MURDERED GERMAN SHEPHERD SERVICE DOG!! PLEASE HELP!!
- by: April Thompson, Lil' Tykes Rescue & Adoption (A no kill pet rescue facility)
- recipient: Kirke Adams, District Attorney 33rd Judical Circuit, District Attorney, 33rd Judicial Circuit
RE: ALABAMA ANIMAL CRUELTY LAW
The Alabama Cruelty to Animals act, which was sponsored by Senator E.B. McClain and Representative Blaine Galliher, and signed into Law in 2001 by then Gov. Don Siegelman, is an outstanding, much need Law in Alabama. However, as I am sure you know, when the first case which qualified under this new Law was presented a Grand Jury failed to indite, and Attorney General Pryor refused to present this prime case a second time to a Grand Jury.
We are now personally facing our own case, which qualifies under Alabama Law, both the 2001 Cruelty, updated law, and the Al Law involving those who are at least 16 years old and use a gun in the commission of a felony.
The story in brief: We live in Southeast Alabama. My Mother, who was 96, was in a nursing home near us. She died on Sunday, March 20th, 2005. It was her desire to be buried next to my Dad, in Houston, Texas.
BACKGROUND: We have 5 indoor dogs, a doggie door, and a DOUBLE 5 foot fenced yard. When we have to be out of town, we normally leave our fur babies at home because we feel they are more comfortable in their own environment, not exposed to possible germs at kennels, and twice a day my Father-in-law comes by and checks on them.
HOUSE BACKGROUND: We live in what was once a highly popular country Inn restaurant, in a rural area of Southeast Alabama. Our house faces a County Road, the road that runs beside our house, turns into a dirt road with a trailer house at the end. There are no other people living close.
In front of our house is a fishing pond which has been closed, and the property is clearly posted regarding the fishing pond.
All of this is to say, that no one except ourselves and the people who live at the end of the dirt road have any legal right or reason to be on any of this property.
Naturally, we had to go to Houston, Texas to lay my Mother to rest. While we were awaiting our flight back to Alabama we received a cell call telling us that my secretary had gone to our house (which she does every day to leave any notes/info, etc. This one time, instead of backing out of the driveway, she went to the end of the building to turn around and saw General Fuzzy, laying dead. She called my in-laws, and they called us. Immediately, my husband called a friend who went to our house, climbed over the fence, and at our request took General Fuzzy to our local vet for examination and autopsy. Needless, to say, I totally lost it in the Houston Airport.
Our friend then return to our house and stood guard, to protect the house, and our other fur babies till we could get back to Alabama sometime after midnight, March 25th. We were fearful that the killers, might return.
When we got home we immediately notified the police, and posted a $1,000.00 Reward to information leading to the arrest & conviction of said killer/killers. Within a day 2 local attorneys we know, added another $1,000.00 to the reward, and that brought the case to the attention of the newspaper and TV.
General Fuzzy, was a registered, coated German Shepherd, the son of a fine Standard German Shepherd, who was once ranked 10th top Shepherd in the U.S. General Fuzzy was only 4 ½ years old. He was killed within our own, DOUBLE FENCED YARD, by 2 point blank shots of Buck Shot, from a shotgun for absolutely no reason. He was shot through a chain link fence!
General Fuzzy, was a gentle, sweet, loving baby. He worked as a SERVICE/THERAPY Dog, who visited the sick, old, and lonely folks in the local nursing homes. "General Fuzzy" was our baby, not some "back yard" dog. He was with us 24/7 (we are self employed), and when he wanted, he slept in the bed with us. This "killer/killers" intentionally took the life of our "fur baby," and a beloved visitor to many of the forgotten elderly.
The killers were found and questioned within 3 or 4 days. ONLY one was actually arrested for the killing of General Fuzzy, and our D.A., who is a nice person, but new at the job, is trying to put the charge under the juvenile division, with a "slap on the wrist."
Our new D.A. (Kirke Adams) is totally overlooking the fact, that:
1.) All four people were on posted property.
2. There has been no attempt to discover who the shotgun belonged to
3.There has been no attempt to learn why these people 3 juveniles and one 18 year old adult were on private, posted property to begin with
4.There has been no attempt to clarify whose vehicle these dastardly people came in
5.Under the;Cruelty to Animals Act; signed into law in 2001, the act of killing General Fuzzy for fun, moves the offense from a misdemeanor to a class C Felony.
Under Alabama Law: Section 12-15-34. Any minor who was 16 at the time of alleged act will be automatically charged, arrested and tried as an adult if the conduct committed constitutes:
1. A capital offense;
2. A Class A felony;
3. A felony involving a deadly weapon;
4. A felony that results in death or serious injury;
5. A felony that involves a dangerous weapon against (law enforcement official, correctional officer, parole/probation officer, juvenile court probational officer, district attorney/prosecuting officer, judicial official, court officer, juror/witness involved in proceedings, or an employee of Alabama educational system.
6. Drug trafficking pursuant to Section 13A-12-231
7. Any lesser-included offense of the above offenses charged or any lesser felony offense charged arising from the same set of circumstances.
AL ST. § 12-15-34.1
Article 11 Cruelty to Dog or Cat.
Section 13A-11-240 Definitions.
(a) The word "torture" as used in this article shall mean the act of doing physical injury to a dog or cat by the infliction of inhumane treatment or gross physical abuse meant to cause said animal 1.) intensive or 2.) prolonged pain or 3.) serious physical injury, or thereby 4.) c.ausing death due to said act
(b) The word "cruel" as used in this article shall mean: Every act, omission, or neglect, including abandonment, where unnecessary or unjustifiable pain or suffering, including abandonment, is caused or where unnecessary pain or suffering is allowed to continue.
(c) The words "dog or cat" as used in this article shall mean any domesticated member of the dog or cat family. (Act 2000-615, § 1.)
Section 13A-11-241
Cruelty in first and second degrees.
(a) A person commits the crime of cruelty to a dog or cat in the first degree if he or she intentionally tortures ( Serious physical injury or Death) any dog or cat or skins a domestic dog or cat or offers for sale or exchange or offers to buy or exchange the fur, hide, or pelt of a domestic dog or cat. Cruelty to a dog or cat in the first degree is a Class C felony. A conviction for a felony pursuant to this section shall not be considered a felony for purposes of the Habitual Felony Offender Act, Section 13A-5-9 to 13A-5-10.1, inclusive.
(b) A person commits the crime of cruelty to a dog or cat in the second degree if he or she, in a cruel manner, overloads, overdrives, deprives of necessary sustenance or shelter, unnecessarily or cruelly beats, injuries, mutilates, or causes the same to be done. Cruelty to a dog or cat in the second degree is a Class A misdemeanor.
(Act 2000-615, p. 1252, §2.)
and 4.) also causing death due to said act.
These people under the Definition above of "Torture" caused General Fuzzy 3.) serious physical injury
There is no question that they have committed a class C felony under the Alabama law.
As a Class C Felony and because a DEADLY WEAPON WAS USED (A Shotgun) this case by LAW, is to be removed from the "
Juvenile Court" system and they should be tried as Adults.
Construction.
This article shall not be construed to repeal other criminal laws. Whenever conduct prescribed by any provision of this article is also prescribed by any other provision of the law, the provision which carries the more serious penalty shall be applied.
(Act 2000-615,P.1252 Sec. 8.)
The following is the law that applies to all 4 individuals who premeditatedly participated in the killing of General Fuzzy. All 4 individuals acted (1.) Intentionaly, (2.) Knowingly, (3.) Recklessly and (4.) Even if they tried to claim that they didn't think the shooter would actually kill our "fur baby" they still acted with Negligance.
However stating that "they did not think the shooter would really kill General Fuzzy" is not a legal defence for their actions. Any reasonable person would observe in the situation where a DEADLY WEAPON is being pointed at someone or something that there is a possability that that firearm could go off and kill or destroy someone or something. You do not point a shotgun or any firearm at anyone or anything you do not intend to shoot.
Section 13A-2-2
The following definitions apply to this Criminal Code:
(1) INTENTIONALLY. A person acts intentionally with respect to a result or to conduct described by a statute defining an offense, when his purpose is to cause that result or to engage in that conduct.
(2) KNOWINGLY. A person acts knowingly with respect to conduct or to a circumstance described by a statute defining an offense when he is aware that his conduct is of that nature or that the circumstance exists.
(3) RECKLESSLY. A person acts recklessly with respect to a result or to a circumstance described by a statute defining an offense when he is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that disregard thereof constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation. A person who creates a risk but is unaware thereof solely by reason of voluntary intoxication, as defined in subdivision (e)(2) of Section 13A-3-2, acts recklessly with respect thereto.
(4) CRIMINAL NEGLIGENCE. A person acts with criminal negligence with respect to a result or to a circumstance which is defined by statute as an offense when he fails to perceive a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation. A court or jury may consider statutes or ordinances regulating the defendant's conduct as bearing upon the question of criminal negligence.
We have been informed by a reliable source that the murder of General Fuzzy was a premeditated act, that all 4 individuals actively took part in. It was discussed, planed, the shotgun was procured, and they all 4 participated in the murder of General Fuzzy. All 4 individuals had an active part in the act, physically, mentally and verbally. Under the law they are all 4 equaly guilty of the crime!
ACT LIKE AN ADULT, DRIVE A CAR, BE OUT AT NIGHT UNSUPERVISED, CARRY A GUN, SHOOT THE GUN AND KILL SOMETHING, THEN BE TRIED AS AN ADULT.
We are afraid that this is going to be swept under the rug, as most such cases are, with a slap on the wrist of the killer, and the message sent to others like him, that it is okay to kill, hurt, or torture anyones fur baby companion, that because they are juveniles they will get a little slap on the wrist, their record will be sealed, and off they go to do it again!
Because our particular case has already gotten a goodly bit of publicity, via my going to every Internet Forum I could find, and telling the story about General Fuzzy, someone called the local newspaper, and then the TV picked up on it so it has a bit of momentum, but we need much more to get this case prosecuted under the new AL law making such act a felony, where it belongs, instead of under the Juvenile Act.
Any insight, publicity, or help you can give us would be greatly appreciated.
This is a link to the first newspaper story, the Alabama Law covering this murder, contact information, and pictures of "General Fuzzy."
We plead with you to sign this petition now before all the charges are in place. This petition will be presented to Mr. Adams, so that he will be aware of
how important our "fur babies" are to us, and how important it is to ENFORCE the Law already in existence in Alabama, written to address situations exactly like the Murder of "General Fuzzy."
TIME IS OF THE ESSENSE ON THIS PETITION - We plead with you to sign this petition now, before all the charges are in place in this case. This petition will be presented to Mr. Adams, so that he will be aware of how important our "fur babies" are to us, and how important it is to ENFORCE the Law already in existence in Alabama, which was written to address situations exactly like the Murder of "General Fuzzy."
THIS PETITION IS BEING POSTED BY "AARE"
THE ALABAMA ANIMAL RIGHTS ENFORCEMENT ASSOCIATION
IF you live in Alabama and need help with the law relating to animal cruility, you can address your e-mails by clicking on this link: AARE
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