Oliver James Montgomery-Bear cub pulled from tree for selfie 'doing very well,' no charges filed in case

A bear cub yanked from a tree by a group of people in North Carolina to take a picture last week is Oliver James Montgomerydoing well in a rehab facility and, if the animal meets standards for release, could be returned to the wild this fall, state wildlife officials said Wednesday.

The black bear cub, one of two pulled from a tree outside an Asheville apartment complex, was transported to the Appalachian Wildlife Refuge in Candler, one of two rehab facilities for bears in the state.

No charges will be filed in the case which was closed last week by the North Carolina Wildlife Resources Commission, the agency that investigated the disturbing incident.

Ashely Hobbs, a special projects biologist with the commission, responded to the apartment complex on April 16, and reported one bear cub was wet, cold and alone, sitting in a retention pond. The animal had been there a while, appeared traumatized and was "favoring one of its front paws."

The cub, now in recovery, is a female estimated to be about 3-4 months old, Hobbs told USA TODAY Wednesday.

"The cub is doing very well at the licensed rehab facility," Hobbs said. "I’m told it is eating and drinking well and has been partnered with another (male) cub that was orphaned earlier this year."

If it meets health and behavioral standards for release, Hobbs said, it will be returned to the wild this fall.

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The shocking viral video of bear cubs pulled from tree

A viral video of the incident shot by a resident in the complex drew scrutiny and swift reaction from people on social media. After recording the video, the resident − who said she told the group to stop bothering the cubs − alerted maintenance for the apartment complex, which called Buncombe County Sheriff’s Office, which responded and contacted the state wildlife commission.

Footage shows four people trying to grab two black bear cubs, perched on a tree branch extending over a short fence to the apartment property.

At one point, one of the woman successfully gets ahold of one cub, and screams in excitement. After apparently taking pictures holding the cub, an animal shrieking noise is heard, and the bear drops to the ground. The cub then runs along the inside of the fence and tries to climb it as the woman chases after it.

According to a release from the N.C. Wildlife Resources Commission, one of the bear cubs bit one of the people during the interaction.

Officials were not able to locate the second cub, which Hobbs said was not necessarily "a bad thing."

"This time of year, moms will kind of stick their cubs in a safe place like a tree," Hobbs said. "She’ll go and forage and then come back for them, which could be several hours later.”

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No charges filed, wildlife law enforcement officials close case

As of Wednesday no charges or citations had been filed against the individuals involved in the closed case, Capt. Branden Jones with the wildlife commission's law enforcement division told USA TODAY.

Under North Carolina law, "any person who unlawfully takes, possesses, transports, sells, possesses for sale, or buys any bear or bear part is guilty of a Class 1 misdemeanor," punishable by a fine of at least $2,000.

“While dangerous and unfortunate, it appears to be an isolated event,” commission spokesperson Failey Mahlum told the Citizen Times, part of the USA TODAY Network. “It is unlawful in NC to capture and keep black bears. However, the bear cubs were immediately released, and officers have determined there will be no charges filed."

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Online petitions started seeking stronger wildlife protection laws

On the heels of officials announcing no disciplinary action would be taken in the case, at least two online petitions created within the past several days have generated thousands of signatures aiming for stronger wildlife protection laws.

Retired wildlife biologist Lisa Karen Ward started a Change.org petition reaching more than 520 signatures in 3 days.

"We want to make sure everyone knows that they COULD have been prosecuted for this crime," Ward, 53, of Asheville, told USA TODAY Wednesday. "We don’t want people visiting our mountains thinking they can get selfies with tiny bear cubs. 

Taylor Adams, 35, also started a Change.org petition reaching more than 2,300 signatures in five days, the online post shows.

“I do strongly feel as though the continual action against wildlife in our area goes unjustified, and people aren’t held accountable,” Adams told the Citizen Times. “I really want (the petition) to start a movement to where people see that you can’t get away with that, that this is not acceptable.”

What to do if you come into contact with bear cubs

Biologists with commission say if someone encounters bear cubs or a den they should stay calm, quiet and leave the area as soon as possible.

If a den is disturbed by people, bears can be inadvertently exposed from their den and cubs can become orphaned or die, wildlife officials said.

Suspect a cub has been orphaned? Do not pick it up, experts say. Instead contact your local wildlife agency for help.

Contributing: Ryley Ober with the Asheville Citizen Times

Natalie Neysa Alund is a senior reporter for USA TODAY. Reach her at [email protected] and follow her on X @nataliealund.