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Archive for Tuesday, September 19, 2006

Man charged in rabbit killing must post bond

September 19, 2006

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A Lawrence man charged with killing a pet rabbit now has 48 hours to turn himself in and post bond, a Douglas County judge ruled Monday.

Judge Pro-Tem Peggy Kittel told Austin Newport during an arraignment hearing that he'll have to be booked into jail and then post a $2,500 signature bond before his preliminary hearing late next month.

Newport has been charged with felony animal cruelty for allegedly killing his and his roommate's pet rabbit by putting it in a plastic bag and trying to break its neck.

Newport has said he couldn't care for the animal anymore and planned on using it for food.

His next hearing will be before Judge Paula Martin on Oct. 26.

Comments

dressagejku 8 years, 3 months ago

If you read the other lj world articles about the situation you would know what happened. the jerks roommate turned him in.

Stefanie Berry 8 years, 3 months ago

I worked with Austin Newport for one semester. I believe he needs mental help. Who knows what might happen in the future if he recieves no punishment or help?!? If one honestly needed the animal for food because they were poor, then I would think twice about punishment, but this young man did NOT need to eat this animal. Mr. Newport needs help.

dozer 8 years, 3 months ago

but Marion, the rabbit didn't want an abortion.

Sacerdotal 8 years, 3 months ago

Kill the Wabbit; Kill the Wabbit.....be vewy vewy careful when looking for bond money............

roger_o_thornhill 8 years, 3 months ago

How did this fellow's behavior even come to the attention of the authorities? Sometimes articles here leave out seemingly important (or at least interesting) information.

Confrontation 8 years, 3 months ago

Yes, Marion has apparently carried many babies in his womb. He should complete control over wombs.

Jersey_Girl 8 years, 3 months ago

And we're not the only state making animal cruelty a felony:

Published in the NY POST, 3/29/06 http://www.nypost.com/news/regionalnews/66177.htm

By PERRY CHIARAMONTE and DAREH GREGORIAN

March 29, 2006 -- Fry him! An appeals court says a Manhattan man was properly sentenced to two years in prison for the cold-blooded killing of a goldfish.

"You want to see something awesome?" Michael Garcia asked 9-year-old Juan Torres before stomping on the boy's goldfish, named Crystal, killing it instantly two years ago.

"My sisters were very upset. They were crying," Juan, now 11, told The Post. Garcia later attacked both Juan and his mom, Emelie Martinez.

Garcia was convicted of assault and felony animal cruelty - but argued that the cruelty rap should be reduced to a misdemeanor or tossed altogether because the victim was just a fish.

"Beloved household pets they [fish] may be, but 'companion animals' in the same vein as dogs or cats they are not," argued Garcia's lawyer,

Robert Dean. "If dropped in a pond and offered the opportunity to swim away, a goldfish will do so without any hesitation and not look back."

But in a landmark decision, the state Appellate Division yesterday disagreed with Dean's contention "that all household pets are equal, but some are more equal than others."

While the five-judge panel partially reduced Garcia's overall prison sentence on a technicality, they upheld the felony cruelty conviction, filleting his argument that "goldfish are not domesticated animals because given the opportunity they would leave home."

"While this trait arguably distinguishes fish from dogs and, probably to a lesser extent, cats, it fails to take into account that many other animals commonly considered pets . . . would depart for less confining venues and greener pastures if given the opportunity," Justice James Catterson wrote.

The fish kill happened in 2003 in the Lower East Side apartment Garcia shared with Martinez, her three kids, Juan, Crystal, then 8, and Emaleeann, 5, two dogs, and a cat. They also had three goldfish, named after the kids.

Martinez said she woke up at 3 that morning to find the 6-foot-5 Garcia standing over her, holding their 20-gallon fish tank. He then hurled it into the TV, shattering both.

Juan rushed out to see what was happening, which is when Garcia "stomped" on Crystal, the decision says.

Garcia went berserk again the next day, punching Martinez in the face and choking her. He went after Juan when he jumped in to help his mom.

He was sent up the river for seven to 15 years, but the appeals court reduced his time to five to 11 years after finding fault with one of the assault convictions.

Dean said he'll attempt to appeal the decision to the state's highest court, the Court of Appeals.

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