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Click title to read articles about local animal abuse cases
By KEVIN MARTIN, CALGARY SUN
Dog owners can't put personal expenses ahead of their pets, an animal rights group spokeswoman said Wednesday after a Calgary man was fined for neglecting his canine.
Heather Anderson of the DAISY Foundation said those who can't afford pets should turn them over to the Humane Society instead of letting them suffer. Anderson's comment came moments after provincial court Judge Allan Fradsham fined Eddie Kwok Yee Chan $1,000 for allowing his dog to suffer.
Crown prosecutor Gord Haight said Chan neglected to get medical attention for his cocker spaniel, Pooka, for months.
Haight said the veterinarian, who ultimately had to euthanize the animal last September, estimated it was in a period of distress for at least three months.
He said the dog suffered various skin ailments, including ear infections, hair loss and oil secretions which Chan failed to deal with.
A friend of Chan's ex-wife, with whom he was staying with at the time, noticed the dog was in rough shape and needed to be taken to the vet, Haight said.
When the woman returned from vacation, the animal still hadn't been treated and she took it in herself, the prosecutor said.
The veterinarian took one look at the dog and determined it had to be euthanized, he said.
According to the doctor, the animal "looked to be a picture of misery and neglect," Haight told Fradsham.
Court was told Chan was unemployed and bankrupt and couldn't afford to pay for medical treatment for the dog.
Along with the fine, Fradsham banned Chan, 65, from owning any animals for the next five years.
But Anderson said that wasn't enough.
"People have to start realizing when you take an animal on, it's not just a spur of the moment thing," she said outside court.
"You should never have a chance of having that beauty in your life," she said of those who abuse their pets.
kevin.martin@sunmedia.ca
By KEVIN MARTIN, CALGARY SUN
Bashing his dog in the head with a flashlight, which led to the animal losing an eye, has landed a Calgary man nine months of house arrest.
Provincial court Judge Bruce Fraser on Tuesday said Donald James Ainsworth poses no danger to the public, so a conditional sentence was warranted.
Fraser said barring Ainsworth from being around pets for five years would alleviate any concern he poses a risk.
He said the term behind bars sought by Crown prosecutor Gord Haight wasn't necessary, noting Ainsworth had no prior criminal history.
"The court … must be satisfied that he would not be a danger to the community," the judge said in citing one of the pre-conditions for considering a conditional sentence order.
"The offender has no criminal record, is 46 years of age, and if prohibited from having the custody or control of an animal ... he could not be said to be a risk to the community."
Ainsworth earlier pleaded guilty to wilfully permitting his dog to be caused unnecessary pain or suffering in connection with a March 14, 2009, incident.
Ainsworth became angry at his miniature Doberman pinscher, Gucci, when she urinated in his truck.
He grabbed Gucci by the neck and shook her before striking her on the head with a flashlight.
The animal ran under some shelving and Ainsworth was unable to get the animal out.
He went to bed, awakening the next morning to find his injured pet beside him.
Ainsworth eventually had a friend take the dog to the humane society, where a vet determined its injured eye would have to be removed.
Fraser agreed with defence lawyer Andrea Serink a jail term in the three- to five-month range sought by Haight wasn't needed.
Outside court, animal activist Heather Anderson said Ainsworth's five-year ban from having pets was a positive step.
"I wish it was a lifetime ban, but five years is better than two years," she said.
kevin.martin@sunmedia.ca
By KEVIN MARTIN, CALGARY SUN
Anger over his cat's inability to control its bowels led a Calgary man to fatally kick the feline, a court heard Monday.
Crown prosecutor Richelle Freiheit said Darren Ronald Lesy kicked his and his girlfriend's pet, Sage, two, after bathing the animal the morning of Aug. 27, 2007, and discovering fecal matter on her.
"I'm not sure whether the cat defecated at that point, or had feces on it," Freiheit told provincial court Judge Gerry Meagher.
Freiheit said Lesy was bathing the cat after it had urinated inside their Rosehill Dr. N.W. residence.
"Mr. Lesy saw the fecal matter, became mad and kicked at the cat," she said.
"The kick made contact with the cat's head."
Freiheit said although Lesy kicked at the animal, he didn't intend to kill Sage.
"It's not the Crown's position that Mr. Lesy intended to cause the death of the cat," she said.
Freiheit said Lesy reported the animal at first seemed okay, but her condition began to deteriorate and he rushed the feline to a veterinary hospital.
"The cat at that point was already dead," she said, adding a vet made an unsuccessful attempt to revive the pet.
"The cause of death was trauma to the upper cervical spinal cord," Freiheit said.
Lesy, 25, pleaded guilty to an animal cruelty charge of causing damage or pain to an animal through wilful neglect.
The offence at the time carried a maximum sentence of six months.
While more recent legislation has increased the maximum to two years, Lesy is entitled to be sentenced under the Criminal Code as it was in 2007.
At defence lawyer David Mohr's request, Meagher ordered a presentence report be prepared by probation.
Lesy, who remains at liberty, returns to court on Aug. 4, when sentencing submissions will be made.
kevin.martin@unmedia.ca
By Daryl Slade, Calgary Herald
CALGARY - A 21-year-old city man will not have a criminal record for beating a four-month-old husky puppy to death with a piece of wood, if he successfully completes a year of probation.
Provincial court Judge Terry Semenuk, in imposing the conditional discharge on Jacob Michael Rabeau on Friday, said although hitting the dog was unnecessary, "the offence was impulsive."
Semenuk noted that Rabeau was in fear of the dog, Shea, when it came at him early on the morning of Aug. 2, 2007, as he stopped to urinate in an alley in the southeast community of Queensland. But he also admitted he overreacted.
"Even if he had a bona fide fear of the dog while urinating, he could have simply got into his vehicle and driven away," Semenuk said in his decision.
Rabeau previously pleaded guilty to causing the dog's death. He must pay $800 restitution to the owner, Justin Kotulak, and $250 to the Calgary Humane Society. He also must take counselling for anger management.
Willie deWit, Rabeau's lawyer, said outside court his client was relieved. "This has been hanging over his head for a number of years. It certainly has been a drain on him," deWit said.
"Of course, he feels badly. He still has to deal with probation and counselling, but he's glad to get it behind him and move on.
"Certainly, this happened on the spur of the moment. As he said, he'd rather take a bite now than react like that."
Court heard the dog, which weighed no more than 4.5 kilograms, had escaped from its yard after owner Justin Kotulak let it out into the yard late at night.
When the dog came towards Rabeau, he retreated to his car, grabbed a 2-by-4 or baseball bat and struck the dog on the head.
Heather Anderson, founder of animal rights group DAISY (Delegates Against Inhumane Suffering Y), said she was extremely disappointed with the sentence.
"It's the worst slap on the wrist I've seen," she said outside court. "He deliberately killed this dog . . . and robbed this family of a lot of years of love from this dog.
"What is $800 when you lose a family member. Kids have to suffer and they blame themselves for letting the dog loose in the first place."
Crown prosecutor Richelle Freiheit, who had sought 21 to 30 days jail, said she was surprised by the sentence, but would have to review the judge's written decision before deciding whether to appeal.
"It's been very tricky, because there is this explanation that he acted out of fear. It's hard for someone to prove what's in someone's mind," Freiheit said.
"You normally have to look at their actions. In this case we've got a man who says, 'I love dogs, I've had pets.' I can't dispute that he was afraid. To me, it's a bit strange to be afraid of a four-month-old husky puppy, if you've had that experience with dogs. But we can only prove what people saw and the evidence that was there."
Court heard Kotulak had let Shea out into the backyard shortly before the incident and he managed to escape. When Kotulak discovered his dog was missing and went to the alley to look, he approached a vehicle with several occupants and heard one voice say "we just killed it."
The owner then discovered the puppy, which had severe head trauma, was bleeding from the ears and started convulsing. The car then drove away.
Kotulak then picked up Shea and carried him to the backyard, where the puppy died in his arms.
dslade@theherald.canwest.com
By Deborah Tetley
Charges have been laid against a woman six months after a Doberman puppy was found critically injured and abandoned in a blood-covered kennel outside a vet hospital.
The woman faces one Criminal Code charge of abandonment or wilful neglect of an animal in distress. She has also been charged under the Animal Protection Act of Alberta with causing or permitting an animal in her care to be in distress, Calgary Humane Society officials said Tuesday.
"Public support for this puppy was incredible," said executive director Patricia Cameron. "Our animal protection investigators did a huge amount of work on this case and it truly demonstrated that Calgarians will not stand for animal abuse and cruelty or neglect."
The dog, which is now eight months old, has been renamed Mike by the foster family who has been caring for him since he was found last November in the parking lot of Calgary North Veterinary Hospital.
He was underweight, dehydrated, had a broken leg, a head injury and required surgeries. At the time, officials said he'd been abused.
Since then, he's made a remarkable recovery, Cameron said.
"Despite what was clearly a horrible ordeal, Mike is still ready to trust, to love and to enjoy life," she said.
A Criminal Code conviction could mean a maximum penalty of six months in jail, a $5,000 fine and a lifetime ban on owning animals, the humane society said.
Cynthia Guan, 22, of Calgary, is to appear in court May 27.
The founder of the DAISY Foundation, which received a donation to put up a $10,500 reward for information leading to an arrest, said she's happy someone has been charged.
"This case was sad," said Heather Anderson. "I am excited about the arrest and hopeful the evidence sticks."
dtetley@theherald.canwest.com
By KEVIN MARTIN
Blinding his pet dog by whacking it with a flashlight should land a Calgary man up to five months in jail, a prosecutor said Wednesday.
But the lawyer for Donald James Ainsworth said her client should be spared any jail, or at worst given a term which can be served on weekends.
Defence counsel Andrea Serink said other animal abuse cases, even those involving deaths, have resulted in punishments less than the three- to five-month term the Crown wants for her client.
"Denunciation and deterrence can be achieved in this case by your honour imposing a community-based sentence, or a sentence which can be served on an intermittent basis," Serink told provincial court Judge Bruce Fraser.
But Crown prosecutor Gord Haight said other cases where lighter sentences were handed out occurred before Parliament upped the maximum penalty for cruelty to animals.
"Anything less than an actual jail sentence would be inconsistent with the fundamental principals of justice," Haight said.
"Parliament has now tripled the maximum sentence when the Crown proceeds summarily," he said.
Before the changes animal cruelty was always a summary crime with a maximum of six months, Haight noted.
Now if the Crown proceeds by indictment the highest jail term available is five years.
Haight said there were aggravating factors in Ainsworth's March 13, 2009, attack on his miniature Doberman pinscher, Gucci, which has since been seized by the Humane Society.
Haight said Ainsworth grabbed Gucci by the neck and shook her before striking her on the head with a flashlight after the dog urinated in his truck.
Ainsworth didn't take the dog for medical treatment until he asked a friend to do so the next day.
The prosecutor said the dog's injured eye had to be surgically removed, although a Humane Society vet said immediate treatment may have saved it, Haight said.
"The most obvious aggravating factor here is the severity of the actions of the accused with respect to this animal," he said.
"The accused admitted to not only striking the blow, but grabbing her by the neck and shaking her."
A contrite Ainsworth told Fraser: "I am very, very sorry for what I have done to my pet, I'm very, very ashamed."
Fraser will hand down a sentence on June 15.
Ainsworth remains at liberty until then.
kevin.martin@sunmedia.ca
By KEVIN MARTIN
Beating his wife, trying to strangle her dog with a noose and then spitting in a cop's face has landed a Calgary man a seven-month jail term.
But animal rights activists are applauding a secondary part of Bradley Kim Bergman's punishment — a 10-year order that he have no pets.
Provincial court Judge Sean Dunnigan agreed with Crown prosecutor Gord Haight that Bergman's conduct warranted at least a seven-month jail term.
Calling Bergman's conduct "despicable," Dunnigan said the admitted abuser still doesn't understand the gravity of his actions.
"It appears ... he does not see what he did to be any big deal," Dunnigan said.
"Mr. Bergman seems to minimize his actions and excuse his criminal behaviour."
The judge said Bergman's attack on his common-law wife Denise Head's pet Corgi, Buddy, was calculated to harm her further after he had repeatedly punched her.
"He intended her to suffer greatly," Dunnigan said.
Bergman, 56, was angry at Buddy on March 1, 2009, for vomiting in their house and when he said he was going to "skin and gut" the animal, Head attempted to intervene.
When she did that he threatened to do the same to her before taking the dog to the garage and tightly tying a noose around its neck.
He also forced his way into a bathroom where Head had retreated for safety and to call police, before repeatedly punching her in the back.
When police arrived Bergman said he hoped the dog was already dead and spit into Const. David Grouchey's face.
Police were able to save the animal, which was having trouble breathing.
Outside court, Haight said the 10-year pet ownership prohibition, under relatively new legislation, is the longest he's seen in Calgary.
The penalty was applauded by a small group of animal lovers who had attended the sentencing.
Heather Anderson, of the DAISY Foundation, said she was pleased Bergman will have no control over any pet for the next decade.
"We're really happy with the 10-year ban," Anderson said.
"A 10-year ban is about as good as we're going to get."
She was also relieved to see that Bergman is going to jail.
"I'm glad he got some time I'm really happy about that, but it would've been nice (if it was) more time," she said.
Along with jail, Dunnigan handed Bergman two year's probation.
kevin.martin@sunmedia.ca
By KEVIN MARTIN
Next time Calgary puppy killer Jacob Rabeau will take the bite and spare the dog, his lawyer said Thursday.
Defence counsel Willie de Wit said Rabeau overreacted when he clubbed to death a Husky pup that was barking at him, but has learned his lesson.
"My client told me ‘in the future I'll take a bite over hitting a dog,'" de Wit told provincial court Judge Terry Semenuk.
Rabeau, 21, pleaded guilty to a charge of animal cruelty in connection with the Aug. 2, 2007, death of Queensland resident Justin Kotulak's four-month-old pet, Shea.
Crown prosecutor Richelle Freiheit said Rabeau was urinating in an alley behind Kotulak's home when Shea approached in what two witnesses described as an excited state.
"The puppy approached the accused in this excited state and the accused believed the puppy was going to nip him, or bite at his legs," Freiheit said.
"The accused finished urinating and ran to the back of his car with the puppy following him and continuing to bark," she said, reading from an agreed statement of facts.
"The accused opened the rear, driver's side door and removed a wooden object, either a two-by-four, or a bat.
"The accused swung the wooden object at the puppy, connecting once with the puppy's skull," she said.
Kotulak, noticing his dog had escaped the backyard, went looking for Shea and found him in a grassy area beside the alley.
"Kotulak picked up Shea and carried him into the backyard, where the puppy died in his arms," said Freiheit, who is seeking a short jail term and up to 18 months probation.
De Wit said his client was initially concerned for his safety, but overreacted by using a piece of wood to strike the animal.
"He acted on instinct and he acted the wrong way," de Wit said.
The lawyer suggested a conditional discharge, which would mean Rabeau would have no criminal record once he completed probation, would be appropriate.
Semenuk will sentence Rabeau May 7.
kevin.martin@sunmedia.ca
Posted by Doreen on Monday, March 1st, 2010 at 8:21 pm.
Gary Cope, 35 has been added to the list of those charged with the shooting of a pregnant mare West of Sundre. Earl Anderson, Jason Dixon and a 13 year old boy, who cannot be named under the Young Offenders Act, were charged earlier this year. Jason Dixon has also been charged with uttering threats to a Fish and Wild Life Officer, interfering in an investigation and assaulting a witness. None of the accused showed up today, instead they reserved their plea until March 29th. The boy will be tried separately in a youth court.
It was good to see support coming from the Daisy Foundation's, Heather Anderson and her team. The foundation was created after the horrific case of animal abuse of a female dog named Daisy Duke who's legs were bound together and then was dragged behind a vehicle. Daisy Duke was later humanely euthanized by a veterinarian. The Foundation is wanting stiffer penalties for animal abusers and are looking for support of bill C373 see link below for details. http://www2.parl.gc.ca/content/hoc/Bills/391/Private/C-373/C-373_1/C-373_1.PDF
Check out their website at http://www.daisyfoundation.ca/
I was pleased to see the Daisy Foundation there, and felt quite comforted by their presence. Collectively, animal advocates everywhere could create a much more powerful voice for all animals, if groups such as ours, all banded together in that which is ultimately a common goal. That goal is to protect every species of animal from abuse, neglect and an untimely death at the hands of man. Thanks again Daisy Foundation. Keep up the good work. See you on the 29th.
Thank you as well to Carol Srvcek and her partner Alan Hardy of Calgary, who are long term WHOAS members and good friends of ours. They met me first thing this morning in the parking lot of the provincial court house in Didsbury, and Carol proudly held up the WHOAS banner with me later on. As well, thank you Judy Becker of Calgary, who was there showing support with her grandson Wilder. Judy has a mini sanctuary which houses three wild horses that were rescued in January 09. The mare and her two fillies are making remarkable progress in Judy's care. They were with 10 other wild horses rescued, which other wise were headed to the slaughter plant.
On a lighter note, tomorrow is a big day, I will ride Wyley for the first time under the tutelege of Mary. We will bring the much mellower wildie gelding home in mid March once I get a few riding lessons under my belt. Judy will be filming this hopefully noneventful, event and perhaps will it be posted on this site if all goes well. Wish me Luck, although I am sure I won't need it. (nervous lol).
See link below to view CTV News footage of today's court hearing.
BY DARYL SLADE
A nimals rights activists showed up Tuesday at the Calgary Courts Centre as judges dealt with three cases of dog abuse in which animals were hanged, beaten to death and had eyes gouged.
"It's really bad when in one day there are three cases on the court dockets in one city," Heather Anderson, founder of DAISY (Delegates Against Inhuman Suffering), said outside court.
"If the public sees these people are getting more than a slap on the wrist, they'll quit doing it. The general public doesn't realize how many cases there really are, yet only a very small percentage even make it to court."
Bradley Kim Bergman, 56, faces jail time after pleading guilty to assaulting his common-law wife, who tried to stop him from hanging her dog after the pet vomited in their house. Bergman also admitted to the animal abuse charges and spitting in the face of a police officer who answered the domestic call for help.
"The assault against Ms. (Denise) Head . . . no doubt induced a fair amount of terror," Crown prosecutor Gord Haight argued in seeking a sentence of seven to 10 months.
Lawyer Patrick Flynn said his client suffered from depression and is on medication to control his anger.
"This man, for many reasons, has not been treated properly (medically)," said Flynn.
Court previously heard Bergman told Head after her six-year-old dog Buddy vomited: "I'm going to show you I can skin and gut a dog."
The woman stepped in front of Bergman, who took the dog out to the garage and tied a noose around its neck.
Head called police and an officer had to cut the rope to save the dog's life. Const. David Grouchey asked Bergman about the dog and Bergman said he hoped it was dead by now, then spit in the officer's face.
The dog has since been adopted.
The case will be back in court on Friday to set a date for sentencing.
Michael Rabeau, charged with the beating death of a puppy, had his case adjourned until today to set a trial date. He had pleaded guilty but changed back to not guilty.
Donald Ainsworth pleaded guilty to a similar charge of animal abuse, and had his case adjourned until Feb. 17. He is charged with inflicting severe eye injuries to a dog named Gucci.
dslade@theherald.canwest.com
© Copyright (c) The Calgary Herald
Three separate cases involving animal cruelty were before the courts in Calgary on Tuesday.
One of the cases involved Bradley Bergman. The 56-year-old pled guilty to tying a noose around the neck of his girlfriend's dog and threatening to hand and gut the animal.
While the cases were going on inside, The Daisy Foundation held a demonstration outside. "As far as the law goes, because this was his property, he's probably going to get away with it, because of the property law in Canada - that animals are considered property – which is ridiculous," says Heather Anderson, a member of the animal rights group.
Also in court on Tuesday was Donald Ainsworth. He pled guilty to animal cruelty for beating his dog with a flashlight – an assault that left the animal blind in one eye.
The third case involved a man accused of beating to death a four-month-old puppy. This case has been set over.
"It just goes to show how many cases are really happening in this county. And when you consider these are the cases going to court, what about the ones that didn't have enough evidence," says Anderson.
The Daisy Foundation says changes are needed to Canadian law so animal abusers are given stiffer sentences. The group is lobbying the federal government to pass Bill C-229.
The search for the person who savagely beat a three-month-old puppy was thrown a $9,400 treat by a donor furious over the assault.
The donation to the animal advocate Daisy Foundation brings the total bounty for information leading to the conviction of the animal abuser to at least $10,500, said the group's founder, Heather Anderson.
"We were hoping it would go to $1,000, then this," said Anderson, adding the anonymous donor owns two dogs.
"He's obviously an animal lover and he was obviously mad about it."
On Nov. 3, the bloodied, emaciated and unconscious Doberman pup was found in the parking lot of the Calgary North Veterinary Hospital at 4202 4 St. N.W.
Among the wounds suffered by the dog nicknamed Mike was a broken left foreleg and head injuries. But after surgery, the animal is recovering well, say Calgary Humane Society officials.
Henderson said news of the donation -- given Thursday -- has already made a difference in the investigation.
"We had more leads this morning than we had when the fund was at $600," she said.
Even if the reward is claimed, Henderson said the foundation is determined to create a permanent cash pool for such cases.
And unless Canadians press politicians to increase the penalties for animal abuse, such donations will continue to be needed, she said.
"Even we get a conviction for this guy, he'll just get a slap on the wrist," she said.
Anyone with information that can lead to the name of the dog's owner is urged to call the Calgary Humane Society at 403-723-6038.
A local foundation is offering a $10,500 reward for information that identifies the person who injured a three-month-old Doberman puppy that was abandoned at the Calgary North Vet Clinic.
The pup was discovered covered in blood in the clinic parking lot on Nov. 3. It wasn't expected to survive its injuries, but after surgery, it's recovering.
Calgary Humane Society investigators are looking into who is responsible for the suspected case of animal abuse. The DAISY Foundation is hoping its reward for information leading to an arrest will help.
"I really think we're going to get an arrest because of this (reward)," said Heather Anderson, who formed the group two years ago after a dog named Daisy Duke was killed by his teenage owner and a friend in Didsbury.
The foundation received several small donations before an anonymous Calgarian contacted them to contribute $9,600 towards the reward.
By Stephane Massinon, Photograph by: Ted Jacob; Calgary Herald
CALGARY - The Calgary Humane Society suspects animal abuse after an injured pup was left outside a veterinary hospital in a kennel that was covered in blood.
The young Doberman was abandoned late Tuesday in the parking lot at the Calgary North Veterinary Hospital.
Humane Society spokeswoman Lindsay Jones said the dog's injuries may be life-threatening.
"Unfortunately, we do see these cases come through our doors, but this is unusual in that it's such a young pup and his injuries are quite severe and there's no explanation for them," said Jones.
The agency hopes to find out who or what was responsible for the injuries.
Vets have been working to stabilize the Doberman and get its fluids up, Jones said.
It has suffered a broken front leg and trauma to his head.
"It's heartbreaking for each and every staff member," said Jones, who added she fought back tears when saw the injured pup.
"We are doing our best, and he is improving, but his condition is still guarded."
The pooch is thought to be three months old, and because it is so skinny, there are concerns it was being neglected. If it survives, the pup will need extensive care and rehabilitation, the humane society said.
Dr. Drew Van Niekerk, co-owner of the Calgary North Veterinary Hospital, said the animal had to have been dumped because it could not have walked on its own.
The Doberman will undergo surgery, at no charge for the operation, which would normally cost $3,000. Van Niekerk believes it will likely survive.
"We're all dog lovers and cat lovers here, and it's hard on staff when they have to face the realities of people who are less than responsible," said Van Niekerk. "Unfortunately, in a 24-hour busy emergency practice, we get to see this stuff too often."
He worries that when stories like these arise, some people may feel it's OK to dump an unwanted or injured animal at their doorsteps.
"It's important to realize that regardless of any circumstances, a pet owner's responsibility . . . is to do the right thing. I know that life is complicated, but animals don't deserve this kind of thing," said Van Niekerk.
The humane society's peace officers are investigating the case and believe the injuries were likely inflicted by someone. Peace officers are able to lay charges of animal cruelty and neglect under the Animal Protections Act of Alberta, Jones said.
Heather Anderson, founder of the Daisy Foundation, said the case "makes me sick to my stomach."
Anderson said she hopes people with information about the case will come forward to authorities.
smassinon @ theherald. canwest.com
By Judy Taylor
Re: "Owner says sentence in sheep attack too lenient," Oct. 22.
I don't cry easily, but this kind of cruelty toward animals brings tears to my eyes. Fifty months of community service (likely only a few hours a year) and a fine of $607 payable to the owner is laughable. Why is the brutal beating of an animal treated so lightly?
I know money isn't everything, but perhaps people who commit such brutality should feel it for the rest of their lives. Would a required contribution to the Daisy Foundation (Delegates Against Inhumane Suffering) of $100 per month for the rest of their lives be out of line? It might make them think twice, and it might just save just a few animals from such a horrible fate. That money could go a long way toward education and animal rescue.
Youth must pay fine, serve community
By Gwendolyn Richards; Calgary Herald, Photograph by The Gazette/Marie-France Coallier
CALGARY - A sentence of probation and community service for a Strathmore teen who attacked a sheep-- injuring it to the point it had to be put down--doesn't fit the crime, says the animal's owner.
The youth, who cannot be named under the Youth Criminal Justice Act, was ordered to perform 50 months of community service and pay restitution of $607 to owner Mel Smart.
Smart, who has been to all of the teen's court appearances since the June 2008 incident, said she expected nothing more from the sentence considering the limitations of youth court guidelines, but is still disappointed.
"I certainly don't think beating-- resulting in the death of an animal--versus probation is any way, shape or form equal," she said Wednesday. "I always hope that some sort of justice is going to prevail. But, unfortunately, the way the youth court system works in Canada, that's not going to happen."
Smart had loaned her herd of about 300 sheep to the Strathmore Agricultural Society to help maintain its grounds last summer.
The animals were behind a two-metre high, chain link fence when four teens entered the area and harassed the animals. The youth used a hockey stick to beat the sheep.
Smart said one ewe had to be put down due to extensive injuries, and more than a dozen others were injured.
Four teens were charged with trespassing and one faced the second charge of injuring cattle.
He pleaded guilty to the second charge in Strathmore provincial court. The trespassing charge was withdrawn.
According to Smart, the judge blasted the teen, who was under probation at the time of the incident, and adjourned court to allow the youth and his family to make arrangements to get the money for restitution so it could be paid that day.
Animal activist Heather Anderson said she was surprised the teen pleaded guilty and saddened the sentence did not reflect the brutality of the crime.
"Every bone was shattered," she said. "She had to lay there until she was found."
Anderson, who created the DAISY Foundation, said cases like these indicate there is a need for tougher penalties for animal cruelty.
"There's no difference between animal abuse and people abuse and it has to stop," she said.
grichards @ theherald. canwest.com
Fundraiser - Close to $3,000 was raised at a weekend fundraiser designed to help Calgary pets. The money raised at the second annual Daisy Duke Memorial Benefit will go toward the Daisy Foundation's spay and neutering program, said spokeswoman Heather Anderson.
The foundation, formed in October 2007 after a dog named Daisy Duke was killed by his teenage owner and a friend in Didsbury, works to prevent animal abuse.
The group is lobbying the Canadian government to toughen the legislation around animal abuse, said Anderson. The fundraiser was held Saturday evening at the Albert Park Radisson Heights Community Association. All of the money that is raised through the organization goes toward humanely reducing the population of stray cats and dogs. Its spay and neuter program is provided free of charge.
Animal activists fuming at further sentencing delay
CALGARY -- Animal rights activists hoping to see a dog killer carted off to jail left court disappointed yesterday.
A handful of placard-waving protesters gathered outside the Calgary Courts Centre, and some even went in to watch the proceedings in hopes of seeing Jacob Rabeau's sentencing.
But defence lawyer Brandi Aymont asked that the hearing be delayed after receiving a binder of case-law related to the case from Crown prosecutor Richelle Freiheit.
"I would like an opportunity to review these," Aymont told provincial court Judge Frank Maloney, who reluctantly granted her request for a further delay.
Rabeau, 20, pleaded guilty last Nov. 10 to an animal cruelty charge in connection with the Aug. 2, 2007 death of a four-month-old puppy.
The city man admitted clubbing to death the Husky puppy owned by Calgarian Justice Kotulak shortly after midnight that day.
Court was told Rabeau was urinating in a green space behind Kotulak's home when the dog, which escaped from its owner's backyard, ran up to him excitedly.
Two teen witnesses were unable to say if the puppy was growling and aggressive, or simply romping and playing, Freiheit said last fall.
She said Rabeau's response "was to finish urinating" and then run to his car and retrieve a piece of wood, or bat.
"He took this wood and swung it once at the puppy, connecting with its head," Freiheit said.
Rabeau's sentencing was adjourned from November, so a pre-sentence report could be prepared.
It was scheduled to proceed in January, but was delayed at that time.
Outside court, Heather Anderson, of the Daisy Foundation - named after a brutally killed Didsbury dog - said she was frustrated at the further adjournment.
"We're very disappointed because we thought maybe there would be some type of sentence today," said Anderson, as three supporters nodded in agreement.
"It's just ridiculous," she said.
Anderson, who is pushing for tougher legislation through a petition on her website, stopanimalcrueltyincanada.wordpress.com, said it shouldn't take nearly two years to get a case such as Rabeau's through court.
His case resumes before Maloney on July 13.
KEVIN.MARTIN @ SUNMEDIA .CA
PINCHER CREEK -- A man convicted of dumping five puppies in an outhouse in the middle of winter has been fined almost $6,500 and given probation.
Frederick Hoath, 57, of Fernie, B.C., was sentenced yesterday in Pincher Creek provincial court on five counts of animal cruelty.
He was placed on probation for two years, fined $1,000 on each of the five charges and levied a $150 surcharge on each. He was also prohibited from owning or possessing animals for two years, withthe exception of the dog he owns.
Heather Anderson of the Daisy Foundation, a Calgary-based animal-rights group, said she was disappointed with the sentence, adding she had hoped Hoath would get jail time. He must also pay $718 to cover the cost of removing the toilet off the concrete foundation to rescue the dogs. And he must perform 100 hours of community service, receive treatment for alcohol abuse and counselling on how to treat animals.
The Crown had been pushing for a three- to four-month jail sentence.
A judge has quashed a Calgary man's guilty plea for clubbing a four-month-old puppy to death, after a dispute over the facts arose during sentencing arguments on Monday.
Brandi Aymont, who represents Jacob Michael Rabeau, said her client's instructions were that he was acting in self-defence when the husky-shepherd cross came growling towards him just after midnight on Aug. 2, 2007.
Aymont told provincial court Judge Frank Maloney that Rabeau and a friend had stopped in a grass area near an alley when driving in the southeast community of Queensland when the incident occurred.
An animal protection group is being flooded with angry calls and emails after a Calgary police officer admitted he kicked a dog that died soon after.
Three and a half year old Harley died Sunday night outside his Lake Bonavista home.
His owner, Melanie Dunne says Harley was off leash for a moment when he ran across the street to another dog.
Dunne says that's when the owner of the other dog kicked Harley and walked away. Harley died moments later.
Tuesday, an off-duty police officer came forward and admitted he kicked Harley.
The Daisy Foundation says it's fielding calls from all over Canada demanding the officer be charged. Heather Anderson says, "this was a case of animal abuse at its finest because this dog did not need to die in this situation. This could have been controlled in a different way, and he did not do it in the right way, so I believe he should be charged."
Police continue to investigate. They say the officer is co-operating.
Animal lovers gathered Sunday to lobby for tougher animal cruelty laws.
Members of the Daisy Foundation organized the rally.
The group lined 17th Avenue SW holding signs and a petition asking for support from Canadians.
They're also asking the federal government to replace the current animal laws with a new bill. Animal rights activists say Bill C-373 would close certain loopholes in the current legislation.
A Didsbury man has been given jail time for abusing a dog so badly that it had to be put down.
Daniel Haskett, 21, pleaded guilty to charges of injuring/endangering an animal and causing unnecessary suffering to an animal.
He later tried to change his plea but a judge refused the request.
On Wednesday, Haskett was sentenced to 30 days in jail for his involvement in the death of a dog named Daisy Duke. The time will be served on weekends at the Calgary Remand Centre.
Haskett was also ordered to perform 40 hours of community service and will be on probation for one year.
Some animal rights activists are disappointed with the sentence. "There's got to be better laws for these animals because animals are still treated as property here and that's pathetic," says Heather Anderson. "They are living, breathing creatures that give a lot of love and we should respect them more."
Daisy Duke was beaten and dragged behind a truck for 100 metres. The animal's injuries were so severe that it had to be put down.
The maximum sentence the judge could have delivered was six months in jail or a $2,000 fine.
Animal rights activists are frustrated they won't find out the fate of Daniel Haskett for two more months.
Haskett is the young man who pleaded guilty to two counts of animal cruelty.
More than two years ago, Haskett, and a youth who can't be named, beat and dragged the family's dog, Daisy, to its death.
The case has slowly moved through the court system in Didsbury, and at his last appearance, he wanted to change his guilty plea.
On Tuesday, the judge ruled Haskett's guilty plea stands, and arguments were heard by both the Crown and Defence on what his sentence should be.
Animal rights activist, Heather Anderson with the Daisy Foundation, says she doesn't like how the legal system views cruelty to animals.
"He's trying to make it as though Daisy is nothing but a piece of property, and that's so pathetic, because when a life is taken we should do something about the law. The law should say when a life is taken, someone should do jail time, and this young fellow needs to do jail time."
Haskett will in Didsbury court on December 17th to be sentenced.