Dog case raises interest in animal cruelty laws

[Crossfire Bulldogs]

By Trish Hollenbeck - Northwest Arkansas Times

In a roundabout way, a local man has received felony-level punishment for mistreating dogs, which were found dead in a rental home in Winslow — even though the state of Arkansas does not have a felony animal cruelty law.

Dennis Osborn, 30, was sentenced to eight years in prison Thursday for leaving five dogs — later found dead in July by a landlord — at a rental property in Winslow. Osborn claims the dogs were sick with the Parvo virus. It is unclear whether they died before he left the state for three months or while he was gone, according to Dustin Roberts, deputy prosecutor for the 4 th Judicial District Prosecutor’s Office.

The landlord found the dogs after three months of Osborn’s absence. He had been paying rent for three months while he was away.

Damage to the property included evidence of the dogs eating the wood in the floor, Roberts said.

Osborn was not prosecuted for animal cruelty. Instead, he pleaded guilty to second-degree criminal mischief for the damage caused to the property — three dogs in the home, two in the shed.

Jill Hatfield, superintendent of animal services in Fayetteville, said the way the case was prosecuted says something about the state, that damage to property means more than the lives of living creatures.

She said there probably will be an attempt next legislative session to prompt the Arkansas Legislature to pass a felony animal cruelty law.

Although there would still be a misdemeanor-level animal cruelty law on the books, she said, a new felony-level law would address aggravated cruelty and absolute neglect.

Arkansas is one of eight states that does not have a felony animal cruelty law. The other eight are Idaho, Hawaii, Utah, North Dakota, South Dakota, Alaska and Mississippi, according to the Humane Society of the United States.

Efforts to change

A few years ago, Hatfield said, there was a ballot effort in the state to make animal cruelty a felony, but it failed. How it would affect those who raise livestock was an issue brought up, she said.

“ It didn’t have anything to do with farm animals or livestock, ” she said, adding that it dealt with companion animals.

Audie Ayer, communication coordinator for the Arkansas Farm Bureau, said the organization opposed the animal cruelty as penalty language in the 2000 ballot because it was a poorly written law.

An excerpt from Farm Bureau Arkansas’ policy book states that violations of animal cruelty laws should remain a misdemeanor, except in extreme cases of cruelty to companion animals.

A proposal to make animal cruelty a felony in Arkansas was put forth in the 2004 legislative session, but did not pass. It would have created a felony provision in the state’s animal cruelty statute for the most heinous instances of abuse.

Stanley Hill, associate director of governmental affairs for the organization, said the Arkansas Farm Bureau backed the effort for a tougher penalty for those who were cruel to companion animals, which, he said, is in line with the policy.

“ Our policy is voted on on an annual basis, so what we’re operating under now is our 2006 policy, he said. “ There could be other changes come our convention this December. ”

State Sen. Sue Madison, D-Fayetteville, said she would support making animal cruelty a felony.

“ I have supported an animal cruelty felony bill since 1995, ” she said.

The “ deal-breaker” in the proposal last legislative session, she said, was that the bill would have stripped enforcement officers with humane societies of the power to investigate cases of alleged cruelty.

“ It really weakened what could be done because, in some areas, they’re the only option for pursuing some of these things, ” she said.

Animal cruelty-criminal link

Hatfield said she is concerned about what message it sends when mistreatment of animals is not punished more.

It is a known fact, she said, that serial killers and abusers start out in the realm of animals.

The FBI, specifically, has linked cruelty to animals to criminal behavior.

Madison agrees with Hatfield that abusing animals is an indicator of crimes people may commit involving fellow humans, and said that punishing them for a serious charge involving animals could prevent some of the human tragedies.

Eva Madison, president of the Humane Society of the Ozarks, said her organization is working with Hatfield and others across the state to draft legislation that would make animal cruelty a felony.

“ We think that people who are cruel to animals progress to greater forms of cruelty, ” she said. “ Virtually every serial murderer started off as an animal abuser and progressed to more serious forms of violence against people. ”

The connection between domestic violence and animal abuse is another factor she mentioned; doing something to pets may be a threat made to children being abused.

Besides that, she said, “ We think that animal cruelty is wrong. We see animals as our friends and our pets and society should value their lives. ”

Prisons already overrun

While she does not know how she might vote, State Rep. Marilyn Edwards, DFayetteville, gave prison overcrowding as a reason she might not be keen on incarceration for animal abusers.

But Eva Madison said, “ We have to assess who we’re putting in prison and why we’re putting them in prison, and try to figure out where people who abuse animals fit in that scheme. ”

Edwards said she probably would support heavier fines, but she also said she would have to read the bill. She also mentioned community service as a possible sentencing tool.

Rep. Bill Pritchard, RElkins, said he believes there are laws in place to deal with situations whereby animals are, for example, starved to death or intentionally harmed.

Before taking a definite position on the felony issue, he said, he would have to see the bill.

“ Anything we do we have to take into account best practices for farm animals and the food industry, and be sure we don’t infringe upon the rights of those people who are trying to do the right thing and raise food. ”

Edwards also mentioned the need to get input from farmers.

Ayer, too, stressed the need to “ make sure whatever is passed in Arkansas is reasonable and workable to this state’s livestock and agriculture, which is a big part our state’s economy. ”

State cruelty laws

Every state has some kind of animal cruelty law, according to the Humane Society of the United States.

Some states, however, still categorize egregious acts of intentional cruelty as misdemeanors or felonies with relatively weak penalties.

As of April 2006, according to the Humane Society of the United States, 42 states had enacted felony-level penalties for certain animal cruelty acts — 28 of them in the past 10 years.

Most states cover all animals, but several restrict felony-level penalties to crimes against zoo or companion animals.

In Arkansas, it is a Class A misdemeanor and psychological counseling may be ordered in addition to fines of up to $ 1, 000. A person could be sentenced to up to a year in jail.

With it only being a misdemeanor, Eva Madison said, however, she believes prosecutors and law enforcement officers might think, “ Why bother. If the law doesn’t take it seriously, why should we ?”

In neighboring Missouri, animal abuse is a Class A misdemeanor, but the second offense is a felony, except in cases of torture or mutilation, when the felony kicks in on first offense. The maximum fine is $ 5, 000 and perpetrators may get up to five years of incarceration. In Oklahoma, it is a felony on the first offense, the maximum fine is $ 5, 000 and maximum incarceration levels are five years in the state prison and one year in a county jail.

The maximum jail time in Alabama is 10 years and it is considered a Class C felony on the first offense.

Some states require counseling as part of the sentence; in some cases, such as in California and in Texas for juveniles, it is mandatory.

Those who are mistreating animals, Hatfield said, need to get help.

Edwards, however, cited lack of mental health resources in the state.

“ We can’t even get counselors to take care of our people who are mentally ill on the streets, ” she said.

Madison says counseling while animal abusers are incarcerated under the felony statute would be appropriate.

When it is clear there has been overt infliction of pain and suffering, she said, “ I think some prison time is in order there. Do we want [the abusers ] in society ?”