Attorneys/Judges
| Prosecutor(s): | Andy Prosser | | Defense(s): | Curtis Dial | | Judge(s): | Emily Dean |
CONVICTED: Was justice served?
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Case #12028 Rating: 1.5 out of 5
Dog hacked to death with sword
Fort Madison, IA (US)Incident Date: Tuesday, Jul 10, 2007
County: Lee
Charges: Misdemeanor
Disposition: Convicted
Defendant/Suspect: Terry Lee Wilson
Case Updates: 11 update(s) available
Accused dog killer Terry Lee Wilson was released Thursday from Lee County jail after a judge allowed him to post 10 percent of his $15,000 cash-only bond.
Last week, Wilson, 28, 2514 Avenue O, filed a written plea of not guilty to one count of animal torture for the July 10 hacking death of his 9-month-old Australian shepherd. He is scheduled to stand trial Oct. 18.
Fort Madison police officer Jamie Carle alleges that Wilson used a Samurai sword to kill the dog.
Wilson reasoned that the dog was being aggressive toward him and was eating his children's food, Carle said.
It also was alleged that the dog, after being hacked a few times by Wilson inside his property, ran toward a nearby daycare center. The dog died soon after leaving a trail of blood that ended near the daycare center. The children inside the center did not see what happened.
The charge is an aggravated misdemeanor punishable of up to two years in jail and a maximum fine of $5,000.
Case UpdatesThe Iowa Court of Appeals on Thursday reversed an animal neglect conviction against a man who killed a puppy with a samurai sword.
But the court upheld an animal torture conviction, ruling that Terry Wilson acted "with a depraved or sadistic intent to cause the animal prolonged suffering or death."
Wilson, of Fort Madison, had been convicted of both animal torture and animal neglect in the 2007 killing of his 9-month-old puppy. He claimed the Australian shepherd became aggressive toward him and his children.
The appeals court rejected Wilson's challenges to the jury instructions, and said there was sufficient evidence to find him guilty of animal torture.
"The jury could reasonably find Wilson chopped and stabbed his dog to death with a samurai sword," the court said. "The puppy was yelping in pain for up to nine minutes and, afterward, Wilson exhibited a remorseless demeanor."
But the court agreed with Wilson's argument that there wasn't sufficient evidence to convict him of neglect, saying no separate act occurred to justify the charge.
"It is incongruous to convict the defendant for animal torture and animal neglect for the same act," the court wrote.
Wilson had been sentenced last year to two years probation, fined $2,000 and ordered to perform 80 hours of community service on the animal torture charge. On the neglect charge he was sentenced to one year probation and fined $800.
He appealed, claiming there were errors in the jury instructions and that evidence didn't support the verdicts.
The appeals court said Wilson failed to first raise his concerns about the jury instructions to the trial court and that definitions of terms given to the jury were concise and understandable.
Wilson's first trial had ended in a hung jury, and his second was moved from Lee County to Van Buren County because of pretrial publicity. | Source: Daily Globe - July 2, 2009
Update posted on Jul 2, 2009 - 2:19PM |
Months after being convicted of killing the family dog with a sword, Terry Lee Wilson was sentenced for injuring his son in a separate incident.
During a court hearing Friday, Wilson of Fort Madison told District Judge Mary Ann Brown he was guilty of a charge of child endangerment. The charge stems from an incident where he used a wood paddle that resulted in injuries to his then 20-month-old son.
"I always believe in pleading guilty when I do something wrong. So, on this charge I'm guilty," Wilson said.
Last month, Wilson reversed himself and pleaded guilty to the charge as part of an agreement with prosecutors. In exchange for pleading guilty, the forcible felony that could have netted him five years in prison, was reduced to an aggravated misdemeanor.
Brown sentenced Wilson to two years in prison, which she then suspended. Both the prosecution and the defense asked for probation.
Wilson was given two years probation and fined about $620.
The only drama at Friday's sentencing was whether the probation for this charge would run consecutively or concurrently with a similar sentenced meted out in the animal cruelty conviction.
Assistant Iowa Attorney General Andy Prosser said the probation should run consecutively because the convictions were unrelated.
Based on a recommendation from the Department of Human Services cited in a presentence investigation report, Prosser said Wilson should be placed at the Burlington Residential Correctional Facility to get a handle on anger management issues.
"Department of Human Services believes the best interest of this child is to have the defendant go into a halfway house," he said.
Defense attorney Curtis Dial of Keokuk said Wilson has responded well to probation. That being the case, he said Wilson's placement in a residential correctional facility was unnecessary.
"I don't see any plausible reason for Mr. Wilson to go to the halfway house. What we are requesting is that the court suspend the sentence and allow him to remain on probation," he said.
Brown sided with the state.
"These are two separate and distinct crimes," she said. " ... the halfway house is an appropriate method for you to get treatment. I believe it is in the best interest of society that you have the rehabilitation of the halfway house to help you to obtain a stable living situation, get a job ..."
Wilson could spend up to a year at the residential facility. Upon successful completion of the program, he will be reunited with his two children, who are in foster care.
It could take up to four months before space becomes available at the residential correctional facility. During the wait, Brown suggested Wilson pursue a seasonal job he has been offered.
On Feb. 5, Wilson was arrested in his home in connection with injuries that his son sustained on or about Jan. 28.
According to court documents, Wilson's 3-year-old daughter told Department of Human Services social workers that her father hit her brother with a wooden paddle because he refused to go bed. She said she was made to stand in the corner while the incident occurred.
Authorities alleged the incident happened at the same time Wilson was on trial for using a Samurai sword to kill his 9-month-old Australian shepherd. Afterward, he buried the animal in the backyard of his home, police say.
Wilson said the puppy had become aggressive, so he had to kill the dog, Aries, to protect his children. During a January trial, Wilson said he stabbed the canine once in the chest.
Prosecutors accused Wilson of hacking the dog to death with the sword.
Wilson was tried twice for the death of his dog -- the first ended in a mistrial, while a second jury came back with a guilty verdict.
Wilson received a two-year prison sentence, which was suspended. He was subsequently placed on probation. | Source: The Hawk Eye - Aug 16, 2008
Update posted on Aug 19, 2008 - 12:27AM |
While Terry Wilson, 29, of Fort Madison waits for word on the appeal of his animal torture and neglect verdict from the state, he decided to work out a deal with the state on a second case Friday.
He appeared in Lee County District Court and pleaded guilty to child endangerment. In exchange for the plea, the charge was lowered from a felony to aggravated misdemeanor.
Wilson's arrest for child endangerment stemmed from an incident that occurred around the time his first animal torture case was ruled a mistrial. He was accused of striking his 20-month old son, Ivan, with a paddle after the child refused to go to bed.
When Wilson took his son to daycare he said he had a little bruise on his behind. In a police report, the daycare worker reported it was more than a little bruise and was actually bruising all along his backside.
Wilson was arrested Feb. 5 for felony child endangerment, which could have jeopardized his pre-trial release on the animal torture and animal neglect charges, but the judge did not hold him in jail until the second animal trial, which took place in Keosaqua on a change of venue.
While an aggravated misdemeanor can bring a $5,000 fine and two years in prison, Wilson most likely will receive a suspended sentence and be placed on probation.
The court will decide if the probation will run concurrent or consecutively with the probation he was sentenced to in the animal cases. Wilson's attorney will likely ask that the probation run concurrently, or at the same time, for both cases.
Wilson now has supervised visits to his children, who are in foster homes. | Source: Daily Gate - July 29, 2008
Update posted on Jul 29, 2008 - 11:56PM |
Eleven months have passed since Terry Lee Wilson took it upon himself to kill his 9-month-old puppy and bury the remains in the back yard of his Fort Madison home.
On Tuesday, the saga of a case that brought much debate and discussion, including some raised eyebrows, came to a close when a judge handed Wilson his sentence, denying the man's bid for a new trial.
"This is a terrible crime," said Judge Emily Dean, shortly before giving Wilson a two-year suspended prison term for animal torture. "However, this is not a crime against a person."
Dean ordered Wilson, who will turn 29 years old tomorrow, to pay a $2,000 fine along with attorney's fees which may reach more than $8,000. He was placed on probation for two years.
As a special condition, Dean also ordered Wilson to undergo a psychological evaluation, mainly to work on anger management, and any treatment which may be needed at his expense. He also needs to complete two years of community service, placement and hours to be determined by the Department of Correction Services.
Wilson, while on probation, will need to obtain a GED as well.
For the animal neglect conviction, Dean suspended the one-year jail time handed to Wilson, placing the man on probation for one year, with a fine of $800.
Gordon Liles, who had left his post as assistant Lee County attorney on June 2, was appointed as special prosecutor for the sentencing since he had handled the case from the time of Wilson's arrest to the January mistrial and on to the Van Buren trial, where a jury found Wilson guilty, describing the crime as a "despicable deed."
"It's always somebody else's fault," Liles said about Wilson, adding that the man blamed other people, especially the police, for his actions.
Liles called Wilson on the stand and questioned him about the statement he gave reporters after the trial about the police not doing their job and still got a conviction.
"Six days, it took them (police) six (expletive) days," Wilson told reporters in April.
Wilson agreed with Liles the quotes the special prosecutor read in court were accurate and that he uttered them.
As with his stance during the two trials, Liles came out swinging -- in what will probably be his last hearing as a prosecutor -- and asked Dean to send Wilson to prison.
"I've seen people go to prison for far less serious crimes," Liles said, glancing at Wilson. "But few deserve prison more than Mr. Wilson."
State law dictates on animal torture cases, a defendant do community service at an animal shelter or something similar. Liles said Wilson may have difficulty fulfulling the mandate.
"PAW (shelter) or any facility might not want Mr. Wilson near any animals," Liles said.
Clinton Boddicker, Wilson's defense attorney who will soon be taking over Liles' old position as assistant Lee County attorney, asked Dean to step back and look at the matter from a different perspective.
"(Prison) is not an appropriate sentence in this case," Boddicker said, adding most of Wilson's past offenses are simple misdemeanor traffic offenses, with the exception of a conviction for abandonment of a dog in 2004.
He acknowledged the case has received significant media attention, but brushed the notion that all the publicity has been negative toward Wilson.
For one thing, Boddicker said the case created opinion and debate in the community whether there was enough to get a guilty verdict or, even, whether prosecution on the case was appropriate.
Boddicker said although Wilson has had a non-substantial work history, "he has shown he is capable of getting employment."
Wilson's pretrial release supervisor, according to Boddicker, has described Wilson as having a "good attitude," and "respectful to staff," raising his opinion his client is a good candidate for supervision.
"The victim in the crime is not a person or property of another person," Boddicker said.
Dean, minutes before sentencing, disagreed on Wilson's contention the prosecution did not present the jury enough evidence that he acted in a depraved and sadistic manner in the killing of his 9-month-old puppy named Aries.
Further, Wilson contended that "the court failed to properly instruct the jury as to the proper definitions of the words 'impound' and 'confine,' " which are key elements to prove animal neglect.
And lastly, Wilson through Boddicker, argued he did not get a fair and impartial trial "as a result of the court overruling the defendant's Graves objection, thus resulting in prejudice to the defendant," with the prosecutor calling a defendant a liar, or imply a defendant, in this case, Wilson, was lying.
During the trial in Keosauqua, Boddicker objected to Liles' line of questioning toward Wilson's untruthfulness when Fort Madison police officer James Carle asked him what he did with the dog, the day of the incident. Wilson told the officer he slit the puppy's throat.
So Liles asked Wilson what else he lied about to police.
As with that trial, Dean reiterated Tuesday that Wilson was not, in any way, prejudiced because prosecutors questions were formulated from Wilson's own testimony.
Dean also said "the jury was adequately instructed," on the definitions of confine and impound as pertaining to the case and the animal neglect charge.
The judge also denied Wilson's request that a new attorney be seated to represent him during sentencing saying "I see absolutely no conflict here."
Wilson may not have received jail or prison time Tuesday, but his legal woes are far from over.
He is charged -- in another case -- for felony child endangerment on accusations he used a hazing-like paddle to inflict injuries on his 20-month-old son, Ivan, about the same time his January trial ended.
Boddicker has withdrawn as Wilson's attorney in that case. Keokuk attorney Curt Dial have been appointed to take over. That trial begins Aug. 18.
Being an assistant county attorney by that time, Boddicker will not be prosecuting the case. A special prosecutor is expected to fill in. | Source: The Hawk Eye - June 11, 2008
Update posted on Jun 11, 2008 - 6:00PM |
A jury in Van Buren County District Court found Terry Lee Wilson, 28, of Fort Madison, guilty of animal torture and animal neglect after about three hours of deliberation Friday afternoon.
Wilson's case was being heard in Van Buren County on a change of venue after the first trial in Fort Madison ended in a deadlocked jury. The word 'mistrial' was again floating around at this trial, but the jury continued discussing the case and came up with a unanimous decision.
Before the jury was asked to decide the case, about a half-day's worth of evidence was given from witnesses. The trial began Friday with a re-direct to Fort Madison Police Officer Jamie Carle from Lee County Prosecutor Gordon Liles.
Liles asked Carle if Wilson had admitted to lying to the officer at the trial in January. Carle did recall that. Wilson had told Carle he'd slit his dog's throat on July 10. In the January trial, Wilson said he'd lied about that.
Liles then asked if that meant the rest of Wilson's statement was in question. Carle said "yes".
But defense attorney Clinton Boddicker wasn't going to let Liles allow the jury to question the rest of Wilson's story. He asked Carle if several other witnesses had been told the same story by Wilson. Carle said "yes". Boddicker then asked if that meant those parts of the story were not in question and Carle said he guessed not.
Boddicker also asked why Wilson wasn't charged on July 10. Carle explained that in some circumstances he and the police chief like to ask the county attorney about a charge. It was too late on July 10 to contact the county attorney's office. Carle left a message and sent a report. He didn't follow up on the call, but an arrest warrant was requested by the county attorney's office and granted on July 13.
Susan Meredith took the stand. Her testimony was that she saw Wilson carrying the dog by the scruff of the neck. She yelled at him to put the dog down, but he did not respond. Time was again a question. She said she had the window open a few minutes, but Boddicker asked if it could have been a few seconds. She estimated hearing the dog howl for seven to nine minutes.
Liles asked if he had total control of the dog - an element for 'confinement' - and Meredith said "yes".
After the prosecution rested, Boddicker asked the judge for an acquittal, which was denied.
The defense began its presentation of evidence after lunch and called veterinarian Dr. Donald Shannon to the stand. Shannon testified that he had examined the dog, which had become a "pile of maggots" after six days in the ground in the July heat.
He said there was one possible stab wound, but he couldn't even be sure that wound was made by the weapon. He said there was no way to tell if the dog had been stabbed multiple times or once. Both the prosecution and defense used that statement as an argument.
Liles asked Shannon why he doesn't just stab dogs to put them to sleep for people. He said using the euthanasia solution is as fast as turning a light switch off and that it's by far the least painful method of death.
Raymond Wilson - the defendant's father - also testified. He said the dog came up to his knee and was 35-40 pounds in weight, about 20 pounds more than most other witnesses claimed. The older Wilson said the dog had been aggressive with him while in his garage.
Liles asked why he hadn't offered to drive his son to dispose of the dog. At the time, Raymond said, he didn't have a driver's license and on that morning his wife was at work.
Wilson took the stand after his father and went through the events of July 10 again. He told how the dog lunged at him and how he'd pushed furniture to try and trap the dog. Then later, how he found the dog on Rhonda Edgington's porch and took him to his back yard.
There was no emotional break- down or tears this time as he told the story of plunging the sword into Aries' chest. He said it took less than a minute for the dog to die. He told the jury he found no pleasure in the task.
During the cross examination Liles began asking what else Wilson had lied about besides slitting the dog's throat. Boddicker asked to approach the bench. Judge Emily Dean sent the jury out and the lawyers discussed with the judge a prior court ruling about using the word "liar" when questioning a defendant. After a short break, Dean ruled that the testimony would not be stricken from the record, but Liles had made his point.
Liles did ask Wilson why he said he'd looked in the dog's eyes as they clouded over. Wilson said "Why wouldn't I?"
After the case was given to the jury, Boddicker was again asking for an acquittal. He was interrupted, however, by Keosauqua's tornado siren. Everyone in the courthouse was taken to the basement for about an hour until the 'all clear' was given.
The jury came in with a verdict at about 6:30 p.m. Wilson was upset by the verdict. When asked for a comment he hesitated.
"Yes, I would (like to comment). It's amazing the police don't do their job, then people get convicted for this s***," he said, and as he continued out the door to get in his father's vehicle, "Six days! It took them six ******* days," presumably talking about the six days it took the Fort Madison police to get a search warrant to exhume the dog. Boddicker suggested that had the dog been examined earlier perhaps one stab wound could have been established.
That also would have been the case had Wilson given Carle permission to dig up the dog on July 13, three days after the dog's death. He refused to do so. | Source: Daily Democrat - April 28, 2008
Update posted on Apr 28, 2008 - 11:25PM |
A Fort Madison man is found guilty of animal torture and neglect after killing his 9 month old dog with a samari sword. Terry Wilson now faces up to two years in jail plus thousands of dollars in fines and fees.
According to the Burlington Hawkeye a Van Buren County jury took just more than 2 hours to return with the guilty verdict. Wilson admitted to killing the dog last summer after he said it became aggressive toward his children. He'll be sentenced next month. | Source: WGEM - April 27, 2008
Update posted on Apr 27, 2008 - 8:51PM |
The retrial has been set of a man accused of hacking his 9-month-old Australian shepherd to death with a samurai sword.
Terry Lee Wilson, 28, who is charged with one count of animal torture, will again face a jury April 24, which is 10 days after his child endangerment trial. His animal torture trial in January ended in a hung jury.
Wilson's attorney, Clinton Boddicker, on Wednesday said he will file a motion for a change of venue, citing among other things, the extensive media coverage of Wilson's court proceedings in his two cases.
"It has received more attention now since then," Boddicker said.
Last year, a judge declined a similar request and opted for Wilson's animal torture trial to be heard in Lee County.
If his motion is granted, Boddicker said he thinks a judge may move the trial outside the Eighth Judicial District's jurisdiction.
"The goal is to find jurors who do not know anything about the case," Boddicker said, adding the more jurors know about the comings and goings of the case the harder it is to assemble an impartial panel.
A similar scenario occurred during jury selection in January, when most of the prospective jurors said they had heard about the case from several sources.
After two days and more than 13 hours of deliberations, the jury remained deadlocked, prompting Judge Emily Dean to declare a mistrial in the case.
Wilson was arrested July 13 on the aggravated misdemeanor, which is punishable by up to two years in jail or a maximum fine of $5,000.
He claimed the dog became aggressive toward him and his children and tried to get the food he prepared for his children.
Wilson testified he did not hack the dog, but instead stabbed it to death.
About the same day that trial ended, authorities said Wilson allegedly used a hazing-like paddle to inflict injuries on his 20-month-old son, Ivan, which led to his arrest on a child endangerment charge.
On Monday, Wilson was granted a pretrial release under the supervision of probation officials while awaiting the child endangerment trial set for April 14.
Lee County jail officials on Wednesday said Wilson remains in jail and is scheduled for release as soon as probation officials interview him and process supervision paperwork.
A ruling on whether prosecutors will be allowed to add a charge of animal neglect to Wilson's animal torture charge had not been made Wednesday.
Boddicker said his office has not received any plea offers from the prosecutor, Gordon Liles, and that all indications are the retrial is imminent. | Source: The Hawk Eye - March 7, 2008
Update posted on Mar 7, 2008 - 4:49PM |
Terry Wilson, 28, of Fort Madison was back in court on Friday. This time it had nothing to do with animal torture. He's waiting for a possible retrial after the case against him on that charge was declared a mistrial on Jan. 28.
According to court documents, Friday he was asking to be released on his own recognizance on a child endangerment charge. Wilson was arrested at his home on Feb. 5 after his day care provider reported bruises on his son's buttocks.
Wilson admitted to police after his arrest that he had gone too far in disciplining his son, Ivan, when he would not go to bed. He allegedly used a wood paddle about 18 inches long, with one side having a handle and the other being about four inches wide.
Police allege that he struck his son on Jan. 28, the same day he had been in court hearing that the jury could not reach a unanimous verdict on the animal torture charge.
Wilson and his attorney Clinton Boddicker asked Judge Michael Schilling to allow him to be released from the Lee County Jail on his own recognizance, or at least be able to put 10 percent of the $10,000 bond down for his release.
Lee County Prosecutor Gordon Liles - the same attorney who prosecuted the animal torture case - told the judge that animals, children and society need protection from Wilson and he would be better off under the protective eyes of jail officials.
Liles reminded the court that Wilson admitted to striking his son and left "extensive bruising" on the boy's lower back and buttocks from the waist to the top of his knees. He also said Wilson was out on $15,000 bond from the animal case when this incident occurred, which could be viewed as a violation of that release.
Wilson's children, Lily, 3 and Ivan, 20 months, were voluntarily placed in DHS custody on Jan. 30 by Wilson. They are staying with foster families. Should Wilson be released from jail visits would be supervised.
Because of this Boddicker said there are no safety issues should Wilson be released. Judge Schilling will make a ruling early this week. Wilson was returned to jail to await the decision.
Wilson had pleaded not guilty to the child endangerment charge. The pre-trail conference is scheduled for April 4, with the jury trial set to begin on April 14. No retrial date has been set for the animal torture case. | Source: Daily Democrat - March 3, 2008
Update posted on Mar 3, 2008 - 4:15PM |
Terry Lee Wilson, the man whose January trial on animal torture charges ended in a jury deadlock, was arrested late Tuesday afternoon after allegations he used a paddle to inflict injuries to his 20-month-old son surfaced.
Armed with a warrant charging the 28-year-old with child endangerment, Fort Madison police officers took Wilson into custody at his home in the 2700 block of Avenue O without incident. He is being held on a $10,000 cash-only bond.
Department of Human Services investigator Sharon Andrusyk filed an affidavit in court revealing a conversation agency workers had with Wilson's 3-year-old daughter, who claimed her father used a paddle to hit her brother on his buttocks.
The 3-year-old girl told social workers Wilson had her stand in a corner while he allegedly hit her brother because they would not go to bed, according to court papers filed Tuesday.
Investigators said the alleged incident happened "on or about" Jan. 28, the same day Judge Emily Dean declared a mistrial on Wilson's animal torture case.
A day-care provider, who watches Wilson's children, told investigators when the latter dropped his children off Jan. 30, Wilson informed her his son had "a little bruise on his butt."
Wilson's daughter allegedly interrupted and said her brother was "bad in bed and got spanked with a paddle."
The paddle, according to court papers, is made of wood; 18 inches in length, one end being four inches wide with the other tapered off as a handle. The board is about 1/2 inch thick with three holes in the top part.
The day-care provider told investigators she saw large bruises on the child's buttocks, while she was changing his diapers.
Upon seeing the obvious injury, the provider reported the matter to Wilson, who, according to the day-care provider, said he had no idea what could have happened to his son.
At his Avenue O home, Wilson told DHS workers he knew about his son's bruises and said he struck his son "on the butt three or four times" on different occasions Friday and Saturday.
When asked about what his daughter told investigators about the paddling, Wilson told DHS workers "she is probably right because she would remember better."
As the Jan. 30 conversation flowed, Wilson reached under his couch and showed the paddle, which the social worker noticed had signs of chew marks, possibly from a dog.
Andrusyk, the investigator, told Wilson the injuries to his child appeared to have been caused when the child was paddled at least three times.
Wilson affirmed the investigator's theory, according to the complaint, saying he "went too far."
This latest legal woe is not connected and did not stem from Wilson's animal torture charge, a case in which he is accused of hacking his 9-month-old Australian Shepherd puppy last summer.
Lee County prosecutor Gordon Liles on Tuesday said he is looking at re-trying the case within 90 days and has reiterated his earlier stand that his office will not make any plea offers to Wilson.
Liles did not comment on the highly debated case where the jury came out deadlocked, with 11 wanting to return with a not guilty verdict and one who stood his ground and was convinced Wilson was guilty.
Defense attorney Clinton Boddicker said he has not received any information from prosecutors stating their intentions for a re-trial.
Boddicker said he will not make a decision whether to seek a change of venue, a request that is expected to receive much resistance from Liles, until he hears from the county attorney's office.
Plea or no plea does not make a difference to Wilson, who said he will not agree on any deals; he wants another trial on his dog case. He said he is confident a retrial will produce a not guilty verdict.
During his trial, Wilson withdrew a request that the judge instruct the jury to include animal neglect as a lesser charge in determining his fate. He said he did not hack his puppy, who was named Aries, with a samurai sword, but rather stabbed it in the chest.
Wilson said the puppy became aggressive toward him and his children and tried to get food he prepared for his children on July 10, the day of the incident.
"If he (Liles) can't prove I tortured a dog, he's wasting his time," Wilson said during a brief phone interview late last week.
Two weeks before the case went to trial, prosecutors offered Wilson to plea guilty to the lesser charge of animal neglect, and in exchange he would be paying the minimum fine and sentenced to one year in jail with all but 90 days suspended. He would be given time served credit, which amounted to about 27 days.
Wilson said he would have taken the deal, if it was made much earlier and the case was not allowed to linger, attracting much public attention and scrutiny.
"I will not accept it (plea agreement) out of principle," Wilson said. "I did not do anything but protect my children."
Instead of just facing an aggravated misdemeanor and a possible two years in jail if found guilty of animal torture, Wilson's hole has become deeper. If the child endangerment charges are proven true, the felony is punishable by up to five years in prison. | Source: The Hawk Eye - Feb 6, 2008
Update posted on Feb 6, 2008 - 11:52PM |
A Fort Madison man whose animal torture trial ended in a hung jury now faces charges for allegedly hitting his young son with a paddle.
Terry Lee Wilson, 28, was arrested Tuesday on a child endangerment charge. He was being held on $10,000 bond.
Court documents show that Wilson's 3-year-old daughter told state Department of Human Service workers that he struck his 20-month-old son because the child wouldn't go to bed.
The incident allegedly happened on Jan. 28, the same day a judge declared a mistrial in Wilson's animal torture trial. In the case, Wilson was accused of killing his dog with a samurai sword.
A day-care provider told investigators that Wilson told her his son might have a "little bruise on his butt." Wilson's daughter allegedly interrupted and said her younger brother was bad and was spanked with a paddle.
Court documents indicate the wooden paddle is 18 inches long, four inches wide with a tapered handle and about one-half inch thick.
The day-care provider told investigators that she saw large bruises on the child while changing his diaper.
Wilson told human service agency workers that he had struck his son "three or four times on different occasions over two days," documents show.
If convicted on the child endangerment charge, Wilson could face up to five years in prison. | Source: Des Moined Register - Feb 6, 2008
Update posted on Feb 6, 2008 - 10:36PM |
Jurors in the case to decide if Terry Wilson of Fort Madison was guilty of animal torture came back to the North Lee County Courthouse on Monday.
After another full day of deliberation, it was decided the jury would never be able to reach a unanimous decision and Judge Emily Dean declared a mistrial.
Dean called the jurors into the courtroom at about 2 p.m. on Monday to see if there had been any progress. By that time the jury already had deliberated for eight hours - from 2 to 5:30 p.m. Friday and 9 a.m. to 2 p.m. Monday.
The jury went back into deliberation and was given a few more hours, but were called into the courtroom by the judge at 4 p.m. where she asked the jury forewoman if she thought the jury was going to be able to come to a decision.
The forewoman said she thought the jury was making some progress. The judge then returned the jury to the jury room.
At 6 p.m., Dean called the jury back one last time. Dean conducted a poll to see if jurors felt more deliberations would result in a verdict.
Eleven of the 12 jurors said no. The only person willing to keep talking it over was juror Alex Eaves of Wever. He said there was one holdout to a verdict and they could have used just a little more time.
Wilson left the courthouse after speaking with Clinton Boddicker, his attorney, without making comments. Even if he had been convicted, he would be have been free until the sentencing because he is out on bond.
The mistrial means the state may choose to try again.
The prosecuting attorney, Gordon Liles was not available to come to the courthouse. Lee County Attorney Dave Andrusyk was filling in for him and didn't know if Liles would pursue a new trial. The state has a year to do so after Wilson waived his right to a speedy trial.
This case has been followed with interest by animal lovers since the incident on July 10 when Wilson killed the nine-month-old Australian shepherd with a ninja sword.
The first day of the trial, Thursday, saw a large number of people, many affiliated with the PAWS animal shelter, attending the trial.
The court clerk had to ask some of those in attendance to keep their comments to themselves and if some couldn't handle the evidence, they would need to leave the courtroom.
That comment was made because one woman gasped and started crying the first time Liles unsheathed state's exhibit number one, the sword Wilson admitted to killing the dog with.
The question the jury had to sort out was whether Wilson hacked the dog with the sword or stabbed him once as he claimed through tears on the stand, a testimony Liles later called "an Academy Award winning performance."
There are three elements to convict for animal torture.
The person must inflict severe physical pain with a depraved or sadistic intent and cause prolonged suffering or death.
The jury had to decide if Wilson got any joy out of killing the animal or if it was an evil act.
Wilson maintained from his arrest through his testimony that the dog was vicious and had to be put down.
He said he had few options. He had no car to take it to the animal shelter nor the money to have a vet put him down.
He said he's never had any cooperation with the police to seek help from them so he felt he did the best he could to protect himself and his two young children. | Source: Keokuk's Daily Gate City Online - Jan 30, 2008
Update posted on Jan 31, 2008 - 3:24PM |
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