Deputy Prosecutor George White told the court Noah Jeriamiah Elija Smazik, 33, and an accomplice had illegally entered the fenced property of the complaining witnesses and stabbed their 400-pound domesticated pig, who had never ventured off the property, to death.
“The apologies are not for killing the pig itself but for the trauma that the victim went through in coming down and seeing Mr. Smazik and Mr. Howard over her pet pig that she had raised from a ‘squiglet’ or piglet, and seeing Mr. Smazik multiple times stab the pet pig,” White told the court. “Jail is not going to bring her pig back, but maybe community service will help.”
He asked that the court consider 150 hours of community service and five days’ jail time, which Smazik had already served.
Deputy Public Defender Stephanie Char asked the court to consider probation and community service work for Smazik considering it was the “second-go around for the state.”
She told the court that Smazik had stayed out of trouble since the 2013 incident and had two children to care for.
“Serving time in jail would be a hardship for himself and his family,” Char told the court Tuesday.
Smazik apologized for “killing the pig” and told the court that the process had been hard on him.
Boo hoo.
Fifth Circuit Court Chief Judge Randal Valenciano told Smazik he was not willing to consider community service work despite both the prosecutor and the deputy public defender asking for that to be his sentence.
The court found Smazik guilty of second-degree criminal trespass, a petty misdemeanor. Charges of cruelty to animals and fourth-degree criminal damage to property were dropped.
Valenciano sentenced him to an additional four days in jail.
This is not the first time Smazik has had the state bring charges of animal cruelty forward against him for the same offense.
Kauai police arrested Smazik on June 7, 2014, for cruelty to animals, second-degree criminal trespass, fourth-degree criminal damage to property for killing Squig. He was released on bail.
In November, a jury found Bronson Howard, Smazik’ accomplice, guilty of criminal trespass in the second degree, a petty misdemeanor.
He served 24 days in jail. Howard was found not guilty of animal cruelty and criminal property damage in the fourth degree.
Smazik was also charged by way of indictment on the same case, but the case was dismissed without prejudice for violation of rule 48, Char said.
Smazik’s prior convictions include terror threat in the second degree in 2008, failure to appear in 2004, criminal contempt of court in 2004, theft in the fourth degree in 2004, criminal contempt of court in 2002, resisting arrest in 2003, and theft in the second degree in 2003.
(Thegardenisland.com - May 5, 2016)
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