SEA ISLE CITY — The man accused of killing a seagull this summer has decided to face a trial rather than pay a $250 fine after a judge said he could not donate his penalty to a local animal shelter.

According to, 56-year-old Andrew Frost from Philadelphia had asked to make the donation to the Shore Animal Control rather than pay a fine. Linda Gentille, the manager of the shelter, said the judge told Frost that donations are "not how it works."

On Aug. 25 several witnesses said they saw a man, later identified as Frost, kill the bird. Witnesses said they saw the man's arm move "forward in a very fast and deliberate motion," after which the smaller of two birds started to "flail" on the beach, according to Philly Voice. It was believed that the smaller bird had been a baby feeding from its mother.

It was not clear why the seagull was killed.

Frost was issued a disorderly persons summons, which carries a fine of between $250 and $1000 and up to six months in jail. The plea deal, according to the story, would have also eliminated civil and animal cruelty charges.

The incident with Frost came more than a week after another gull was killed in Ocean City. In that incident, a man told police he had hit the bird after it became aggressive, while witnesses told police it was the man who had been aggressive with the bird.

Frost's trial is scheduled to start in November, according to the Philly Voice.

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