More than sixty baby birds are beaten with a pipe, some died in the attack and others are being nursed back to health. Knocking down their nest is a federal crime and the Colorado Division of Wildlife is investigating.

The Division of Wildlife tells 11 News that a Florissant resident didn’t want the bird’s mud nests on his property so he took a pipe to smash them down. Baby Cliff Swallows were found on the ground suffering from bone fractures and concussions.

The DOW says six birds died and the rest have been placed in rehab centers in Colorado Springs, Woodland Park and Pueblo. The birds need intensive care and must be fed every half hour. The Director of Second Chance Wildlife Rehab Center in Pueblo says the birds are making progress. But she tells 11 News she is still in disbelief that someone could be so cruel to defenseless creatures.

“The mom and dad are flying in and out of the nest feeding the babies. They had to have seen it. And to just bash them with a pipe it just, it still breaks my heart,” Director of Second Chance Wildlife Rehab, Nancy Kelly said.

The baby birds are protected under the Federal Migratory Bird Treaty act. You can remove nests before the birds lay their eggs or after they've flown away. But it is against the law to knock down a nest with babies inside. The DOW recommends calling an animal rescue group to help get rid of unwanted birds.

The person responsible in this case is not facing federal charges because he called the state to admit what he'd done; instead he was cited with a $300 dollar fine.