BOULDER, Colo. (CBS4) – A 19-year-old man will stand trial on charges of animal cruelty for allegedly beating a raccoon to death last fall.
Nicholas Foti pleaded not guilty to the charges in a Boulder courtroom on Monday. Two other teens charged in the case, Lucas Holton and August Noble, both reached plea deals in the case.
Foti is set to go to trial on Aug. 27 on a felony charge of aggravated cruelty to animals.
Witnesses reported seeing three men beating the raccoon on University Hill in early November 2011.
At the time, Foti reportedly told police he said he did it because the animal was getting into their trash. He said he hit the animal harder than he meant to and tried to “put down” the raccoon by continuing to hit when he realized he had seriously injured the animal.
Holt pleaded guilty Friday to a count of misdemeanor cruelty to animals. The judge sentenced him to one year probation and was ordered to participate in a restorative justice program, which may include community service.
Noble pleaded guilty in February to one count of false reporting and received a 12 month deferred sentence. He was also ordered to serve 48 hours of community service.
A necropsy was performed by a Colorado State University veterinarian, who determined that the raccoon had died of blunt-force trauma to the head.