Two years given in dog's death

Dallas Morning News ^ | 5/18/2005 | Brandon Formby

[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.

[AggieCPA]

"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)"

First of all, this guy got 2 years, so it isn't close to killing a human.

Second, if you think a companion animal is only "worth" his monetary value I feel sorry for you - you've obviously never had a pet who was a true member of the family.

[AnOldCowhand]

Here's the part where you get to say the guy was cheated because it "was just a dog!" LOL.

DO NOT PUT WORDS IN MY MOUTH.! I have never ONCE said that someone should not be punished (and severely) for abusing an animal. The fact that you have misconstrued my contention that animal abuse does not necessarily lead to human abuse/murder into me being tolerant of animal abuse, just goes to prove my contention that you really are not a Former Lib at all!

[ArrogantBustard]

Here's an appropriate sentence for this sort of crime:

[Goodgirlinred]

Thank you. :)

[Goodgirlinred]

Pets become part of the family. Also, no animal deserves to be tortured. People who maim, torture, or kill animals for fun deserve to be punished to the full extent of the law. It has been shown that these people don't stop with animals. They go on to humans next.

Oh, and if anyone harms one of my pets, he better expect to be punished, and punished good!

[Hemingway's Ghost]

consider this: torturing animals is the hallmark of a psychopathic personality which is very dangerous to other people.

Beat me to it.

[dogbrain]

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.

Excellent idea.

[jimt]

This person didn't just kill an animal; he tortured it to death. If you don't care about the dog's agony, consider this: torturing animals is the hallmark of a psychopathic personality which is very dangerous to other people. Read the pertinent psychological literature. Someone who can take pleasure in an animal's suffering will kill you without a second thought.

As for his "torturing it to death", you're making a huge leap from the facts to your supposition of his motivation. What if he was just tired of the dog's continuous barking and was too stupid to know dogs need to pant to get rid of heat ?

As for the psychobabble about "pertinent psychological literature", I presume that comes from the same folks who declare homosexuality normal, and adult-child sex as beneficial to the child ?

Give me a break.

[newsworthy]

you're making a huge leap from the facts...What if he was...too stupid to know dogs need to pant to get rid of heat ?

Give me a break. There's no mention in the article of clinical retardation. Whether or not he intended to kill the animal is in any event irrelevant. He intended to inflict suffering.

As for the psychobabble about "pertinent psychological literature", I presume that comes from the same folks who declare homosexuality normal, and adult-child sex as beneficial to the child ?

I use critical thinking in evaluating the pronouncements of the psych community. Recent studies have confirmed what was always intuitively obvious to those with half of grain of conscience and common sense.

[najida]

I can think of lots of things I would like to see done to this guy.

And think about it, would anyone here feel safe leaving anything or anyone helpless around him-- animal or human?
He's got a very dark, twisted soul.

[najida]

Well,
I've wacked and rapped a few kids too! (but the little biters deserved it).

[John D]

Why???

[Dr. Zzyzx]

I think we've got some species-ism going on here. Suppose his brother's hamster was squeaking the wheel too much during this guy's nap, so he sets it outside on the front porch, not knowing that hamsters have to stay cool to stay alive. Later the sun comes onto the porch and cooks the hamster-- will he get prison time for that, or are hamsters not as politically connected as dogs?

[sinkspur]

This cretin belongs in prison. The killing of the dog was a good excuse to put a six-time offender back in the slammer.

[Dr. Zzyzx]

This cretin belongs in prison. The killing of the dog was a good excuse to put a six-time offender back in the slammer.

Laws that can be used to put cretins in prison can, in the wrong hands, be used to put non-cretins in prison. Everyone’s for the enforcement of the law as long as it suits their purpose, but when the police are coming after them, then they think it’s unfair. The guy’s six priors had nothing to do with animal abuse—they shouldn’t have figured into this case. He’s an obvious jerk, that’s for sure, but if that’s the standard for imprisonment, 85% of our population should be lock up right now, including myself.

[sinkspur]

Animal cruelty is a felony in Texas. This was definitely a case of animal cruelty, and the jury took this as recidivist behavior by a repeat offender.

Thus, he got the max.

He gets to serve it in a county jail, which means he will likely be spared becoming someone's girlfriend.

[Melas]

He’s an obvious jerk, that’s for sure, but if that’s the standard for imprisonment, 85% of our population should be lock up right now, including myself.

Who cares if he's a jerk? He's a felon, plain and simple. I don't care if you happen to like it or not, but what he did to that dog is felony in Texas. People who don't like it are free to take one of the many highways out of Texas.

[honeysmama]

Am I understanding that you are comparing rapping to, or "at" children to smothering a dog to death? What does that mean, anyway?

[honeysmama]

That is the fault of the voters for putting people in Judges chairs who won't punish crimes that need to be punished.

Anyone who is above the age of 12 who doesn't know that if a dog can't pant it will die, should be locked up anyway. I've known that since I got my first puppy when I was 4 years old.

And the difference between a muzzle and duct tape, .......do I even need to explain that?

[honeysmama]

Sure, and everyday when he leaves the animal shelter he can go shoot up some speed and torture some other animals. He's had too many chances and I've known too many speed freaks. He's not worth killin'.