WUSA) -- Eleven-year-old aspiring veterinarian, Skylar Capo, sprang into action the second she learned that a baby woodpecker in her Dad's backyard was about to be eaten by the family cat. "I've just always loved animals," said Skylar Capo. "I couldn't stand to watch it be eaten." Skylar couldn't find the woodpecker's mother, so she brought it to her own mother, Alison Capo, who agreed to take it home. "She was just going to take care of it for a day or two, make sure it was safe and uninjured, and then she was going to let it go," said Capo. But on the drive home, the Capo family stopped at a Lowes in Fredericksburg and they brought the bird inside because of the heat. That's when they were confronted by a fellow shopper who said she worked for the U.S. Fish and Wildlife Service. "She was really nervous. She was shaking. Then she pulled out a badge," said Capo. The problem was that the woodpecker is a protected species under the Federal Migratory Bird Act. Therefore, it is illegal to take or transport a baby woodpecker. TheCapo family saysthey had no idea. "I was a little bit upset, because I didn't want my mom to get in trouble," said Skylar. So as soon as the Capo familyreturned home, they say they opened the cage, the bird flew away, and they reported it to the U.S. Fish and Wildlife Service."They said that's great, that's exactly what we want to see," said Capo. "We thought that we had done everything that we could possibly do." But roughly two weeks later, that same woman from the U.S. Fish and Wildlife Service showed up at Capo'sfront door. This time, Capo says the woman was accompanied by a state trooper. Capo refused to accept a citation, but waslater mailed anotice to appear in U.S. DistrictCourtfor unlawfully taking a migratory bird. She's alsobeen slapped with a $535 fine. "I feel harassed and I feel angry," said Capo. "Kids should be able to save a baby bird and not end up going home crying because their mom has to pay $535. I just think that's crazy," said Skylar. If convicted, Capo could face up to a year behind bars. Virginia State Police just released the following statement: "We have confirmed that the US Fish and Wildlife agent requested our presence when they served their federal summons. The trooper stood on the porch and said nothing. We had nothing to do with the charge." UPDATEThe U.S. Fish and Wildlife Service issued this statement at around 12:30 p.m. Tuesday, August 2nd: "On June 13, a special agent with the U.S. Fish and Wildlife Service observed a woman carrying a cage that contained a woodpecker at a home improvement store in Fredericksburg Virg./>
