Court says beating 7-month-old Boston terrier puppy to death with bat "not torture"

wfgodot

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Court: Killing of puppy with bat wasn't torture. (AP/Daily Oklahoman)
IOWA CITY, Iowa (AP) — An Iowa man who beat a puppy to death with a baseball bat didn't commit animal torture, an appeals court ruled Wednesday, in a decision denounced by an animal rights group.

Prosecutors failed to show that Zachary Meerdink, 31, acted with "depraved intent" when he killed the 7-month-old Boston terrier outside his girlfriend's apartment complex in Davenport in 2011, the Iowa Court of Appeals ruled in a 2-1 decision.

The court vacated Meerdink's conviction for animal torture, an aggravated misdemeanor, and the two-year prison sentence he received. Meerdink was paroled in April, but the court ordered that he be acquitted of the charge.

Chief Judge Larry Eisenhauer said prosecutors must prove the defendant acted with "depraved" or "sadistic" intent to support an animal torture conviction. He said that standard wasn't met because no one witnessed the killing, it's unclear how many times the dog was struck and Meerdink didn't appear to be happy or eager before and after the killing. What's more, Meerdink killed the dog after it demonstrated aggressive behavior that was getting worse, including biting a 9-year-old child.
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The founder of a Des Moines-based nonprofit that's pushing for tougher sentences in animal cruelty cases called the decision shocking.

"The decision by the court is inconceivable and breaks the logic barrier," said Lin Sorenson of St. Francis Foundation for Pets. "Beating an innocent dog to death with a baseball bat meets the level of sadistic intent necessary in the Iowa Code to constitute animal torture."
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much more at the link
 
Having had four Boston terriers who passed through their seventh month with me, I will say that none would bite a child unless unduly provoked; and, further, a spanking would correct the behavior. What the man did was unconscionable.
 
I have been around many Boston terriers never owned one, never had I seen one bite.

This person who did these is pure evil. Uncalled for. I agree, if the dog did bite the child there is plenty of other discipline that could have been done.

Wonder what kind of person could beat a 7 month puppy to death! I would be in fear of my children around this type do person.
 
First one scolds and shames them. This is easily done as they are so eager to please and they get their feelings hurt easily. If that doesn't work, a spanking - nothing in earnest, but accompany it with gruff language. I've never had a Boston where this didn't work, for a variety of unsatisfactory behaviors. Even an open-hand spanking with force is so very better than what this guy did. A baseball bat. May he rot in hell.
 

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