BOULDER, Colo. (CBS4) – A former Boulder police officer has avoided jail time for his part in the killing of an elk.

Brent Curnow was accused of plotting to kill the elk with another officer. Now he will plead guilty in an agreement with prosecutors.

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Curnow accepted a 2-year deferred sentencing plea deal, 60 days home detention and a $10,000 fine. If he stays out of trouble for 2 years and abides by the terms of his probation the most serious felony charge in the case will be wiped from his record.

District Attorney Stan Garnett decided not ask for jail time.

“We feel the disposition was appropriate for this defendant and the court was very fair and thoughtful in the penalty,” Garnett said.

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Rita Anderson with “In Defense Of Animals” says she feel betrayed by the sentencing.

“This was a police officer who committed this crime,” Anderson said. “I’m a mother and a grandmother; what do I tell my grandchildren about police officers now?”

The arrest affidavit says fellow officer Sam Carter shot the elk and Curnow hauled it away in his truck. The documents also detail days before the shooting text messages were sent between the officers allegedly planning to shoot the elk.

Curnow’s attorney, Patrick Mulligan, said Curnow’s role in the crime is much lesser than Carter’s role.

“The settlement, while not perfect from our perspective, allows Mr. Curnow closure with the case, to proceed forward to be the husband and father that he is, and leave the litigation with no felony conviction,” Mulligan said.

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Carter is due in court Wednesday.