Cape Coral man arrested, admitted to destroying burrowing owl nests

A Cape Coral man was arrested Friday after admitting to investigators that he authorized the destruction of six burrowing owl nests on a construction site in the city.

Jerlis Villalba, 52, the owner of the construction company Villaba Homes, was charged with intentionally killing or wounding a threatened or endangered species, its eggs, or its nest — a third-degree felony. Villaba was arrested by the Florida Fish and Wildlife Conservation Commission, in conjunction with the State Attorney’s Office 20th Judicial Circuit in Lee County.

Villalba and his crew were doing landscaping work at 904 SE 33rd Terrace when he instructed the crew to clear the land up to three feet away from the burrows of the state-protected species, sometime between October 2, 2017 and June 12, 2018, reads a probable cause affidavit from FWC.

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FWC and Cape Coral recommendations and permitting stipulated that a 33-foot buffer was needed around the burrow during nesting season, which is when the construction occurred, according to the documents.

"Villalba admitted that he knew that burrowing owls and their burrows were protected, and decided to get so close to the burrows because he hadn't seen any burrowing owls for some time," the documents read. "It was confirmed through FWC's permitting database that no permit for the removal of the burrowing owl burrows was issued for the involved property."

The documents say Villalba and the neighbors near the property knew the burrows contained burrowing owls. The burrows were listed on the construction site plan, and four of the burrows were listed on permitting applications, according to the arrest documents.

"As a direct result of the construction activities, all six burrowing owl burrows were destroyed and rendered uninhabitable, which was confirmed by an FWC biologist," the documents read.

Villalba's arrest warrant says his bond will be set at his first court hearing.

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