Lawyer for man accused of hitting monk seal says he wanted to help turtles

The lawyer for a businessman accused of harassing an endangered Hawaiian monk seal is publicly defending his client after a viral video showing the incident 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) in an incident caught on camera by beachgoers earlier this month.

Lytvynchuk was arrested near Seattle last week and charged with harassment and attempted harassment of an endangered animal, in violation of the Endangered Species Act and the Marine Mammal Protection Act, according to the Justice Department.

If convicted, he faces up to a year in prison for each charge, as well as a fine of up to $50,000 under the Endangered Species Act and $20,000 under the Marine Mammal Protection Act.

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Lytvynchuk’s lawyer, Myles Breiner, recently defended his client and said he never intended to harm the animal.

“I want to be extremely clear with the public; it was never the intention to harm the monk seal,” Breiner told KHON-TV News.

According to Breiner, Lytvynchuk believed he was protecting sea turtles, or honus, that rested on coastal cliffs.

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A Hawaiian monk seal and her newborn pup rest on Waikiki beach in Honolulu on June 29, 2017. (Audrey McAvoy/AP)

“He wanted to scare the seal and drive it 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 were an endangered species and was influenced by his previous 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 was his experience.”

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A Hawaiian monk seal basks on a beach in Ko Olina, Oahu, Hawaii, on March 27, 2022. (Danielle Pellini/Unknown)

Prosecutors say a viral video and witness statements led to the charges. Lytvynchuk told witnesses he was “rich enough to pay the fines,” according to the complaint, and his attorney disputed that characterization.

“What are you doing? Why are you throwing rocks at him? Hello?” In the video, a woman can be heard screaming as a man wearing a white shirt and swimsuit throws a rock toward a seal off the Maui shoreline.

After witnesses confronted him, Lytvynchuk allegedly responded that he was “rich enough to pay the fines” if he got into trouble.

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A Hawaiian monk seal sleeps on a beach in Hawaii. (Ryan Jenkinson/Department of Land and Natural Resources, Hawaii)

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 allegations that he deliberately tried to damage the seal.

“He admits he made a bad decision, but the decision was not motivated by trying to harm the animal,” Breiner said.

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The lawyer also pushed back on reports claiming Lytvynchuk was rich enough to pay any fine.

“This was a misinterpretation,” Breiner said. “The explanation was: ‘I can afford it.'”

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Fox News Digital has reached out to Breiner for comment.

Fox News Digital’s Peter D’Abrosca contributed to this report.