According to court documents Sparks is accused of shooting an immature bald eagle which was sitting in a tree near Sparks residence on February 10. The eagle was found struggling on the ground that morning by two men who were working in the area. When the men realized that the bird was injured, they contacted game wardens from the Tyler Office of Texas Parks and Wildlife. On March 17, a complaint was filed alleging that Sparks violated the Endangered Species Act by the unlawful taking of a bald eagle which is listed as a threatened species. Today the U.S. Attorneys Office filed a two count information incorporating that complaint and adding a second count alleging violation of the Bald Eagle Protection Act. Bald Eagles are protected not only by the Endangered Species Act, but the Bald Eagle Protection Act passed by Congress in 1940. Judge McKee released Sparks on a $5,000 bond and ordered him to turn over his firearms to a third party until the resolution of the charges. If convicted, Sparks could face a maximum sentence of two years in prison and a $200,000 fine or both. Noting that an information is merely a charge is important and therefore should not be considered as evidence of either guilt or innocence.
The young eagle, believed to be female, is being cared for at the Last Chance Forever raptor rehabilitation center in San Antonio. A staff veterinarian Dr. Melissa Hill said the eagle sustained injuries to the leg and wing, resulting in a broken wing and some bone loss. Although the bird is "alert and spunky" it is not known at this time whether the bird can be released back into the wild.
The case was investigated by the Texas Parks and Wildlife Service, the Texas Department of Public Safety Crime Laboratory in Tyler, the United States Fish and Wildlife Service and its National Forensic Laboratory in Ashland, Oregon. Assistant United States Attorneys Alan Jackson and Gregg Marchessault are prosecuting the case.