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  1. #1
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    Complaint Over Swimming Dog Ends In Neighbors Death

    I don't like animals in the water either, but thats just me!

    property's pool left one man dead and another awaiting his fate today on murder charges.
    After one too many complaints about his yellow Labrador, Grace, software consultant Craig S. Tomko, 38, snapped, head-butting and holding the neighbor, Meredith "Mac" McNair, 54, under water until he suffered a heart attack on July 4, 2006, Fulton County prosecutor Pete Johnson told jurors Thursday during closing arguments.
    Jurors began deliberating that afternoon and could reach a verdict Friday.
    Tomko, an Ohio native, testified this week, telling jurors he acted in self-defense against his burly dog-hating neighbor. He said he spent the Independence Day holiday playing golf, attending a barbecue and having a couple of beers with friends at McCrae's tavern in Midtown.
    Tomko returned to his Piedmont Road place at the Dakota Condominiums and decided to let his dog have a swim in the fifth-floor pool. Tomko was tossing his pooch a tennis ball when he said McNair, a local handyman, stormed out to the pool around midnight and began yelling about the no-pet pool rule. more: http://www.ajc.com/metro/content/met...ge_tab_newstab


  2. #2
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    Prosecutors told jurors that the defendant attacked the victim because he had grown weary of the neighbor's complaints, which sometimes resulted in condo association fines. McNair had previously complained when Grace walked around unleashed, barked in the courtyard and urinated in the elevator.

    So now you're a bad neighbor if you don't want a dog running loose, peeing in the elevator, and swimming in the pool? Sounds like a really nice condo, huh???

    Just to be clear, the complaining neighbor is not the murderer here. It is the guy with the dog who killed the one who was complaining. <modsnip>.
    Last edited by Salem; 10-03-2012 at 05:17 PM. Reason: No name calling, please.


  3. #3
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    found guilty

    He was found guilty, which I think was the right decision. I love dogs but I don't blame the man for being upset at a dog swimming in the pool or peeing in the elevator. He had no right to cause the man's death.

    http://www.ajc.com/metro/content/met...cxntlid=inform


  4. #4
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    If this guy wanted to let his dog swim in a pool, then he should have bought his own house w/ a pool. He was living in a condo where dogs were prohibited from the pool, so he was in the wrong and had no right to murder the handyman. I agree, <modsnip>!
    Last edited by Salem; 10-03-2012 at 05:17 PM.


  5. #5
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    Quote Originally Posted by kahskye View Post
    If this guy wanted to let his dog swim in a pool, then he should have bought his own house w/ a pool. He was living in a condo where dogs were prohibited from the pool, so he was in the wrong and had no right to murder the handyman. I agree, what a loser!
    I agree. Some dogs love to swim, but they should have their OWN place to do it, not a communal pool.
    BTW, I won't go in community type pools due to the baby diaper poop, the lack of stringent testing by the pool guy, and usually, under or over chlorination, both of which can cause their own set of problems.

    The complaining guy should have let the police deal with the nut with the dog though. There's no sense in confronting <modsnip>.
    Last edited by Salem; 10-03-2012 at 05:17 PM.
    JUSTICE FOR CLO STONER IN 2015!!! http://www.websleuths.com/forums/sho...-March-17-2014
    This is about the murder of my friend, Clo Stoner, R.N. She was shot point blank in the head numerous times- defenseless, in the middle of the day, by her " boyfriend" in 2014- a victim of domestic violence. He also shot a second victim, Joanne Butler, of Tennessee, in the same way, and also her tiny dog in a carrier.
    His trial for murder is on the AL docket for December 2015.



  6. #6
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    Quote Originally Posted by angelmom View Post
    Prosecutors told jurors that the defendant attacked the victim because he had grown weary of the neighbor's complaints, which sometimes resulted in condo association fines. McNair had previously complained when Grace walked around unleashed, barked in the courtyard and urinated in the elevator.

    So now you're a bad neighbor if you don't want a dog running loose, peeing in the elevator, and swimming in the pool? Sounds like a really nice condo, huh???

    Just to be clear, the complaining neighbor is not the murderer here. It is the guy with the dog who killed the one who was complaining. <modsnip>.
    No, you’re a bad neighbor if you terrorize the condo (a trained psychologist was afraid of the “handyman”, and he had a history of violence toward animals), assault neighbors’ dogs, and threaten your neighbors. When Tomko attempted to rescue his dog (his right), he was met with potential deadly force to which he responded appropriately. Note the bias or the Urinal/Constipation newspaper stating that Tomko held McNiar under the water until he had a heart attack. Did Tomko have an EKG hooked up to the guy?? How did he know what was happening as he tried to defend himself? It’s McNair’s fault he’s <modsnip> and if his heart’s bad maybe he shouldn’t try to physically intimidate those around him, since sooner or later someone’s gonna stand up to him and leave him on a slab, <modsnip>. The police are there to solve these problems, but bullies like McNair don't call them. If someone tries to drown your dog are you going to stand by, regardless of whether you are in the wrong? Are you going to let the bully kill you when you try to intervene because your dog wrongly swam in the pool?

    This verdict is so wrong on so many levels…..

    Crypto6
    Last edited by Salem; 10-03-2012 at 05:20 PM.


  7. #7
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    Quote Originally Posted by crypto6 View Post
    No, you’re a bad neighbor if you terrorize the condo (a trained psychologist was afraid of the “handyman”, and he had a history of violence toward animals), assault neighbors’ dogs, and threaten your neighbors. When Tomko attempted to rescue his dog (his right), he was met with potential deadly force to which he responded appropriately. Note the bias or the Urinal/Constipation newspaper stating that Tomko held McNiar under the water until he had a heart attack. Did Tomko have an EKG hooked up to the guy?? How did he know what was happening as he tried to defend himself? It’s McNair’s fault he’s <modsnip> and if his heart’s bad maybe he shouldn’t try to physically intimidate those around him, since sooner or later someone’s gonna stand up to him and leave him on a slab, <modsnip>. The police are there to solve these problems, but bullies like McNair don't call them. If someone tries to drown your dog are you going to stand by, regardless of whether you are in the wrong? Are you going to let the bully kill you when you try to intervene because your dog wrongly swam in the pool?

    This verdict is so wrong on so many levels…..

    Crypto6
    I've gone round and round with this story, crypto. The murder verdict seems unjust. The involuntary manslaughter verdict, I can see. I think the veridct as it stands will get appealed and reduced - or the whole thing will be retried. Tomko may well plead in the middle of all that.

    Tomko was not a good neighbor by letting his dog repeatedly swim in the pool. McNair was an angry person who didn't care much for animals and tried to bully people. The way I see it, both parties share real culpability in this situation that escalated into the death of one of them.

    I don't for a second think Tomko meant to kill McNair - I think the fury of both men ended tragically. Tomko does need to pay a price for his bad choices. McNair has already paid his.
    Last edited by Salem; 10-03-2012 at 05:20 PM.


  8. #8
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    Quote Originally Posted by southcitymom View Post
    I've gone round and round with this story, crypto. The murder verdict seems unjust. The involuntary manslaughter verdict, I can see. I think the veridct as it stands will get appealed and reduced - or the whole thing will be retried. Tomko may well plead in the middle of all that.

    Tomko was not a good neighbor by letting his dog repeatedly swim in the pool. McNair was an angry person who didn't care much for animals and tried to bully people. The way I see it, both parties share real culpability in this situation that escalated into the death of one of them.

    I don't for a second think Tomko meant to kill McNair - I think the fury of both men ended tragically. Tomko does need to pay a price for his bad choices. McNair has already paid his.
    Good to hear from you, SCM.

    I too wrestle with these "self defense" cases, esp when one participant far outweighs or outmuscles the other. Probably shouldn't second guess the jury, but I don't see any way other than physical confrontation if someone is drowning your dog. Given McNair's known temper and size advantage, any force he used around water (considering he's in the middle of a drowning already) would have to be interpreted as deadly. Unfortunately, in GA there is a duty to retreat before using retaliatory deadly force (Thank God for the Davy Crockett types; TN, TX and FL which have no such provisions requiring running away), which may figure in this case somehow. I'd still have to give Tomko the benefit of the doubt, a benefit which he may have squandered during the trial.

    We talk about appeals, overturns etc, but this guy's life is in ruins in the forseeable future because he tried to save his dog from a physical bully; that's just not right.

    Crypto6


  9. #9
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    Quote Originally Posted by crypto6 View Post
    Good to hear from you, SCM.

    I too wrestle with these "self defense" cases, esp when one participant far outweighs or outmuscles the other. Probably shouldn't second guess the jury, but I don't see any way other than physical confrontation if someone is drowning your dog. Given McNair's known temper and size advantage, any force he used around water (considering he's in the middle of a drowning already) would have to be interpreted as deadly. Unfortunately, in GA there is a duty to retreat before using retaliatory deadly force (Thank God for the Davy Crockett types; TN, TX and FL which have no such provisions requiring running away), which may figure in this case somehow. I'd still have to give Tomko the benefit of the doubt, a benefit which he may have squandered during the trial.

    We talk about appeals, overturns etc, but this guy's life is in ruins in the forseeable future because he tried to save his dog from a physical bully; that's just not right.

    Crypto6
    Always good to see you, Crypto!

    I have followed this trial as it progressed and, based on what I have been reading, I was surprised at the verdict. I too hate to second guess a jury - they are privy to lots of things we aren't - but I'm with you - what do you do if someone is trying to kill your dog? I believe that most reasonable people would do what they could to save their animal.

    I'm just not sure justice has been well-served here. I will be interested to see what the next legal step is, but - as ou point out - Tomko's life in the meantime is in shambles.


  10. #10
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    Quote Originally Posted by crypto6 View Post
    Good to hear from you, SCM.

    I too wrestle with these "self defense" cases, esp when one participant far outweighs or outmuscles the other. Probably shouldn't second guess the jury, but I don't see any way other than physical confrontation if someone is drowning your dog. Given McNair's known temper and size advantage, any force he used around water (considering he's in the middle of a drowning already) would have to be interpreted as deadly. Unfortunately, in GA there is a duty to retreat before using retaliatory deadly force (Thank God for the Davy Crockett types; TN, TX and FL which have no such provisions requiring running away), which may figure in this case somehow. I'd still have to give Tomko the benefit of the doubt, a benefit which he may have squandered during the trial.

    We talk about appeals, overturns etc, but this guy's life is in ruins in the forseeable future because he tried to save his dog from a physical bully; that's just not right.

    Crypto6
    just remember that the only evidence we have that the man attacked the dog is the killers word. the same killer that fled the scene as the body floated in the pool.


  11. #11
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    Quote Originally Posted by sherri79 View Post
    just remember that the only evidence we have that the man attacked the dog is the killers word. the same killer that fled the scene as the body floated in the pool.
    True - but two other people described incidents wherein this handyman was physically aggressive with/attacked their animals - therefore, it's not such a leap to believe he attacked Tomko's.


  12. #12
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    Tomko spent the 4th of july golfing and drinking, and when he returned home, instead of taking his dog out for a walk, he took the dog, (who was known to piss in the elevators), up to the 5th floor indoor pool to swim. Besides breaking all the condo rules, it is repulsive to let a big dog swim in an indoor pool. Tomko strikes me as a guy who thinks the rules don't apply to him.

    When a neighbor complained about the dog in the pool, Tomko drowned the man and then ran away, leaving his neighbor floating dead in the pool.

    Tomko only got five years for murdering the neighbor. Which will surely be appealed, reduced, etc. Perhaps the rules really don't apply to guys like Tomko. But they should. I haven't seen anybody rush in calling Tomko a **** and hollering for the death penalty, as is done so frequently in so many other cases, <modsnip>?

    Hmmm...
    Last edited by Salem; 10-03-2012 at 05:25 PM.


  13. #13
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    If you read the follow-up article, it's actually the DA that is going to appeal the ruling. Apparently,
    <snip>
    Superior Court Judge Jerry Baxter wiped out the aggravated assault charge and sentenced Tomko to five years in prison.

    made some legal missteps in his actions and plans to file a motion to vacate the sentence and verdict.

    Howard contends that the judge mistakenly believed that the murder verdict was no longer in place because he removed the lesser felony that was underneath it.

    The county's top prosecutor also argued that the judge should not have allowed a jury to find Tomko guilty of both murder and involuntary manslaughter in the July 2006 death of his neighbor, Meredith "Mac" McNair, 54.

    It should have been one or the other, Howard said.

    http://www.ajc.com/metro/content/met...cxntlid=inform

    “Once you eliminate the impossible, whatever remains, no matter how improbable, must be the truth.” Sir Arthur Conan Doyle, Sr.


  14. #14
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    Hi Kkids, i take it you know him very personally as you can give us such details about the divorce and his personal behavior. How do you know him, did you work for him, date him?

    I would do all i could to save my dog, also, if she was in immediate danger.


  15. #15
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    I stand by my position. This guy had been out drinking and obviously had a problem with his own anger and following the rules of society.

    I, too, would do a lot (not anything...I wouldn't go up against someone with a gun, for example.) to save my dog's life, but once the dog was safe I certainly wouldn't feel the need to kill the other person. That's just crazy!

    People defending this man make it sound like he had no choice if he wanted to save the dog than to kill this man. That's total BS. Once the dog was out of harm's way, then leave. Or call 911. Or throw the guy in the pool and tell him to leave you the hell alone. Whatever. But to hold someone under water until they die when both you and your dog are perfectly safe to walk away??? I don't think so.

    I know I don't have it in me, and the people defending this murderer scare the hell out me. <modsnip>.
    Last edited by Salem; 10-03-2012 at 05:27 PM.
    Please help find Gerry Largay, 66, missing on the Appalachian Trail in Maine.
    http://www.wlbz2.com/news/article/25...ssing-in-Maine


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