Pets/Animals

Crow Killer Faces Criminal Charges

ARVADA, Colo. (CBS4) ― An Arvada teenager is facing a cruelty to animal charge after running over a common bird that some people view as a pest. The teen says when he ran over a raven, or crow in June, it was an accident. A witness says it was intentional. The teen driver's brother calls the prosecution "a waste of time." Regardless, prosecutors and police in Arvada are pursuing the case saying the law is the law.

The incident occurred around 7 p.m. on June 13. Dustin McNutt, an Arvada High School graduate, was on his way to play video games at a friend's house. He was turning into an apartment complex along the 5800 block of Pierce Street when he ran over the bird, which was in or near the gutter.

"And they intentionally swerved out of their path to hit the bird on purpose," said Erin Dawe, a mother of two who was strolling on the sidewalk with her two young children.

Dawe said she was just a few feet away from the bird when McNutt's car ran it over. With no doubt in her mind that the driver had gone out of his way to crush the bird, Dawe called Arvada Police.

"It didn't need to happen, it wasn't in the way of their path," said Dawe. "They made the choice to do it anyway. I felt like they need to be held accountable."

In their reports, Arvada Officers wrote that McNutt initially "denied any intentional actions that would result in the bird's death." But a few minutes later, McNutt changed his story, admitting that "he had intentionally steered his vehicle into the gutter with the intent of striking the bird … he told (officers) he was unsure why he had done it."

With that, Police ticketed McNutt for cruelty to animals, which can carry a potential $999 fine and up to six months in jail.

Now McNutt says police pressured him into confessing.

"I was just admitting to doing it because they kept accusing me of lying to them," McNutt told CBS4. "I didn't run over it intentionally."

While he admitted seeing the bird from at least 100 feet away, McNutt said he couldn't slow, stop or swerve to avoid the bird.

"I was taught not to slam on the brakes and not to swerve or anything. I love animals," he said. "I did not mean to do it and would never intentionally do a thing like that."

But the witness, Dawe, believes the story is changing as McNutt realizes the trouble he's in.

"I'm 100% sure it was intentional," she said.

McNutt's older brother, Cody, ridicules Arvada authorities for pursuing the case.

"It's kind of scary that someone driving along in their car who hits an animal that doesn't get out of the road or fly out of the road can be charged with cruelty to animals," said Cody McNutt. "It's just a waste of time in my mind. It's not like a crow is a protected animal or anything."

Arvada Police representative Susan Medina reports the city investigates about 80 animal cruelty cases every year. While she says this one may seem "odd," it's really no different than any other animal cruelty case.

"Animals are living creatures," she said. "The ordinance does not differentiate between a dog or a cat or a horse or a bird. It's a situation where if a witness sees you swerve to strike an animal -- in this case a bird -- and the witness is adamant, there's a pretty good chance you're going to get a ticket. And the law is the law. Is it a waste of money? Not for us to say."

A passenger in the car, Matthew Enlow, also claimed the bird's death was an accident.

"We thought the bird would fly away," said Enlow. "It didn't move."

Dustin McNutt plans to contest the cruelty charge. A jury trial has been scheduled for Sept. 26. Arvada Police say even if McNutt is convicted, the prosecutor would not ask for jail time.

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