2 construction workers charged with animal cruelty, destroying bird nests in Balboa tree-removal case

Two men were charged with four misdemeanors Thursday in connection with the May removal of a ficus tree in a Newport Beach neighborhood that housed migratory and protected birds.

The Orange County district attorney’s office charged Stephen John Esser, 47, of Dana Point, and David Roger Stanley, 40, of Downey, with one count of animal cruelty, one count of unlawful possession and destruction of bird nests/eggs, one count of unlawful taking of migratory nongame birds and one count of harassing a bird or mammal, according county prosecutors.

“To have these charges finally filed is bittersweet for us,” said resident Shelley Ervin. “We are so grateful that it’s happening, but at the same time it doesn’t make up for the loss of life.”

Both Esser and Stanley were employed at the time with Tim Greenleaf Engineering, officials said. It is unclear whether they still work for the company. The firm has not responded to requests for comment.

On May 28, Esser and Stanley allegedly used a backhoe-type excavation vehicle to cut down a ficus tree that was housing about eight or nine snowy egret and black-crowned night heron bird nests on Balboa Peninsula Point.

The tree removal was part of a lot demolition in the 1500 block of East Balboa Boulevard.

The nests in the tree contained nestlings, or baby birds not yet ready to fly, and fledglings, which are baby birds learning how to fly, according to prosecutors.

Residents said they approached the two men and asked them to stop removing the tree when they witnessed the distressed birds circling above the ficus and baby birds falling to the ground.

Investigators believe that about 12 nestlings fell out of the tree, five of which did not survive, according to a press release issued by the district attorney’s office.

“The defendants are accused of proceeding to cut down the tree knowing there were birds living in the tree,” the release states.

The seven surviving baby birds were found among the scattered tree branches and taken to the Wetlands and Wildlife Center in Huntington Beach.

Peninsula Point residents who witnessed the events gathered at a neighborhood park this month to help release the birds back into the wild.

“Something like this that is so brutal, so senseless, it affects you deeply,” Ervin said.

If convicted on all charges, Esser and Stanley each face a maximum sentence of one year and six months in jail. The pair could also be forced to pay roughly $20,000 total in restitution to the Wetlands and Wildlife Center for the surviving birds’ care, said Deputy District Attorney Jennifer Malone.

Esser and Stanley are out of custody and are expected to be arraigned on Aug. 28 at the Harbor Justice Center in Newport Beach.