MARYLAND -- Gene Henry Barber may not have understood the consequences of firing a .22-caliber bullet into the chest of Lady, a 4-year-old German shepherd who lived near him at the Maryland Manor Mobile Park 15 miles south of here.
But now he has three months in jail to think about it.
In what animal activists said is part of a trend toward stiffer sentences in cruelty cases, Barber was sentenced last week to 90 days in the Anne Arundel County Detention Center on joint charges of animal cruelty and discharging a weapon in a populated area.
He was also put on six years' probation and ordered to pay $1,000 restitution to Lady's owner, Gail Johnson, 45, for the death of her pet.
"Society is just too sophisticated to have people just go around shooting someone else's dog," said District Judge Lawrence Rushworth, who found Barber guilty Wednesday in a nonjury trial and imposed sentence the same day.
In his only other animal cruelty case, which involved the bow-and-arrow shooting two years ago of a dog found rummaging in a trash can, Rushworth imposed a similar sentence. He said he takes animal cruelty charges seriously because of the emotional attachment between owners and their pets.
"I don't know what value you can put on a dog. I am sure that if you own a dog, you put the value substantially high," Rushworth said, adding that in Johnson's case, "one could not help but feel sorry for this . . . woman who had lost her pet."
Johnson, who has used a wheelchair since the removal of a brain tumor in September, lives with family friend Thomas Strempek in a trailer near Barber's at the mobile home park in Harwood, south of Annapolis.
According to Strempek, the Jan. 31 shooting deprived Johnson of her closest companion. The dog would stroll alongside her electric wheelchair when they went for walks, and always obey her commands.
"She cried for days," said Strempek, 62. "She missed that dog because that dog was her best friend, really."
Strempek said Barber had threatened to kill Lady several times because he said the dog barked at him in a menacing way, a claim Rushworth dismissed as "not believable" in the absence of any evidence that Lady ever tried to attack or bite him.
On the day of the shooting, while Lady cavorted with Johnson's grandson and some neighborhood children, Strempek said Barber provoked the dog twice by squirting it with a hose.
Although he said he was surprised by the sentence and claims he would never have suggested a jail term for the shooting (why not???), Strempek said, "I am not upset that {Barber} got time to think" about killing the dog.
Barber could not be reached for comment. Assistant State's Attorney John LeCornu, who prosecuted the case, said he will probably be released from jail pending an appeal.
(Washington Post - August 23, 1988)
Tuesday, August 23, 1988
Thursday, August 4, 1988
Florida: Numerous Attack By Pit Bulls Triggers Call For More Regulations
FLORIDA -- An attack on a teen-age boy by two pit bulls in an neighborhood where unleashed dogs have been a problem for years has some residents demanding more county regulations of dogs and the banning of pit bull ownership.
"I'm tired of people not being able to walk the streets. People who live around here have been terrorized by those dogs," the boy's father, Dennis Kauffman Sr., said.
Dennis Kauffman Jr., 14, of the 4300 block of Northeast 13th Avenue, south of Deerfield Beach, was walking home on Tuesday after mowing the lawn at an aunt's house when two pit bulls ran from a nearby yard and attacked him. He was mauled in five parts of his body.
Even before the attack, the neighborhood homeowners association had scheduled a meeting for tonight with an official of the Broward Sheriff's Office on the problem of unleashed, vicious dogs.
Kauffman was bitten by a different pit bull last year. That dog, which belonged to a neighbor just two houses away, had also attacked another resident.
"I think they should be outlawed," said Erika Termyna, 67, who was bitten on her arms and legs. "They're dangerous, very dangerous. Shoot them all down, period."
Termyna owns a Doberman Pinscher.
Neighborhood residents said there are two other homes in the area with pit bulls. At both locations, several pit bulls are raised and bred, they said.
In the last month, in other parts of Broward County, there have been two other serious dog attacks.
Anna Young, 76, of the 5900 block of Northwest 41st Terrace, near North Lauderdale, was mauled by two mixed breed dogs owned by her son. She remains in a coma at Northwest Regional Hospital in Margate. The dogs had attacked a mail carrier six months before.
Also in July, a pit bull jumped from a pickup truck in Plantation and bit a woman on the leg in a parking lot.
The man identified as the owner of the dogs that bit Kauffman could not be reached for comment. Joey LaCross, who also owns two pit bull puppies, was out of town, according to relatives at his house in the 5000 block of Northeast 14th Street.
Kauffman's father said he will ask the homeowners association to get involved in the fight to better regulate dogs.
Thelma Ramsey, program director for the Pompano Beach Highlands Civic Improvement Association, said the organization has been trying for years to get county officials to address the problem of unleashed dogs.
The association petitioned the County Commission to give the county's Animal Control Division more money and more power to cite violators.
"I think it's getting out of hand with pit bulls and other animals. It's not fair to the animal and not fair to others," Ramsey said.
The County Commission had adopted a regulation that required pit bull owners to carry $100,000 in liability insurance, but it was struck down by a court ruling in 1986.
Larry Atwell, assistant director of the Animal Control Division, said the dogs that bit Kauffman are being held for a required 10 days rabies watch. One of the dogs was shot in the lip by Sheriff's Deputy Michael Bounassi as they ran toward him after the attack on Kauffman.
Atwell said the physical structure of a pit bull makes its bite more severe because of its ability to lock its jaws once it has bitten a victim. He said pit bulls are both naturally vicious and bred or trained to be vicious.
He said LaCross was in violation of the county's leash law and also had not had the dogs vaccinated or tagged. He said LaCross would have to pay a $56 fine for each dog.
The Sheriff's Office considered but then rejected filing charges of aggravated battery against LaCross. It can't be proven that he intended for the dogs to attack, Sheriff's Office spokesman George Crolius said. However, he said, the dogs may be taken from the owner and destroyed under the county's vicious dog law.
(Sun Sentinel - August 4, 1988)
"I'm tired of people not being able to walk the streets. People who live around here have been terrorized by those dogs," the boy's father, Dennis Kauffman Sr., said.
Dennis Kauffman Jr., 14, of the 4300 block of Northeast 13th Avenue, south of Deerfield Beach, was walking home on Tuesday after mowing the lawn at an aunt's house when two pit bulls ran from a nearby yard and attacked him. He was mauled in five parts of his body.
Even before the attack, the neighborhood homeowners association had scheduled a meeting for tonight with an official of the Broward Sheriff's Office on the problem of unleashed, vicious dogs.
Kauffman was bitten by a different pit bull last year. That dog, which belonged to a neighbor just two houses away, had also attacked another resident.
"I think they should be outlawed," said Erika Termyna, 67, who was bitten on her arms and legs. "They're dangerous, very dangerous. Shoot them all down, period."
Termyna owns a Doberman Pinscher.
Neighborhood residents said there are two other homes in the area with pit bulls. At both locations, several pit bulls are raised and bred, they said.
In the last month, in other parts of Broward County, there have been two other serious dog attacks.
Anna Young, 76, of the 5900 block of Northwest 41st Terrace, near North Lauderdale, was mauled by two mixed breed dogs owned by her son. She remains in a coma at Northwest Regional Hospital in Margate. The dogs had attacked a mail carrier six months before.
Also in July, a pit bull jumped from a pickup truck in Plantation and bit a woman on the leg in a parking lot.
The man identified as the owner of the dogs that bit Kauffman could not be reached for comment. Joey LaCross, who also owns two pit bull puppies, was out of town, according to relatives at his house in the 5000 block of Northeast 14th Street.
Kauffman's father said he will ask the homeowners association to get involved in the fight to better regulate dogs.
Thelma Ramsey, program director for the Pompano Beach Highlands Civic Improvement Association, said the organization has been trying for years to get county officials to address the problem of unleashed dogs.
The association petitioned the County Commission to give the county's Animal Control Division more money and more power to cite violators.
"I think it's getting out of hand with pit bulls and other animals. It's not fair to the animal and not fair to others," Ramsey said.
The County Commission had adopted a regulation that required pit bull owners to carry $100,000 in liability insurance, but it was struck down by a court ruling in 1986.
Larry Atwell, assistant director of the Animal Control Division, said the dogs that bit Kauffman are being held for a required 10 days rabies watch. One of the dogs was shot in the lip by Sheriff's Deputy Michael Bounassi as they ran toward him after the attack on Kauffman.
Atwell said the physical structure of a pit bull makes its bite more severe because of its ability to lock its jaws once it has bitten a victim. He said pit bulls are both naturally vicious and bred or trained to be vicious.
He said LaCross was in violation of the county's leash law and also had not had the dogs vaccinated or tagged. He said LaCross would have to pay a $56 fine for each dog.
The Sheriff's Office considered but then rejected filing charges of aggravated battery against LaCross. It can't be proven that he intended for the dogs to attack, Sheriff's Office spokesman George Crolius said. However, he said, the dogs may be taken from the owner and destroyed under the county's vicious dog law.
(Sun Sentinel - August 4, 1988)
Friday, March 25, 1988
Illinois: Officer Shoots Man, Is Bitten By Pit Bull
ILLINOIS -- An undercover Chicago police officer shot a man who allegedly tried to rob him by using a pit bull terrier and was then bitten by the dog Wednesday night, police said.
The man who was shot, identified only as Eric Baker, was hit in the ear during the struggle. He was listed in good condition at Illinois Masonic Hospital, a hospital spokesman said.
Jose Reyes, 30, a youth officer assigned to the Special Investigations Unit, was bitten in the hand and abdomen by the pit bull and was listed in good condition, the hospital spokesman said.
Reyes was doing undercover work on Belmont Avenue shortly before 9 p.m. when two youths approached him and allegedly tried to rob him, police said.
When Reyes told them to go away, the youths allegedly returned with a pit bull and threatened Reyes, police said.
Reyes` partner, Officer Lawrence Corey, who was across the street, ran over and grabbed one of the youths. The dog attacked Reyes, and in a struggle with the youths Reyes shot Baker, police said.
(Chicago Tribune - March 24, 1988)
Earlier:
The man who was shot, identified only as Eric Baker, was hit in the ear during the struggle. He was listed in good condition at Illinois Masonic Hospital, a hospital spokesman said.
Jose Reyes, 30, a youth officer assigned to the Special Investigations Unit, was bitten in the hand and abdomen by the pit bull and was listed in good condition, the hospital spokesman said.
Reyes was doing undercover work on Belmont Avenue shortly before 9 p.m. when two youths approached him and allegedly tried to rob him, police said.
When Reyes told them to go away, the youths allegedly returned with a pit bull and threatened Reyes, police said.
Reyes` partner, Officer Lawrence Corey, who was across the street, ran over and grabbed one of the youths. The dog attacked Reyes, and in a struggle with the youths Reyes shot Baker, police said.
(Chicago Tribune - March 24, 1988)
Earlier:
Illinois: An undercover Chicago police officer shot a man who allegedly tried to rob him by using a pit bull terrier and was then bitten by the dog
ILLINOIS -- An undercover Chicago police officer shot a man who allegedly tried to rob him by using a pit bull terrier and was then bitten by the dog Wednesday night, police said.
The man who was shot, identified only as Eric Baker, was hit in the ear during the struggle. He was listed in good condition at Illinois Masonic Hospital, a hospital spokesman said.
Jose Reyes, 30, a youth officer assigned to the Special Investigations Unit, was bitten in the hand and abdomen by the pit bull and was listed in good condition, the hospital spokesman said.
Reyes was doing undercover work on Belmont Avenue shortly before 9 p.m. when two youths approached him and allegedly tried to rob him, police said.
When Reyes told them to go away, the youths allegedly returned with a pit bull and threatened Reyes, police said.
Reyes` partner, Officer Lawrence Corey, who was across the street, ran over and grabbed one of the youths. The dog attacked Reyes, and in a struggle with the youths Reyes shot Baker, police said.
(Chicago Tribune - March 24, 1988)
The man who was shot, identified only as Eric Baker, was hit in the ear during the struggle. He was listed in good condition at Illinois Masonic Hospital, a hospital spokesman said.
Jose Reyes, 30, a youth officer assigned to the Special Investigations Unit, was bitten in the hand and abdomen by the pit bull and was listed in good condition, the hospital spokesman said.
Reyes was doing undercover work on Belmont Avenue shortly before 9 p.m. when two youths approached him and allegedly tried to rob him, police said.
When Reyes told them to go away, the youths allegedly returned with a pit bull and threatened Reyes, police said.
Reyes` partner, Officer Lawrence Corey, who was across the street, ran over and grabbed one of the youths. The dog attacked Reyes, and in a struggle with the youths Reyes shot Baker, police said.
(Chicago Tribune - March 24, 1988)
Friday, January 22, 1988
2-year-old Girl Mauled To Death By Family Dog
ILLINOIS -- A 2-year-old girl was mauled to death early Wednesday by her family's dog, which reportedly had always been protective of children.
Megan Stack was bitten about 6:50 a.m. by the family's black Labrador retriever, Toby, in the kitchen of their home at 4600 S. Harding Ave.
The girl`s father, James, 41, heard Megan screaming and ran downstairs to discover the dog biting the back of the child's head, according to Sgt. George Owen of the Brighton Park Area.
Stack, who works for a Southwest Side steel company, pulled the 75-pound dog from the child and locked it in the basement. Paramedics took the girl to Holy Cross Hospital, where she died at 9:20 a.m. Owen said the girl had been bitten on the right side of the face, her chin and the left side and back of her neck, and had a large cut on her head.
Three other children were in the home when the attack occurred, police said. The children`s mother, Mary, was driving to work to a Southeast Side school where she teaches.
The dog was later taken to the city's Animal Control and Care center, where it will be destroyed in 10 days. Peter Poholik, the center`s executive director, described the dog as "docile, not at all aggressive."
The Stacks got the 5-year-old dog about 8 months ago from friends who were moving and could not take the animal with them. "They never had any trouble with that dog," Poholik said. He described Labradors as excellent pets that are often used as Seeing Eye dogs.
Poholik said that since the dog had bitten someone, the center would destroy it.
Neighbors said Toby was always protective not only of the Stack children but also of other neighborhood youngsters.
(Chicago Tribune - January 21, 1988)
Megan Stack was bitten about 6:50 a.m. by the family's black Labrador retriever, Toby, in the kitchen of their home at 4600 S. Harding Ave.
The girl`s father, James, 41, heard Megan screaming and ran downstairs to discover the dog biting the back of the child's head, according to Sgt. George Owen of the Brighton Park Area.
Stack, who works for a Southwest Side steel company, pulled the 75-pound dog from the child and locked it in the basement. Paramedics took the girl to Holy Cross Hospital, where she died at 9:20 a.m. Owen said the girl had been bitten on the right side of the face, her chin and the left side and back of her neck, and had a large cut on her head.
Three other children were in the home when the attack occurred, police said. The children`s mother, Mary, was driving to work to a Southeast Side school where she teaches.
The dog was later taken to the city's Animal Control and Care center, where it will be destroyed in 10 days. Peter Poholik, the center`s executive director, described the dog as "docile, not at all aggressive."
The Stacks got the 5-year-old dog about 8 months ago from friends who were moving and could not take the animal with them. "They never had any trouble with that dog," Poholik said. He described Labradors as excellent pets that are often used as Seeing Eye dogs.
Poholik said that since the dog had bitten someone, the center would destroy it.
Neighbors said Toby was always protective not only of the Stack children but also of other neighborhood youngsters.
(Chicago Tribune - January 21, 1988)
Tuesday, December 29, 1987
Florida: John Lavelle, 26, charged with animal cruelty; accused of abusing his dog repeatedly
FLORIDA -- A man accused of mistreating his dog, including picking up the animal by the tail and throwing him against a wall, has been arrested, police said on Monday.
The man was arrested after two police officers watched from a neighbor's home as he struck the dog, picked him up and slammed him several times on a concrete patio slab, according to the police report.
John Peter Lavelle, 26, of the 2200 block of Northwest 80th Terrace, was charged with cruelty to animals, police said.
He told police he was training the dog, according to the report. The report quoted Lavelle as saying, "How else would you get a dog to listen to you?"
Police also think that Lavelle threw the dog into glass panes on a garage door, the report said.
The dog, a 7-month-old male pointer named Buckeye, was taken to a pet emergency center and is being treated at Broward County Animal Control, officials said.
Buckeye is recuperating from small wounds on his head and neck, pain in the left side of his stomach and possible internal injuries, said Alan Davis, the animal control director.
The dog, who weighs about 30 pounds, is between 10 and 15 pounds underweight and his ribs show, Davis said.
Another dog at Lavelle's home was also taken into protective custody, police said. The dog, a 1-1/2-year-old female pointer, is in good condition and shows no signs of abuse, Davis said.
A witness told police that Lavelle started beating the dog about one month ago and did so two to three times a week because he was frustrated with trying to train the animal.
A neighbor of Lavelle's called police shortly before midnight on Wednesday.
The neighbor, who did not want his name revealed, said he was alerted by the sounds of an animal in pain.
He said he saw Lavelle pick up the dog and hold him by the neck. Then he said he saw the dog picked up by the tail and thrown against the wall.
"The poor thing was in such agony. It was a brutal scene," the neighbor said. "The poor dog was howling, crying, and was making all kinds of noises."
If convicted of the misdemeanor charge, Lavelle faces a maximum penalty of one year in jail and a $5,000 fine, officials said.
Sgt. Sherry Schlueter, supervisor of the Broward Sheriff`s Office Animal Abuse/Agricultural Crimes Unit, said she encourages residents to report animal cruelty.
"Just as with child abuse, it's imperative that people act on behalf of victims who can't act in their own behalf," she said.
(Sun Sentinel - December 29, 1987)
The man was arrested after two police officers watched from a neighbor's home as he struck the dog, picked him up and slammed him several times on a concrete patio slab, according to the police report.
John Peter Lavelle, 26, of the 2200 block of Northwest 80th Terrace, was charged with cruelty to animals, police said.
He told police he was training the dog, according to the report. The report quoted Lavelle as saying, "How else would you get a dog to listen to you?"
Police also think that Lavelle threw the dog into glass panes on a garage door, the report said.
The dog, a 7-month-old male pointer named Buckeye, was taken to a pet emergency center and is being treated at Broward County Animal Control, officials said.
Buckeye is recuperating from small wounds on his head and neck, pain in the left side of his stomach and possible internal injuries, said Alan Davis, the animal control director.
The dog, who weighs about 30 pounds, is between 10 and 15 pounds underweight and his ribs show, Davis said.
Another dog at Lavelle's home was also taken into protective custody, police said. The dog, a 1-1/2-year-old female pointer, is in good condition and shows no signs of abuse, Davis said.
A witness told police that Lavelle started beating the dog about one month ago and did so two to three times a week because he was frustrated with trying to train the animal.
A neighbor of Lavelle's called police shortly before midnight on Wednesday.
The neighbor, who did not want his name revealed, said he was alerted by the sounds of an animal in pain.
He said he saw Lavelle pick up the dog and hold him by the neck. Then he said he saw the dog picked up by the tail and thrown against the wall.
"The poor thing was in such agony. It was a brutal scene," the neighbor said. "The poor dog was howling, crying, and was making all kinds of noises."
If convicted of the misdemeanor charge, Lavelle faces a maximum penalty of one year in jail and a $5,000 fine, officials said.
Sgt. Sherry Schlueter, supervisor of the Broward Sheriff`s Office Animal Abuse/Agricultural Crimes Unit, said she encourages residents to report animal cruelty.
"Just as with child abuse, it's imperative that people act on behalf of victims who can't act in their own behalf," she said.
Saturday, December 5, 1987
Oklahoma: Bill McAnally, his wife Paula McAnally and Johnnie Meders took pleas of no contest on animal cruelty charges after numerous horses dropped dead during endurance races
OKLAHOMA -- Four remaining defendants will stand separate jury trials Feb. 8 on charges stemming from June horse races that killed seven horses, Rogers County authorities said.
The four pleaded not guilty Thursday in Rogers County District Court.
District Judge Steven J. Adams denied motions to combine their trials.
William Schluneger and Billy Coghill of Broken Arrow and Marty Douglas Bates of Claremore each face trial on one count of animal cruelty.
Prosecutors brought two animal-cruelty counts against Jody Trotter of Kiefer.
The charges stem from their alleged roles in June 13 long-distance races near Catoosa in which horses died after competition in hot, humid weather, authorities said.
The race promoter Bill McAnally, his wife Paula McAnally and Johnnie Lee Meders were given fines and deferred sentences after pleading no contest to animal cruelty charges against them earlier this fall.
McAnally dropped a civil lawsuit Tuesday against an endurance ride organization that pulled out of the races before their running.
McAnally dismissed his lawsuit in exchange for the American Endurance Ride Conference's agreement not to sue him, according to court records.
(NewsOK - December 5, 1987)
Earlier:
The four pleaded not guilty Thursday in Rogers County District Court.
District Judge Steven J. Adams denied motions to combine their trials.
William Schluneger and Billy Coghill of Broken Arrow and Marty Douglas Bates of Claremore each face trial on one count of animal cruelty.
Prosecutors brought two animal-cruelty counts against Jody Trotter of Kiefer.
The charges stem from their alleged roles in June 13 long-distance races near Catoosa in which horses died after competition in hot, humid weather, authorities said.
The race promoter Bill McAnally, his wife Paula McAnally and Johnnie Lee Meders were given fines and deferred sentences after pleading no contest to animal cruelty charges against them earlier this fall.
McAnally dropped a civil lawsuit Tuesday against an endurance ride organization that pulled out of the races before their running.
McAnally dismissed his lawsuit in exchange for the American Endurance Ride Conference's agreement not to sue him, according to court records.
(NewsOK - December 5, 1987)
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