Saturday, February 25, 2012

Stupid laws: Felony animal abuse maxes out at 10 days in jail, but misdemeanor criminal mischief will get you six months

OREGON -- A Douglas County, Ore., couple convicted of killing their neighbor's dog with anti-freeze was sentenced Thursday afternoon to six months in jail.


Bernard and Mitzi Daugherty were found guilty of aggravated animal abuse last week

During his testimony, Bernard admitted to trying to kill the dogs that were defecating in his yard.

Before sentencing Thursday, he apologized. "I am sorry that the dog died," he told the judge. "I felt under attack your honor. I could not feel emotion when we were being attacked."

Judge Bill Marshal could only impose 10 days in jail on the felony charge of animal abuse because of state guidelines, but he did give the Daugherty's six months behind bars for criminal mischief, which is a misdemeanor.

The judge noted the manner in which the dog died. "Fairly egregious," Marshal said. "This is not just a situation where somebody just shoots down a dog that they think is running on their land, but you poisoned a dog and you made that dog suffer."

Mocha's owners wanted to show her picture to
the public, as an example of what can
happen to dogs who ingest antifreeze.

The Daugherty's are banned from owning an animal for 15 years, and they must pay $599 restitution to Debra Ballard for vet bills.

Bernard and Mitzi will have to report to jail on Monday, but Judge Marshall did leave the option open to the sheriff to have them placed under house arrest instead of jail.

(KPIC - Feb 23, 2012)

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