LOWELL — The criminal case against a 64‑year‑old Lowell man accused of killing a cat and illegally trapping wildlife on his Pawtucketville property is back on track after prosecutors confirmed that September’s dismissal has been vacated.

The Middlesex District Attorney’s Office said that the case against Augustine Mutagha has resumed where it left off and is now scheduled to return to Lowell District Court on Feb. 13.

The latest development in the case reverses a ruling issued Sept. 5, when Judge William Travaun Bailey dismissed all nine charges against Mutagha “upon failure to prosecute.”

Those charges included one count of animal cruelty, six counts of having unlawful traps and individual counts for using an unregistered trap, trapping without a license and failing to check a trap within a calendar day.

At the time, Mutagha’s attorney, Anthony Martinez, said the dismissal followed repeated requests for key evidence — including consent forms his client allegedly signed allowing police to enter his Martin Street home, and body‑worn camera footage from officers who conducted the search.

Martinez argued that the documents and footage, referenced in police reports, had not been produced.

In court filings, Martinez contended that members of the Lowell Police Department and Animal Control entered Mutagha’s home without a warrant, consent or exigent circumstances. He cited state and federal case law to argue that any evidence gathered during the entry should be suppressed as “fruit of the poisonous tree.”

The Middlesex District Attorney’s Office did not explain why the dismissal was vacated, though the earlier dispute over this missing evidence appears central to the defense’s challenge. It remains unclear whether those materials have since been produced.

The underlying case stems from a September investigation, when Lowell Police said in an incident report that they received information about dead animals being found discarded in plastic bags along Beaver Brook near the Martin Street bridge.

On Nov. 5, police said they saw Mutagha walking up the embankment near the bridge, where three bags were later recovered — one containing the remains of a cat.

According to police, Mutagha admitted to setting traps around his vegetable garden to keep out wildlife and to disposing of trapped animals in the brook.

Police said he also confessed to striking a trapped cat with a metal pole to kill it and acknowledged that some animals may have remained in traps for more than a day.

Authorities said that six leghold traps were found set in the “ready” position — five on Mutagha’s property and one on adjacent city land — none of them registered, and Mutagha did not have a trapping license.

He allegedly told investigators he sometimes “just chops” animals “to pieces” before discarding them, rather than throwing in the entire carcass.

Martinez has described his client as a hardworking father who did not fully understand his rights and was overwhelmed by the presence of multiple officers showing up at his home. He has also questioned whether any consent to search could have been voluntary under those circumstances.

With Judge Daniel Crane vacating the dismissal, the case will resume with all charges restored. The next hearing is set for Feb. 13 in Lowell District Court.

Martinez was unavailable for comment regarding the charges against his client being reinstated.

Follow Aaron Curtis on X @aselahcurtis, or on Bluesky @aaronscurtis.bsky.social.