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Felony animal cruelty charges filed against teens in deer abuse case

It took more than a month, but the Pennsylvania Game Commission filed charges Friday in a case of animal abuse caught on video.

The incident took place on Nov. 30, in Brookville, according to the Game Commission, and the agency has been investigating since the video — reportedly taken by the defendants — was posted and shared with its Facebook page.

That video shows two males holding down and immobile white-tailed deer and repeatedly kicking it.

Alexander B. Smith, 18, of Brookville, and a 17-year-old whose identity was not released per game commission policy, are each charged with two felony counts of aggravated animal cruelty, two felony counts of conspiracy — aggravated animal cruelty, and several other misdemeanor and summary charges.

“The Nov. 30 incident for which Smith and his accomplice were charged has been seen by thousands of people worldwide who viewed the videos,” according to the Friday release. “The Game Commission became aware of the incident soon after the videos were posted when one viewer shared a video to the agency’s Facebook page. The agency immediately launched an investigation.”

“Each defendant was interviewed as part of the investigation and confirmed they were hunting together Nov. 30 in an enclosed tree stand on property Smith’s family owns in Beaver Township, Jefferson County,” according to the release. “The juvenile shot and wounded a buck, then missed with a follow-up shot. The deer was immobilized, video was taken, then shared through the messaging app Snapchat. One recipient of the video saved it to his phone and contacted the Game Commission, and his phone, as well as the defendants’ phones, were seized for forensic analysis.”

Smith was arraigned Friday before District Justice Gregory Bazylak and was released on $50,000 unsecured bail.

“Paperwork containing the juvenile’s charges also was filed today, which begins the process of the charges being sent to juvenile court,” according to the release.

The filing of charges brings to an end a thorough investigation about an incident that has drawn much attention and public outrage, Game Commission Executive Director Bryan Burhans said. Posts about the incident on the agency’s Facebook page have made clear the contempt hunters hold for the actions depicted in the video.

“Hunters care deeply about wildlife,” Burhans said. “It’s through their decades of dedication to the outdoors that we enjoy healthy and sustainable populations of wild birds and mammals, and that those wildlife species that encounter trouble are identified and afforded additional protection.”

“Hunters are taught at an early age to hunt ethically, to be respectful of the game they hunt, the property upon which they hunt and other hunters,” Burhans said. “The Game Commission’s Hunter-Trapper Education program emphasizes these longstanding principles to new hunters.”

The agency was criticized by some for not concluding its investigation and filing charges more quickly.

“Posts by followers of the game commission’s social-media pages made it clear that many were keeping track of the case as the investigation continued,” according to the release. “Some expressed frustration with the length of time it took for charges to be filed, but in cases where charges likely are to be brought under the state’s Game and Wildlife Code, it’s important to complete a thorough investigation before filing any charges because a hearing on the charges might be held soon afterward, and the case closed permanently.”

“Even in this case, where there was video of an unlawful act, investigators had to determine it happened in Pennsylvania, where the Game Commission has authority to file charges, as well as collect evidence to prove the teens committed the act and posted the videos,” according to the release.

“It’s easy to understand why people were outraged by the incident,” Pennsylvania Board of Game Commissioners President Tim Layton said. “But the worst-case scenario would have been rushing the investigation and heading into court with a case that wasn’t as strong as it could have been.

“Complicated investigations take time, and on behalf of the Board of Game Commissioners, I would like to commend the Game Commission, its Northwest Region Office and all of the game wardens who investigated the matter in cooperation with Pennsylvania State Police, local law-enforcement and the Jefferson County District Attorney’s office,” Layton said. “It’s a difficult job, and you do it extremely well.”

“Obviously, this case has generated a large amount of public outcry,” Jefferson County District Attorney Jeff Burkett said. “People have assumed that officers have been dragging their feet when, actually, the opposite is true. They have put a lot of hard work in on this case in order to present the case for prosecution. I commend the Pennsylvania Game Commission for their efforts in this matter.”

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