Joel T. Jackson, 50, of 106 York St., appeared in York County Court on Tuesday, where Common Pleas Judge Richard K. Renn sentenced him to three years of intensive probation, with the first three
months on house arrest, according to court records.
The judge also fined Jackson $2,000 and ordered him to pay $209.50 in restitution to MaryKay Ayers, whose 16-year-old son owned Chincee, a German shepherd/boxer mix.
Deputy prosecutor RJ Fisher said he asked Renn to impose the six months in prison recommended in a pre-sentence investigation report.
"The defendant ... intentionally shot the animal," Fisher said. "But I do think that Judge Renn weighed all the factors and crafted a sentence that was sensitive to both parties' arguments."
Fisher said if Jackson violates his intensive probation, he would go back before the judge and could face harsher penalties.
'Deep end': Defense attorney Frank Arcuri said Jackson has an abnormal fear of dogs and didn't think the BB gun he used to shoot Chincee could cause such serious injuries.
"He thought he was just going to sting the dog," Arcuri said.
On Oct. 3, Renn found Jackson guilty of first-degree misdemeanor cruelty to animals, but acquitted him of reckless endangerment.
"He admitted being guilty (of animal cruelty)," Arcuri said. "He says that he has an abnormal fear of dogs, and that the dog scared him. He kind of went off the deep end a little bit."
Arcuri said Jackson previously wrote two letters of apology to the Ayers family and went for counseling because of the incident.
"You do not get the impression he is a malicious animal abuser," the attorney said.
The weapon was never recovered because Jackson destroyed it after shooting Chincee, according to Northeastern Regional Police, who also have said Jackson initially denied shooting the dog.
What happened: A witness told police she was on her back porch about 7:40 p.m. March 9 when she saw a man later identified as Jackson walk up to Ayers' fence, according to court documents.
The witness said she heard a loud bang, then heard one of the dogs squealing. Jackson -- who had the hood of his sweatshirt over his head -- ran down the street, but the witness followed him to 106 York St. and told him she'd seen what he did, after which Jackson walked inside his home, police said.
After initially denying involvement, Jackson admitted to it, telling police Chincee and a second dog kept in the Ayers' fenced-in yard "seemed aggressive," according to court documents.
He acknowledged the dogs had never escaped from the yard, but said they still made him "nervous," police said.
Ayers previously told The York Dispatch that Chincee would stand up against the fence so people walking by could greet and pet her.
"She probably thought (Jackson) was going to pet her, but he shot her instead," Ayers said.
(York Dispatch - Nov 20, 2013)
Earlier:
No comments:
Post a Comment