Saturday, February 11, 2012

No jail sentence given in mauling

LOUISIANA -- A 92-year-old Baton Rouge woman whose miniature schnauzer was attacked twice in October 2010 — and killed in the second incident by a 23-year-old man’s pit bull — told a judge Friday the man needs help and “guidance,’’ not jail time.


Naomi Montrue Smith made those courtroom remarks to state District Judge Bonnie Jackson shortly before prosecutors said that Michael Kopynec is entering a yearlong pretrial diversion program.

“I would like to do something to help the young man rather than him go to prison,’’ Smith told the judge. “He needs help. I think he needs some guidance.’’

Smith noted that the attacks on her dog, Geaux Sport, came 11 days apart. Smith was injured on both occasions.

Jackson assured Smith that steps will be taken to “make Mr. Kopynec a more responsible pet owner.’’
“I’m really sorry about your dog,’’ the judge said.

“They become part of your family,’’ Smith said.

Kopynec’s attorney, James Rothkamm, told Jackson that Kopynec voluntarily paid Smith’s veterinary bills. Rothkamm called pre-trial diversion a “fair resolution’’ to the case.

Smith agreed after court, saying of Kopynec, “I don’t want him crucified.’’

Kopynec’s dog was declared dangerous and euthanized in late 2010.

Pretrial diversion calls for Kopynec to, among other things, perform community service related to animal welfare; write a letter of apology to all those adversely affected, including the victim and neighbors; and obtain a substance abuse evaluation, according to East Baton Rouge Parish District Attorney Hillar Moore III.

Smith said she had Geaux Sport for eight years.

“Yes, I miss him,’’ she said outside Jackson’s courtroom.

Smith has since adopted a cocker spaniel and named the dog Beaux.

“He loves me to death,’’ she said.

Jackson scheduled another court date for Aug. 13 to check on Kopynec’s progress.

If Kopynec successfully completes the pretrial diversion program, the misdemeanor charges of negligent injuring and unlawful ownership of a dangerous dog will be dismissed, Rothkamm said. Kopynec pleaded innocent to those charges in February 2011. Both charges carry up to six months in jail.

Geaux Sport was killed Oct. 14, 2010. Smith has said she was knocked to the curb while walking the dog near the front of her home on East Contour Drive.

Kopynec lives across the street from Smith on East Contour.

When police officers arrived, they found Smith in her front yard, bleeding from her arm and hand.

Geaux Sport was dead from wounds he received during the attack.

Eleven days earlier, Smith has said she was walking her dog about a block from her home when Kopynec alerted her that his dog was loose and advised her to not walk any farther until he found the pit bull. Soon after, Kopynec’s dog came running down the street and latched onto Geaux Sport’s back side, she said.

Kopynec was able to get his dog off the schnauzer, which had to be stitched up after the Oct. 3 attack, Smith said. Her hand was injured when she tried to pry the pit bull off her dog, she said.

(The Advocate - February 11, 2012)