OCALA, Fla. -- The Forest High School teacher who retired after the backlash over drowning some animals during his agriscience class will not face animal cruelty charges.
- Forest High School teacher will not face charges for drowning raccoons
- State prosecutor: Law allows for nuisance animal killing
- Parents not willing to let students be involved in case
- READ: State Attorney's Office Memo (.pdf)
Dewie Brewton retired earlier this month from the Marion County School District after video from one student showed him drowning raccoons.
Brewton said he two raccoons and a possum were caught in traps after they killed chickens raised by the students.
Florida Fish and Wildlife Conservation Commission investigated the case, and while the method in which Brewton killed the animals was not considered a humane primary method of euthanasia, state law allows Brewton to dispose of nuisance animals.
The state attorney's office says Brewton showed that he considered other methods of euthanizing the animals, but they were not viable, and drowning was the only viable option.
The state attorney said state law is not clear whether drowning is not an acceptable form of disposing of nuisance animals if there are no other options.
Prosecutors say the state would have to prove beyond a reasonable doubt that Brewton unnecessarily tormented or killed the animals, with the pain or suffering being inflicted on the animals being unjustifiable.
The state attorney's office said the parents of the students involved in the videos did not want their children involved in the case.
And since the students would not be available to authenticate the videos, or help demonstrate that the animals were in pain when they died, the state was worried it would not be able to prove that Brewton intended to torture or torment the animals.