North Dakota Judge Richard Hagar says there is NOTHING in state law that prevents someone from "euthanizing" an animal by "STRANGLING IT TO DEATH"(!)

NORTH DAKOTA -- A Minot man accused of strangling his wife's dog has been cleared of wrongdoing.

Sixty-three-year-old Darnell Hankel was accused of killing an 11-year-old miniature dachshund in April 2014. Authorities say his wife reported the alleged incident last fall.

The complaint indicates that Hankel claimed he grew tired of taking care of the animal because it developed a skin disorder.

The Minot Daily News reports that Judge Richard Hagar on Thursday dismissed a felony animal cruelty charge filed against Hankel.

Hagar agreed with defense attorney Tom Slorby's argument that there is nothing in state law forbidding an owner from euthanizing an animal by choking [strangling] it [to death]. 

Clearly this is either a lazy or stupid judge! All he needed to do was consult with a licensed veterinarian and he would have found that strangling something to death is VERY TRAUMATIC AND PAINFUL. It is NOT euthanasia!!!

The definition of euthanasia is "painless death". Would you like to be strangled to death?! The Boston Strangler wasn't killing those victims - he was euthanizing them!!! I hope someone in the District Attorney's office has the you-know-what's to do something about this judge and re-file the charges.

 

North Dakota § 36-21.2-03. Animal cruelty--Definition--Exemptions--Penalty

1. Any person that intentionally engages in animal cruelty is guilty of a class C felony.
2. For purposes of this chapter, “animal cruelty” means:

a. Breaking an animal's bones;
b. Causing the prolonged impairment of an animal's health;
c. Mutilating an animal; or
d. Physically torturing an animal.

3. The following do not constitute violations of this section:
a. Any usual and customary practice in:

(1) The production of food, feed, fiber, or ornament, including all aspects of the livestock industry;
(2) The boarding, breeding, competition, exhibition, feeding, raising, showing, and training of animals;
(3) The sport of rodeo;
(4) Animal racing;
(5) The use of animals by exhibitors licensed under the Animal Welfare Act, 7 U.S.C. 2131, et seq.;
(6) Fishing, hunting, and trapping;
(7) Wildlife management;
(8) The culinary arts;
(9) Lawful research and educational activities; and
(10) Pest, vermin, predator, and animal damage control, including the disposition of wild animals that have entered structures or personal property;

b. Any action taken by an individual against an animal that is attacking or is about to attack a human, a companion animal, or livestock;

c. The humane or swift destruction of an animal for cause; and

STRANGLING SOMETHING TO DEATH IS NEITHER SWIFT NOR HUMANE!!

d. Services provided by or under the direction of a licensed veterinarian.

Credits
S.L. 2013, ch. 260, § 3, eff. Aug. 1, 2013.

(KXNews - July 22, 2016)

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