WICHITA, Kan. (KAKE) - The Valley Center Police Department is investigating a report it got about the Valley Center varsity boys baseball team killing a chicken on the baseball field April 20th before it left for an away game. 

A legal expert says if a state prosecutor proves the teammates killed the chicken maliciously it would be a felony but if there is no malice found it would be a misdemeanor.

"Maliciousness generally means done with an evil mindedness. Or with a specific intent to do an evil deed without any justification whatsoever," explained defense attorney Dan Monnat.

This means if anyone who was involved can prove they had a justification for doing this, to use it as a food source, they wouldn't face any charges under the state's cruelty to animals statue.

He explains this is because it's not against the law to slaughter a farm animal for food. The question wouldn't be did the team eat the chicken.

"Is it an accepted means of slaughtering a farm animal for food consumption for it to be done on the home plate of a baseball diamond," he asked.

Valley Center police have not said the chicken was killed on home plate but did say the incident was reported to have happened on the school's baseball field.

Police say this is an ongoing investigation and no arrests have been made.