Posted on 05/18/2005 8:14:29 PM PDT by sinkspur
Denton: Jury says man's record, behavior led to maximum sentence
DENTON The man who taped a 1-year-old black Labrador retriever's mouth shut in July, causing the dog's death from heatstroke, will serve two years in state jail, a Denton County jury decided Wednesday.
"What he did was an unbelievably cruel act, and he deserved to be punished," lead prosecutor Tony Paul said after the trial.
Richard Swift, 43, of The Colony was convicted Wednesday morning of animal cruelty. Jurors decided on the maximum jail sentence allowed and fined him $5,000, half the maximum.
Some jurors said the crime combined with Mr. Swift's six previous criminal convictions including manufacture/delivery of a controlled substance and assault causing bodily injury played a role in their decision.
"In the past, he's been given numerous chances to rehabilitate himself," juror Jon Burkhart said.
Mr. Swift was not eligible for probation because he once had probation revoked after he tested positive for marijuana and cocaine, prosecutors told jurors.
Derek Adame, Mr. Swift's attorney, said he was let down by the verdict and sentencing.
"You're always disappointed when things don't go your way," Mr. Adame said. "But I understand what they did and why they did it."
During his closing arguments, Mr. Adame conceded that Mr. Swift caused the death of the dog, Bull, but said that it was not intentional.
(Excerpt) Read more at dallasnews.com ...
I know you guys/gals will hate this but...
I am too lazy to do the research on this but as it stands this is way too much. A dog(as much as I love them) is an animal.
To incarcerate someone for 2 years because a dog died due to him is ridiculous**.
I think there are better more immediate ways to deal with this guy. Give him the choice, 2 years in a REAL jail or soemthing else that would really suck. I think a beating of some sort would suffice.
I just base this on effing child molesters(male and female), murders, child killers and other human related criminals get way less than 2 years(OJ).
How about this guy has to do 3 years every saturday 8 hours at a shelter for animals(under supervision). Something more productive and less costly to the tax payers.
**And what will this guy learn in 2 years in prison. I am guesing he will get out and buy some dogs and kill them. Pick up some kittens and play roadsign bash with them. He will be pissed at animals for them(his actions) resulting in jail time.
I mean I loved all my dogs(and cats) but we need to level the punishment with human punishments.
I'd have to concur. As much as I love animals I can't equate animal and human life. This guy may be a loser, but does it serve society to lock him up for two years (at an expense of about $25,000 per year)? A few months, max, would have gotten the message across just as effectively.
you rapper you!!!
over his mouth as punishment?
>>>It's also quite possible that a person (dirt bag in this case) would not realize that taping a dog's mouth shut would kill it. Dogs are muzzled all the time without ill effect to the dog.
If that is the case, he should be sterilized as well and kept from poluting the gene pool.
>>>On the news tonight a woman who killed her newborn and dumped it in a dumpster was sentenced to 2 years today. That was in Idaho, one of the more conservative states...
Then support her getting more time, not this idiot getting less.
Red state or Blue state, the judges aren't voted in by the citizens. They were placed by the admin we are still cleaning up after.
A few months wouldn't phase this guy. This guy has a long history of dealing with law enforcement. By this point, he can do two months standing on his head.
Excessively lenient.
Dogs need to pant. It is their way of perspiring. Muzzles allow this.
Baby killers should get life without parole. The system is all wrong.
>>>>I mean I loved all my dogs(and cats) but we need to level the punishment with human punishments.
How about increasing the human punishments that are not fitting the crime?
I don't see where it's excessive at all. With as many priors as this guy as, he deserves a couple years for almost anything. I might forgive a first time offender, but this is just another violent offense against another living thing for this guy. At some point you have to recognize the pattern and sentence appropriately.
Ah, that is better.
I agree. Silly me for not saying that first.
I knew a guy who went to prison for stabbing a hog. He had a prior record. When he got out, he assaulted a guy....so back he went.
You are not silly :)
Two years? Hell, I've been here since '98!
How is stabbing a hog a prisonable offence. I guess you have to have the intention of eating the hog when you are done stabbing and cooking it.
I mean what is the difference in stabbing a hog and slitting it's throat to kill it to eat it? Do they say ok it is mindset or what? I don't understand the difference. I understand the difference in mindset but. Did the family of the stabbed pig(if it died) bury it with a funeral or did they eat it?
I guess stabbing a deer would be considered excessively cruel as opposed to a good clean shot or you know some not so clean shots where they get to run around for a while.
I just think people whoudl recognise the difference between man and animal. I also think the punishments should reflect the crime. I.e. kill or hurt a person badly spend the rest of your life in jail or you die. An animal(because they are a source of food) killing should get nothing close to killing of a human. Now if the killing is of someone elses animal then that is different. But still not at the level of jail time(unless they can't pay the value of the animal)
I loved my dogs like crazy but I think if you can't realise your dog/cat is just that and you find your life could not go on without your dog/cat(working dogs are the exception) you need some help. Really, If you can't live without your animal you need help.
Dead on!!!!!!!!!!!!
If I remember correctly, he did it as an act of revenge against the owner of the hog....plus cruelty to animal.
The sentence was not excessive given this guy's history of violence.
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