Man acquitted in zoo grizzly-grotto incident

A jury acquitted a mentally troubled man Tuesday of charges that he unlawfully disturbed two bears when he went into the San Francisco Zoo’s grizzly grotto.

Kenneth Herron, 21, had been accused of trespassing and disturbing dangerous animals in the Sept. 26 incident, in which he sneaked into the home of two 6-year-old, 500-pound female grizzlies at closing time. One bear sniffed his shoe but fled after zoo officials fired a warning shot.

The acquittal came a day after Superior Court Judge Wallace Douglass tossed out the misdemeanor trespassing charge, ruling that Herron’s brief stay in the grotto did not meet the legal definition of trying to “occupy” the enclosure.

On Tuesday, Douglass told the jury that for Herron to be convicted of the lone remaining misdemeanor count of disturbing dangerous animals, prosecutors had to prove that he had known he was entering a bear enclosure.

The defense lawyer then argued that not only had Herron not done anything to disturb the bears, his mental illness prevented him from realizing he was in the animals’ grotto.

After the incident, Herron told authorities that he had heard the voice in his head of Tyson Beckford, a popular male model, telling him to save a girl in distress.

Prosecutors countered that it was clear that Herron’s conduct would disturb the bears and that even in his fantasy world, Herron knew he going into a bear den.

One juror, who did not want his name used, said the panel had extensive discussions over the legal definition of “disturbance.”

“A lot of people felt that because the bear didn’t immediately get up when he went in, it wasn’t ‘disturbing’ ” to the bear, the juror said.

In the end, he said, the jury concluded that there was not enough evidence to show that Herron “willingly went into the bear enclosure,” given his mental state.

Prosecutors said they were disappointed with the outcome.

“The unusual facts, mental health issues and vague statutory terms made for a difficult case,” said Brian Buckelew, spokesman for the district attorney’s office.

Herron’s attorney, deputy public defender James Conger, said, “The criminal justice system is not the appropriate forum for a case like this.”

The judge ordered Herron to be released. He is still sought on a misdemeanor warrant out of Union City involving a domestic violence incident.

For more news click Prosecutors Wrestle Unsuccessfully With a Bear of a Misdemeanor Case