TOWN OF VAN BUREN, N.Y. (WSYR-TV) — The State Department of Environmental Conversation says its investigators don’t have “enough definitive evidence” to criminally charge a restaurant owner accused of ramming into a flock of geese and killing at least one bird on his property this past summer.

The investigation opened after customers of Little Jammer’s Ice Cream, part of Jammer’s Sports Bar on Walters Road, reported seeing the business’s owner using his vehicle to run over birds near a pond in a field of the property.

One witness, Kristen Wyskida, wrote on Facebook, “Eating ice cream on the patio and watching the owner intentionally drive his vehicle two times through a flock of geese, hitting one so we could watch it painfully and slowly die.”

At least four other people verified her claim.

Just days later, the DEC Commissioner answered NewsChannel 9’s questions about the investigation on a visit to the New York State Fair.

“We would like the public’s help in helping us understand the potential culprit,” said Commissioner Basil Seggos, “When it happened, where it happened. Give us the facts we need.”

Apparently, the DEC didn’t get enough of the facts needed.

A statement from the DEC to NewsChannel 9 Monday reads: “After an extensive investigation, including witness statements, DEC Law Enforcement has determined there is not enough definitive evidence to pursue criminal charges at this time.”

DEC officers will continue their investigation and reconsider the result if more evidence is brought to their attention. The statement continues: “DEC asks the public to provide any additional information that may be helpful in this case.”

To report an environmental crime or incident, call 1-844-DEC-ECOS for 24-hour dispatch or email for non-urgent matters.

The Onondaga County District Attorney told NewsChannel 9 he was not aware of the investigation.