PETA said it planned to ask a West Virginia prosecutor to prosecute plant employees and managers under state laws that make torture or malicious killing of animals a felony.

Although the crimes occurred in two boroughs, the case is to be prosecuted by District Attorney Richard A. Brown of Queens, who said, "These are two malicious killings."

The former Mayor, Paul Nemeth, who was charged with malicious killing of an animal and is to be arraigned on Friday in Hunterdon County Courthouse in Flemington, said he was ashamed of what he did.