AMHERST, N.Y. — Two former University at Buffalo football players were arraigned in Town of Amherst Court each on one count of animal cruelty Thursday morning.
Blake Hiligh, 19, of Alexandria, Virginia, and Zachary Pilarcek, 20, of Endicott, New York were arraigned on one count of Overdriving, Torturing, and Injuring Animals with a Failure to Provide Proper Sustenance, misdemeanor under New York Agriculture and Market's law.
The two men were investigated by the SPCA Serving Erie County after the organization received a report of alleged animal abuse.
The Erie County District Attorney's Office alleges that one of the players hit a 4-year-old male poodle named 'Kobe' with a belt while the other player filmed it.
The video was shared with 2 On Your Side. It begins with a ripped-up couch.
District Attorney John Flynn said the dog was not seriously injured but suffered some bruising.
The video was taken on June 13 in an apartment on Sweet Home Road in the Town of Amherst and was circulated online.
Hiligh and Pilarcek were subsequently suspended and then dismissed from the UB football program. The action was praised by both the SPCA and the DA.
Both players pleaded not guilty in court Thursday and were released on their own recognizance. Hiligh is scheduled to be back in court on August 3rd at 10:30 a.m. Pilarcek will return on July 27th at 9:30 a.m.
Hiligh's attorney Robert Fogg told 2 On Your Side after court that he does not believe his client's actions were done in a cruel manner.
"My client regrets the actions, regrets a lot of the things. We love our dogs, we love our pets. Sometimes they do frustrate us sometimes we do discipline them, sometimes. I don't believe it was in a cruel manner, we all need to learn how to discipline dogs," said Fogg.
The SPCA Serving Erie County continues to care for the dog while they await a bond hearing on July 6th at which they plan to argue in favor of maintaining custody, while the criminal case plays out.
"Yes there are different types of training techniques and this may or may not just be discipline however this is absolutely beyond reproach abhorrent and should not have been filmed posted or happened," said SPCA Animal Investigator Lindsey Wood.
District Attorney John Flynn did say that he may quote "give them a break" and allow this to be a learning experience but he is not at that point. He added that all animal cruelty is serious regardless of whether it's a misdemeanor or a felony.
“I want to thank our partners at the SPCA for their work in this investigation and the many services that they provide to help animals in our community. I also commend the University at Buffalo and the UB Football program for taking immediate action, which further demonstrates that animal abuse will not be tolerated in this community,” Flynn said.
If there is any learning experience, Flynn said it would begin with holding someone accountable.
If convicted of the charge, both face a maximum of one year in jail.