Iowa: Iowa City police officer is either lazy or untrained. Cites suspect on city rather than state code. What's city code maximum punishment for viciously beating Corgi? No more than 30 days in county jail.

IOWA -- People across the country are reading about a corgi named Jasper who was allegedly kicked by his groomer at an Iowa City veterinary center. And they have one question.

Why was the groomer, 22-year-old Lucas Van Orden V, charged with animal neglect and not something more serious?

Van Orden was employed as a groomer at Creature Comfort Veterinary Center at 2122 Act Circle in Iowa City. Police say he was grooming the dog, which USA TODAY reports is named Jasper, on July 9 when he kicked it, causing multiple rib fractures and bruising of the lungs. Van Orden told police he kicked the dog while grooming it, according to criminal complaints, and was charged with animal neglect, a simple misdemeanor.

MAXIMUM PUNISHMENT FOR CITY VIOLTION? THIRTY DAYS IN COUNTY JAIL
Online court records show the charge was brought under Iowa City Code 8-3-3, which covers animal neglect, abuse, torture and other actions. Assistant Iowa City Attorney Sue Dulek said state law prohibits city code from penalizing anything greater than a simple misdemeanor, which is punishable by up to 30 days in jail.

If officials had brought charges under Iowa Code 717B, advocates say the crime would have fit the definition of animal abuse.

"Looking at the case on this, it could very easily have been charged under the state code as animal abuse, which under the Iowa state code is 'causing physical harm to an animal belonging to another person,' " said Scott Wilson, animal welfare intervention coordinator at the Animal Rescue League of Iowa. "And that’s an aggravated misdemeanor, which we think would have much better suited the case."

MAXIMUM PUNISHMENT FOR STATE VIOLATION? TWO YEARS IN PRISON
An aggravated misdemeanor is punishable by up to two years in prison.

But Dulek said officers cannot charge someone under both city and state law, and the charging decision was made by the Iowa City officer. A representative for the Iowa City Police Department directed further questions to the city attorney's office.

And that's why - if you are unsure of the charge, CONTACT YOUR SUPERVISOR. CONTACT YOUR PROSECUTOR'S OFFICE. Don't just assume because now it's too late!

A statement last week from Creature Comfort said Van Orden "was discharged from his employment" and declined to comment further on the case while legal issues are pending.

A 1998 application to the Iowa Department of Agriculture to operate as a commercial kennel shows Lucas S. Van Orden IV as the business's practice manager and Nadia E. Vandergaast, a doctor of veterinary medicine, as the owner.

Looking beyond Jasper, advocates say Iowa's animal welfare laws are among the weakest in the nation.

Last year, the California-based Animal Legal Defense Fund ranked Iowa 49th in the nation for its animal protection laws.

That's abysmal, Wilson said.

Wilson's organization, the Animal Rescue League, is pushing for a new state law that would provide clarity about the legal definitions of certain terms, increase the penalties for most types of animal abuse and torture, and seek to set restrictions on owning animals for those convicted of an animal welfare crime.

The legislation, Senate File 2289, died in the Iowa House this year after making it through the Senate, Wilson said, but his group plans to try to pass it again next year.

One reason the law needs to be changed, Wilson said, is because it doesn't include mandatory psychological counseling after a conviction for a more serious offense. That kind of care can catch abusers early and break those patterns, he said.

Another reason, Wilson said, is that the law is out of step with the severity of some of the crimes, like animal torture, which is an aggravated misdemeanor on the first offense.

"It only becomes a felony if it’s a second offense, which considering the definition of torture we thought was kind of strange," he said.

Wilson said it's important for members of the public to report suspected animal abuse to local law enforcement. Too often, people think their neighbor will call, and then no one does, he said.

"It’s just sad to see this sort of thing happen," he said of Jasper. "I can’t understand why an animal professional, be they groomer, animal control officer or what, would do this to a dog."

(USA Today - Aug 1, 2016)

Earlier:

• Iowa: Police say vet employee Lucas Van Orden viciously beat and kicked Corgi