Hawaii monk seal attack suspect could walk free as court filings reveal outrageous new excuse

A Washington state businessman accused of nearly crushing an endangered Hawaiian monk seal’s skull with a rock is using his airline’s in-flight programming to fight federal charges, aiming to make passenger warnings central to his legal defense.

Igor Mykhaylovych Lytvynchuk, 39, wants Delta Air Lines to turn over records of onboard videos, wildlife advisories and other passenger communications before his scheduled Nov. 16 trial, Newsweek reported.

His lawyers argue the material could shed light on what Lytvynchuk knew about Hawaii’s protected animals before he allegedly hurled the rock at the seal.

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But prosecutors say they have no evidence Delta showed passengers an educational video about local wildlife.

The legal gambit comes months after a May 5 encounter in Lahaina, Maui, that landed Lytvynchuk in federal crosshairs.

Video shows the businessman following a monk seal near the shoreline before throwing a large rock toward its head. The projectile reportedly missed the animal’s nose, prompting the seal to rear out of the water.

Witnesses confronted Lytvynchuk and told him they had contacted law enforcement. He allegedly responded that he was “rich enough to pay the fines” before leaving the scene.

His attorney, Myles Breiner, has pushed back against suggestions that his client intended to hurt the animal.Breiner previously told KHON-TV News that Lytvynchuk was trying to frighten the animal away from two turtles, known locally as honu.

Now, the defense wants to examine what Delta may have communicated to Lytvynchuk during his April 28 flight from Seattle to Maui.

In an Oct. 7 court filing, his lawyers argued the requested records could provide evidence about his state of mind and potentially affect sentencing.

Prosecutors said they were unaware of Delta airing anything comparable to Hawaiian Airlines’ Travel Pono video, according to the filing.

Introduced in September 2021, the five-minute program educates passengers about ocean safety, wildlife conservation and responsible tourism.

But Hawaiian Airlines’ efforts do not establish what passengers aboard a competing carrier were told.

Prosecutors also emphasized they were not claiming Delta showed such a video and noted the airline was not required to do so.

Lytvynchuk’s attorneys are seeking to postpone the trial to obtain the records, arguing that the absence of a warning could itself be relevant to the defense.

The filing does not establish that Delta had a legal duty to provide such a warning — or that missing information would excuse the alleged conduct.

Lytvynchuk was arrested near Seattle on May 13 by National Oceanic and Atmospheric Administration agents and charged May 26 with violating the Endangered Species Act and Marine Mammal Protection Act.He has pleaded not guilty to both charges and faces up to one year in prison for each if convicted.

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