “a step above” the average citizen and determined Mr. Johnson “should be able to do this.”
As a result, the judge dismissed a case that stemmed from when Mr. Johnson shot two beavers in the Pettoranello Gardens section of Community Park North in May 2011. It was not immediately known if Monday’s decision would be appealed.
Mr. Johnson left court directing all comment to Borough Administrator Robert Bruschi. Princeton Health Officer David A. Henry, who was in court with Mr. Johnson, likewise directed comment to Mr. Bruschi.
”I’m happy to see it brought to closure,” Mr. Bruschi said in an email. “Further, it did provide us the impetus to go through all of our Animal Control Policies and make sure that we are in sync with what the state requires. That would be the silver lining in the cloud.”
During oral arguments before the judge, Mr. Johnson’s lawyer said Mr. Johnson was removing nuisance animals that were building dams and causing flooding. Attorney James G. O’Donohue said Mr. Johnson sought direction on what to do. He spoke with neighbors in the impacted area and contacted state and township officials.
Mr. O’Donohue told the judge that “something needed to be done” and that Mr. Johnson was “solving a problem.”
Hamilton municipal prosecutor D.G. Sarsfield told the judge Mr. Johnson never had a permit and that the law makes no exception for animal control officers. For his part, Mr. O’Donohue argued the law was not intended to apply to animal control officers.
Afterward, Mr. Sarsfield said there is time to consider whether to appeal the ruling. “We will be reviewing the court’s determination,” said Larry Hanja, a spokesman for the Department of Enivronmental Protection, on Monday.
The state Division of Fish and Wildlife, which falls under the DEP, had issued a summons to Mr. Johnson for killing two beavers without a permit, an offense that carried a fine of up to $200.
The case was heard in Hamilton to avoid a conflict of interest. The case could not be heard in municipal court in Princeton because Mr. Johnson is an employee as is the municipal court judge.

