An Ohio prosecutor tired of a prolonged winter has indicted Punxsutawney Phil for fraud after the famed groundhog predicted an early spring.
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Butler County Prosecutor Michael T. Gmoser is also seeking the death penalty for Phil.
“It was kind of one of those brainstorm moments,” Gmoser told ABCNews.com. ”I woke up in a snow storm. The wind was blowing and howling. The temperature was in the teens.”
Gmoser indicted Punxsutawney Phil on one count of misrepresentation of Spring, an unclassified felony, against the peace and dignity of the state of Ohio. ”Phil let us down,” Gmoser said.
On Feb. 2, Punxsutawney Phil emerged from his burrow and did not see his shadow, predicting an early spring.
In his indictment, the prosecutor stated, “Punxsutawney Phil did purposely, and with prior calculation and design, cause the people to believe that Spring would come early.” Gmoser cited a snowstorm and record low temperatures in Butler County as evidence that Phil’s was prediction was grossly inaccurate.
