Judge L. Phillips Runyon III issued his finding Wednesday after presiding over the bench trial of Toby Tousley, 55, on June 23 in 8th Circuit Court District Division for a kick last Octobor that left a neighbor’s 15-year-old Pomeranian injured and dying.
‘Teddy’ weighed about 20 pounds and stood only 10 inches tall, owner William LaPlante said in court last week.
During the trial, Tousley’s defense attorney Richard Guerriero argued that the dog, contrary to town ordinances, wasn’t on a leash and was in the act of defecating on Tousley’s property when it was kicked.
But that explanation didn’t hold water with Runyon, who said the kick was unjustified and animal cruelty under the law for mistreatment of an animal.
“The act was not justified as in defense of the defendant or anyone else, and while the dog was violating the defendant’s property rights, there were many alternate ways to resolve that situation without kicking the dog,” the judge wrote.
“In other words, the defendant’s response was so inappropriate and excessive that it rose to the level of mistreatment. The defendant could not have known that his kick would seriously injure or cause the dog’s death, but he certainly would or should have been aware that such a kick might cause some injury to the dog. That is negligence at the very least.”
Keene police went to LaPlante’s home at 147 Carroll St. in Keene on Oct. 3 at 1 p.m. for a report that his dog had been kicked by Tousley and had died.
Tousley owns and operates Tousley Property Management on Emerald Street in Keene and the rental property at 143 Carroll St, near LaPlante’s home. Tousley was at his rental property that day to work on the furnace in the basement.
A sentencing hearing will be scheduled in the district court. Guerriero said at trial last week his client will appeal if found guilty.
(New Hampshire Union Leader - June 30, 2016)
Earlier:
No comments:
New comments are not allowed.