Lacey Raccoon Slaying Investigation Raises Concerns From Experts

LACEY, N.J. — In early December, a video circulated featured a teenage boy beating a raccoon to death while another teenage boy egged him on. Officials announced Dec. 11 that the Lacey Township Police Department, Ocean County Prosecutor's Office and New Jersey Division of Fish and Wildlife were investigating the matter.

The video circulated beyond Lacey. The raccoon gets stuck in a trap. As one teen beats the raccoon with an aluminum bat, the other says, "Hit him! Hit him! Hit him hard now."

The deadly beating was posted online for anyone to see. More than 7,000 people have signed a petition for justice on the matter. Yet how, or if, the boys faced any punishment remains unclear to the public. That unclarity has several animal cruelty law experts and concerned citizens asking the same question: Why?

Former Gov. Chris Christie, in his last full day in office, signed into law a measure stripping the New Jersey Society for the Prevention of Cruelty to Animals of its ability to enforce animal-cruelty laws. That shifted the power to county prosecutors.

In statements about the investigation on Dec. 11 and Dec. 21, Lacey Police Chief Michael C. DiBella said "an updated news release will be forthcoming upon conclusion of the investigation."

Read more: Video Of Teen Beating Raccoon To Death In Lacey Probed

But it appears the public may never know how criminal law enforcement handled the matter. OCPO Press Officer Bryan Huntenburg sent Patch the following statement Tuesday:

"The Lacey raccoon incident from December 2018 was thoroughly and completely investigated by the Lacey Township Police Department, the Division of Fish and Wildlife, and the Ocean County Prosecutor’s Office. Please be advised that this office has two (2) assistant prosecutors who are assigned to prosecute alleged violations of the animal cruelty statutes, and we as an agency are aware of our responsibilities regarding the prosecution of persons who are alleged to have violated Title 4.

"As you are know, this investigation involved juveniles. It would illegal for this office, as a law enforcement agency, to offer public comments on an investigation involving juveniles. This has been the official position we have taken with members of the public who have contacted our office expressing concern over the incident in question. We have advised those inquiring members of the public that this matter was fully investigated by this office, the Lacey Township police Department and the Division of Fish and Wildlife, but that we cannot comment any further in terms of the outcome of the investigation and/or disposition of same."

Several experts in animal cruelty law told Patch that not revealing whether charges were enforced does the public a disservice.

"It pretty much says, ‘This brutality is not going to be answered by the Ocean County prosecutor,’" said Stuart Goldman, the former head of the Monmouth County Society for the Prevention of Cruelty to Animals. "The next time it happens, how could he (Ocean County Prosecutor Bradley D. Billhimer) do anything?"

The Division of Fish and Wildlife does not have authority to prosecute animal cruelty cases. They can pursue legal remedies, such as removal of trapping licenses.

The Lacey slaying fell within New Jersey's raccoon trapping season. A person can obtain a license at age 12. But Goldman wrote a legal brief on why he doesn't believe the killing was legal. He presented a 1972-73 case in the Supreme Court of New Jersey: Township of Chester v. Mario Panicucci.

The defendant, a hunter, appealed a motion that he violated a township ordinance relating to possessing a loaded gun. The Supreme Court held that enactment of State Gun Control Law, which included provision relating to hunters, did not preclude violating township law.

"Consequently, defendant cannot point to inaction on the part of the Division of Fish Game and Wildlife as indicative of a waiver of prosecution on the part of the State," Goldman wrote.

Goldman argues that although trapping the raccoon may have been legal, the method of killing was not.

"The animal was beaten all over its body not just its head indicating no knowledge or experience in performing the killing," Goldman wrote, stating this violates the animal cruelty statute regarding "recklessly and cruelly beat a living animal," a third-degree crime.

Dante Di Pirro was senior deputy attorney general in charge of litigation in the Division of Law and served as vice chair of the Governor's Animal Welfare Task Force from 2003-04. DiPerro wrote a letter to Billhimer dated Feb. 28 urging him to prosecute the "torture and killing."

"A raccoon trapping license permits the holder to trap and "take" a raccoon, but nowhere does it permit that it be done in a manner that involves torture," Di Pirro said.

"(The OCPO) has not been transparent with the public and has not responded to inquiries by citizens and interested groups," Di Pirro continued. "It may be that the OCPO simply fails to recognize that wildlife is entitled to protection from the animal cruelty laws."

Di Pirro noted the boys laughed during the video and then it was "proudly posted" on social media.

"Even if they did not get the maximum sanction, filing the charges and obtaining a conviction or guilty plea would provide important deterrence against the torture of other animals in the future by these perpetrators or by other," Di Pirro told Patch.

Angi Metler is executive director for the Animal Protection League of New Jersey. Concerned Lacey resident Pat Doyle, who is also an attorney, contacted the APLNJ about the killing. Metler instructed members to contact the OCPO and New Jersey's Office of Attorney General.

Metler wrote a letter to Attorney General Gurbil S. Grewal dated March 8 urging his office to review the incident. "In Open Public Records Act requests, we were denied any information related to this case, because the perpetrators are juveniles and the records on file are part of a 'criminal investigatory record,'" Metler wrote.

She hasn't received a response. The OAG did not return comment in time for publication.

The OCPO has prosecuted cases of animal cruelty since Billhimer took the position in October. A Tuckerton woman was sentenced to 60 days in jail last February after 16 dogs were recovered from her uninhabitable home. Metler says it is unclear whether "clear-cut" cases of animal cruelty involving wildlife will be prosecuted in Ocean County.

"Was it because the animal wasn’t a dog?" Meter told Patch. "Would it have been adjudicated if this was two boys beating up a dog? I don’t know. I just know it’s not as nuanced as some people think. It’s pretty clear-cut if you view the video."

Concerned citizens, activists and experts have met about the killing and fought for enforcement and transparency that keeps the teens' names confidential.

"The prosecutor lost an opportunity to help these kids," Doyle said. "The law, which applies to juveniles, permits community service and counseling."

But months have passed, and the outcome of a killing caught on video and shared to the world remains uncertain.

"This case is done. It doesn’t take investigation. This work is done for them," Goldman said.

Click here to get Patch email notifications on this or other local news articles or get Patch breaking news alerts sent right to your phone with our app. Download here. Follow Lacey Patch on Facebook. Have a news tip? Email josh.bakan@patch.com.