Bird stomped to death Cincinnati, OH (US) Incident Date: Wednesday, Jun 2, 1999 County: Hamilton Local Map: available Disposition: Alleged Alleged: Thomas Durm

Case ID: 1220 Classification: Kicking/Stomping Animal: bird (wildlife) View more cases in OH (US) Login to Watch this Case

Thomas Durm, 25, of Clifton, was charged June 2 with a misdemeanor charge of cruelty to animals in the second degree after he stomped on an injured bird, because, he said, it was hurt and dying. A Highland Heights police officer who watched Mr. Durm killing the bird brought the charge. Moments before he was to face trial on the cruelty to animals charge for killing a bird,  Durm was hit with a new blow � an additional charge of disorderly conduct.

Officer John Christmann reported that Mr. Durm repeatedly stomped the bird, cheered at its death and flashed a "thumbs up" sign at his brother, who was standing nearby. Officer Christmann initially charged Mr. Durm with animal cruelty in the second degree, which carries a maximum penalty of up to one year in jail and up to a $500 fine. As he walked into Campbell County District Court, the charge of disorderly conduct was added.
Mr. Durm said he was surprised by the additional charge.

He said the officer was mistaken.

"I was never threatening," he said. "I never touched the officer. I never left private property." 

Durm said the only thing he did that could have led to the disorderly conduct charge occurred when he protested the animal cruelty charge and cursed.

"When I said I would rather die than have (an animal cruelty charge) on my record, I threw a cuss word in," he said. "I feel badly about that."

But his verbal actions are all Mr. Durm said he regrets. Although the state is not seeking jail time for the offense, Mr. Durm said if he was convicted of the animal cruelty charge, he would appeal.

"It isn't about the fine," he said. "And I would spend a year in jail. But I won't spend the rest of my life with an animal cruelty charge on my record."

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References

	Cincinnati Enquirer
	Cincinnati Enquirer (follow-up)

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