The attorney for a businessman accused of harassing an endangered Hawaiian monk seal is publicly defending his client after a viral video captured the incident and sparked outrage online.
Igor Mykhaylovych Lytvynchuk, 38, of Covington, Washington, is accused of throwing a rock at the head of an endangered Hawaiian monk seal — one of the rarest marine mammals in the world — earlier this month in an incident caught on camera by beachgoers.
Lytvynchuk was arrested near Seattle last week and charged with harassing and attempting to harass an endangered animal in violation of the Endangered Species Act and the Marine Mammal Protection Act, according to the Department of Justice.
If convicted, he could face up to one year in prison on each charge, along with a fine of up to $50,000 under the Endangered Species Act and up to $20,000 under the Marine Mammal Protection Act.
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Lytvynchuk’s attorney, Myles Breiner, recently defended his client, saying he never intended to injure the animal.
“I want to be resoundingly clear to the public — he never intended to injure the monk seal,” Breiner told KHON-TV News.
According to Breiner, Lytvynchuk believed he was protecting sea turtles, or honu, resting on shoreline rocks.
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“He wanted to scare the seal away from the honu he saw there,” he said. “Apparently, there were two large turtles and one had already been knocked off the rock by the seal.”
Breiner also said his client did not know Hawaiian monk seals are an endangered species and was influenced by prior experiences with aggressive sea lions while fishing in Washington state.
“Sea lions are very aggressive,” Breiner said. “They’ll take your bait, they’ll take your fish — that’s been his experience.”
Prosecutors say a viral video and witness accounts helped lead to the charge. According to the complaint, Lytvynchuk told witnesses he was “rich enough to pay the fines,” a characterization his attorney disputes.
“What are you doing? Why would you throw a rock at it? Hello?” a woman can be heard shouting in the video as a man wearing a white shirt and swim trunks throws a rock toward the seal on a Maui shoreline.
After witnesses confronted him, Lytvynchuk allegedly responded he was “rich enough to pay the fines” if he got into trouble.
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Business records show Lytvynchuk owns a logistics and trucking company based in Kent, Washington.
Breiner said his client plans to take responsibility for violating the law but disputes claims that he intentionally tried to hurt the seal.
“He recognizes he made a bad decision, but the decision wasn’t based on trying to hurt the animal,” Breiner said.
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The attorney also pushed back on reports claiming Lytvynchuk said he was wealthy enough to pay any fines.
“That was a misinterpretation,” Breiner said. “The statement was, ‘I can afford it.’”
Fox News Digital has reached out to Breiner for comment.
Fox News Digital’s Peter D’Abrosca contributed to this report.
