COEUR D'ALENE, Idaho (AP) — A Kootenai County District Court judge has ruled that a woman who was found guilty in connection to the death of a hunter's falcon will not have her misdemeanor conviction dismissed, nor will she have to pay restitution.

The Coeur d'Alene Press reports that Judge James Stow ruled Monday that Patti MacDonald's conviction for pursuing a protected bird would remain. Prosecutors argued that MacDonald fractured the skull of the 8-year-old falcon named Hornet on Jan. 7 trying to save a mallard.

Both birds died that day. Stow did rule in favor of MacDonald when prosecutors asked for restitution. He denied the prosecution's request for restitution because there was not data supporting injuries to the hunter. MacDonald is scheduled to be sentenced on Sept. 28.