wfgodot
Former Member
- Joined
- Mar 4, 2009
- Messages
- 30,166
- Reaction score
- 718
Court: Killing of puppy with bat wasn't torture. (AP/Daily Oklahoman)
much more at the linkIOWA 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.
---
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."
---