Thursday, December 9, 2010

New York: Daniel Bennett found guilty of animal cruelty

NEW YORK -- On December 8, 2010, Daniel K. Bennett plead guilty to Section 353 of the Agriculture and Markets Law, Animal Cruelty, a Class A Misdemeanor.

The charge was based upon the defendant’s neglecting an adult male coonhound by not providing it with food and water for weeks, which resulted in bony prominences  associated with the ribs and pelvic bones being visible, and considerable muscle wasting having occurred.  The dog also had an open, bloody, and festering wound, with dangling flesh, on one of his legs which almost went down to the bone and which was many inches in size.  The defendant ignored this wound and did not provide the dog with any medical treatment.

The defendant entered his plea of guilty without a plea bargain guarantee from the prosecution, inasmuch as he rejected the Chief Assistant District Attorney, Matthew Hayden’s offer which included jail, probation, and a prohibition that the defendant not possess or own any further companion animals.  The defendant was assured by the court that if he pled guilty, he would received a no-jail promise, which meant he would be subject to either a Conditional Discharge or Probation at sentencing.  The matter was adjourned for the Schuyler County Probation Department to generate a pre-sentence investigation, and the defendant was ordered to return to court on February 9, 2011.

On February 9, 2011, the People argued that the defendant should be placed on probation, due to his substantial history of run-ins with the law, and because of the condition of the coonhound.  The defendant argued that he was not responsible for the dog, inasmuch as the dog was located at property owned by his father, and that he should receive a sentence of only a Conditional Discharge.

The court fined the defendant $750.00 and assessed $205.00 in surcharges, and gave him a Conditional Discharge.  A restitution hearing has been set for the purpose of determining how much the defendant must pay The Humane Society for the cost of the dog’s medical treatment and boarding fees totaling approximately $2,700.

(Humane Society of Schuyler County - December 8, 2010)

Update to story:
The Addison woman convicted of masterminding a plot to have her baby's father killed will spend 25 years to life in state prison.

Alice Trappler, 40, was found guilty of two counts of second degree murder in May for assisting with the death of Daniel Bennett. She was also found guilty of first and second degree burglary and conspiracy to commit murder.

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