The 18-year-old told the judge the gull had swooped toward him as he and a friend ate lunch. Kendelski said he swung the bat to shoo the bird away and he never meant to kill it.
A judge fined Kendelksi $1,000 and ordered him to pay the $55 veterinary cost for euthanizing the injured bird.
The Asbury Park Press reports the charge was shifted to a civil case under a negotiated agreement.
Monmouth County Society for the Prevention of Cruelty to Animals Police Chief Victor Amato tells the newspaper the fine is the same and Kendelski is a kid who doesn't deserve a criminal record.
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Information from: Asbury Park Press, http://www.app.com
