ALBANY, NY (NEWS10) – The Albany County District Attorney’s Office Animal Cruelty Taskforce announced the New York DEC will not pursue charges against officers who ran over and killed a raccoon in Ravena last month.

Last month, concerned viewers sent NEWS10 ABC a video of officers with the Coeymans Police Department running over a raccoon with their vehicles in a Shop and Save parking lot.

The New York State Health Department conducted a rabies test on the raccoon and found that the animal tested positive for rabies.

According to task force, the officers did not act with malice or contempt, and acted with the public’s well-being in mind.

“Although the manner in which the raccoon was dispatched was not ideal, the resources provided, coupled with the need to protect the public from a deadly disease, left the officers with no other viable options at the time.”

Officers said they did not feel it was safe to shoot the animal in a highly populated area with a concrete ground. They stated they feared the bullet would ricochet and injure people in the area.

Officials say they tried to lure the animal to a more open area and limit the threat to bystanders, some whom were feeding the animal. When all options failed, the DA says officers ran over the animal until it was dead.

Following findings into the incident, the DEC will not proceed with an investigation into the incident because there was no criminal action.

Under the Agriculture and Markets law, there has to be criminal intent, which was not present in this case.

The county says it is working on formal training for law enforcement officers to deal with wildlife. The Coeymans Police Department has been cooperative in the investigation and is agreeable to participating in training. Details about the training will be made available to the public once they are finalized.

“This situation has highlighted a need for education and resources for officers who encounter a wild animal in public in the future, especially one that appears sick or injured and has become an obvious public health threat.”

Tips from the DEC to prevent raccoons from becoming a nuisance:

• Do not leave pet food outside. Feed pets only as much as they will eat at once, and remove all leftovers. If necessary, place pet feeders in an enclosed area such as a porch, garage, or barn.
• Keep garbage bags in an entry-way or garage, and in a metal can. Run a rubber strap, rope, or soft wire through the lid and attach to the can handles. To make it hard for raccoons to remove lids, hang the can one foot above the ground or use a rack and secure the cans upright.
• Surround gardens with an electric fence made up of two wires attached to an insulated post: one wire four inches and the other eight inches above the ground. Install the fence before vegetables ripen.
• Block the openings raccoons are using to get into your attic, porch, or other location. Place a temporary cover when the raccoons leave on their nightly search for food, and make a permanent seal later. To check if the raccoons have really left, sprinkle twigs, grass, or flour in the opening and watch for tracks. Caution: do not permanently seal entrances without first verifying that all animals are out of the den. Especially in the spring, look and listen for animal noises.
• Nuisance wildlife control persons licensed by New York State can be hired to deal with problem raccoons. Injured and “orphaned” raccoons should be left alone. Animals actually in need of assistance may be cared for by licensed wildlife rehabilitators. The DEC regional office can refer you to these individuals.

Read more about the investigation and findings.