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Case #12509 Rating: 4.5 out of 5



Animal feed and hay doused in gasoline
Frederic, MI (US)

Incident Date: Wednesday, Jul 11, 2007
County: Crawford

Charges: Felony CTA, Felony Non-CTA
Disposition: Convicted

Defendant/Suspect: Brian Green

Case Updates: 1 update(s) available

After pleading guilty on Oct 22 to one count of malicious destruction of property (MDOP) greater than $1,000 and less than $20,000, Brian Green of Johannesburg, is scheduled for sentencing Nov. 19 at 9 a.m. at the Crawford County Courthouse.

According to court records, in exchange for his guilty plea two counts of animal abuse; killing/torturing animals, and one count of arson preparation; preparation to burn property $1,000/$20,000, are expected to be dismissed against the 48-year-old Green.

The penalty for MDOP is up to one year jail time. The arson preparation and animal abuse charges are both felonies.

Police reports from the Crawford County Sheriff's Dept. indicated the charges stemmed from a July 11 incident in which Green allegedly contaminated several thousand dollars of animal food and hay by dousing the feed with gasoline at a Frederic Township residence. He also allegedly cut the tire stems of a vehicle parked at the residence and poured sand and water into the vehicle's gas tank.

Sheriff Kirk Wakefield said, according to deputies' investigation, no animals ate the contaminated feed or hay or died or were injured. The arrest warrant against Green reported the alleged incident involved pigs, dogs, chickens and horses.

Wakefield said the charges against Green may have been the result of a possible dispute over money between him and a former Green Valley Kennels employee, Missy Plauman, who lives at the residence of James Kvasnovsky where the alleged incident took place. Plauman told the Herald Times that after she was laid off from Green Valley Kennels in July 2006 and filed for unemployment, Green allegedly became upset about having to pay for her benefits. She said she thought the dispute had been settled in the spring when a employment judge ruled she was eligibile to collect unemployment.

"He had been very upset and irate last year when he found I was getting unemployment and so he told me I was fired and he started making threatening phone calls to me," Plauman alleged Thursday. She said Green had vowed to contest her receiving benefits, made several threatening phone calls and had sent one letter, saying she owed him the money she had collected from unemployment.

Because of the alleged threats, Plauman said she and Kvasnovsky had set up cameras at their residence with which they allegedly "caught him in the act."

This week, Green's attorney, Elliot Blumberg, said it was his client's contention Plauman had been fired and was not eligible to receive unemployment. "He contested the unemployment and when they ruled in her favor, that's what set him off. In retrospect, he realizes it wasn't a wise decision on his part to do what he did. Certainly Brian never intended to harm any animals."

Part of Green's plea calls for restitution for damage to the feed and hay and to Plauman's vehicle.

Plauman estimated damage at $16,000.

Blumberg, however, said the restitution amount has not yet been decided upon. "We expect to come to an agreement."

According to records from the Otsego County Clerk, Green was listed as the owner of Green Valley Kennels, 6709 M-32-East, Johannesburg, until April.

He is free on a $30,000, 10-percent bond while awaiting sentencing.


Case Updates

Brian Green of Johannesburg was ordered to immediately begin serving 60 days of the 120-day sentence he received for one count of malicious destruction of property (MDOP) greater than $1,000 and less than $20,000.

The other 60 days of his sentence were held in abeyance.

After pleading guilty to the MDOP charge last month, Green was sentenced Monday in Crawford County's 46th Circuit Court. In exchange for his plea, two felony counts of animal abuse, killing/torturing animals; and one count of arson preparation, preparation to burn property, were dismissed.

Green could have received up to one year in jail for MDOP, a misdemeanor.

According to reports from the Crawford County Sheriff's Department, the charges against Green stemmed from a July 11 incident in which the 48-year-old man allegedly contaminated several thousand dollars of animal food and hay by dousing the feed with gasoline at a Frederic residence. Green also allegedly cut the tires stems of a vehicle parked at the residence and poured sand and water into the vehicle's gas tank.

According to Crawford County Sheriff Kirk Wakefield, no animals ate the contaminated hay or feed or died or were injured.

In addition to the jail term, which will be served in the Crawford County Jail, Green was ordered to pay fines and court costs in the amount of $420 and received three years' probation. An amount of restitution amount to Green's victim, Missy Plauman, has not yet been determined, according to the Crawford County clerk's office records.

Sheriff Wakefield said the incident may have stemmed from a possible dispute over money between Green and Plauman, a former Green Valley Kennels employee, who lives at the Frederic residence where the alleged incidents of July 11 took place. County records listed Green listed as an owner of the kennel until April.
Source: Gaylord Herald Times - Nov 21, 2007
Update posted on Nov 29, 2007 - 5:57PM 

References

  • « MI State Animal Cruelty Map
    « More cases in Crawford County, MI

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