Authorities drop investigation into alleged beating deaths of porcupines

The state Department of Environmental Conservation told The Daily Gazette on Friday it is dropping its investigation into a rash of porcupine deaths on the border between Albany and Schoharie counties, which some locals believed to be the work of a group of high school students.

Wildlife rehabilitator Kelly Martin sent a letter in May to sheriffs in Albany and Schoharie counties, detailing what she believed to be a ring of high school boys who drove around late at night with a specially designed club to beat porcupines to death.

Martin’s May 19 letter said she had noticed a dozen dead porcupines in the previous two months, which she said was too high a body count to have been caused by vehicles.

Martin lives in Berne in Albany County, and many of the porcupine deaths were reported to be on the border between Albany and Schoharie counties near Middleburgh.

Martin said she was approached by a Middleburgh Central School District employee two years ago who said they overheard a group of boys talking about killing porcupines.

“[The employee] overheard boys talking about killing porcupines with their own specially designed club,” said Martin in her letter.

Martin also said in her letter that she approached a high school girl that she’d heard was with the group of boys when the killings allegedly occurred.

“They laughed at her, claiming porcupines are nuisances,” wrote Martin, noting that the girl was disgusted and tried to shame the boys into stopping. “Never mind that they drive around to seek out these animals for the sole purpose of clubbing them to death.”

In a June interview with The Daily Gazette, Martin said she reached a “tipping point” where she had no choice but to inform law enforcement of what she knew.

“I was mortified, shocked. I just can’t even fathom that this is their idea of leisurely fun,” said Martin in June. “And clearly they’re old enough to drive.”

Martin did not return a request for comment on the news that DEC was dropping the case having made no arrests.

Albany County Sheriff Craig Apple was incensed when he learned of the alleged porcupine killings, telling the Times Union in May, “that’s a sick son of a [expletive] that would do this.”

Apple told The Daily Gazette in June that authorities expected to make arrests in the case under the Markets and Agriculture Law Article 26-353, which makes it a misdemeanor to “unjustifiably injure, maim, mutilate or kill any animal whether wild or tame.”

“When we do arrest them,” Apple said in June, “that is the law they will be charged under.”

Later in June, however, Apple said the investigation had been turned over to DEC.

DEC spokesman Rick Georgson said in a statement that the agency is dropping the case.

“DEC law enforcement officers determined that there is not enough evidence to prosecute any individuals under New York’s Environmental Conservation Law,” said Georgeson.

Georgeson said a dead porcupine which was alleged to have been beaten to death was examined by the agency’s wildlife health unit and cause of death was determined to be blunt force trauma.

“Evidence obtained at the scene suggests that the animal was hit by a vehicle,” said Georgeson. “Porcupines found along roadways in Schoharie County were too badly decomposed to determine the cause of death.”

Georgeson said any potential violations of other state, county or local laws are being investigated by the Albany and Schoharie sheriff’s offices.

Apple did not return a request for comment on DEC closing the case or whether his office will be continuing any investigation.

Schoharie County Sheriff Anthony Desmond said his office isn’t pursuing any investigation related to the porcupine deaths.

“They couldn’t tell if it got run over by a car or was beaten to death,” said Desmond, who was kept apprised of the case.

Several Gazette readers posted comments online and in a letter to the editor expressing concern that the adolescent torture of animals is often predictive of abuse against humans later in life.

“It is a fairly well-documented fact that oftentimes when kids abuse, torture or kill small animals, they sometimes, in later years, escalate their crimes and move on to human beings,” wrote Kathleen DeSalvatore of Schenectady in June. “Let’s just hope that the kids who murdered those poor, innocent porcupines do not follow this pattern.”

Georgeson said “it’s not uncommon for porcupines to be hit by vehicles as they are very slow moving animals.”

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