Attorneys/Judges
| Defense(s): | Norman Mastromoro | | Judge(s): | Patrick Kirk |
CONVICTED: Was justice served?
more information on voting
When you vote, you are voting on whether or not the punishment fit the crime, NOT on the severity of the case itself. If you feel the sentence was very weak, you would vote 1 star. If you feel the sentence was very strong, you would vote 5 stars.
Please vote honestly and realistically. These ratings will be used a a tool for many future programs, including a "People’s Choice" of best and worst sentencing, DA and judge "report cards", and more. Try to resist the temptation to vote 1 star on every case, even if you feel that 100 years in prison isn’t enough.
Case #12598 Rating: 2.9 out of 5
Cat killed in park
Little Falls, NY (US)Incident Date: Tuesday, Oct 16, 2007
County: Herkimer
Charges: Felony CTA
Disposition: Convicted
Defendant/Suspect: Mark Albert Beacraft, Jr.
Case Updates: 4 update(s) available
Little Falls police had been looking into the disappearance of as many as a dozen cats in the Southern Avenue area near the canal.
They've arrested a man for the death of one and are looking into whether he could be involved in the disappearance of others. Little Falls police were investigating the disappearance of several cats in the city when a trail of blood on a gazebo near Southern Avenue lead to 22 year old Mark Beacraft is charged with one count of aggravated cruelty to animals - Buster's Law.
Police never found the cat but say Beacraft admitted killing and torturing the animal so badly. They can't repeat what he allegedly did for people like Larry Ortlieb, who devote themselves to caring for animals, this is incomprehensible.
"Especially an animal that looks to you for trust and affection," said Ortlieb, with Community Animal Program. "They're innocents. They don't realize...you know...all of a sudden you start beating them up and i just can't understand what goes through people's minds to do that."
Police arrested Beacraft October 23 and say he killed the animal around a week prior. Larry Ortlieb's frustration grew when he realized his organization, Community Animal Program, or CAP, adopted a cat out to Beacraft a few months ago.
"We checked references, checked vets and everything checked out fine, there was no reason not to but we are concerned," Ortlieb said.
Concerned and committed to being at every one of Beacraft's court appearances. He was supposed to be arraigned in Little Falls City Court on Oct 30, but that was adjourned.
No future date has been set.
Case UpdatesA man who pled guilty to killing a cat in Little Falls in 2007 now faces charges of assault after police say he inflicted injury on a toddler.
Mark Albert Beacraft Jr., 24, of 21 Southern Avenue, Little Falls, was arrested Tuesday, April 6 for felony second-degree assault for intentionally causing physical injury to a four-year-old child.
Police would not give details about the incident.
"I can't say anything on that," said Little Falls Police Chief Michael Masi when asked about the arrest.
Beacraft was originally arraigned on the day of his arrest in Little Falls City Court and remanded to the Herkimer County Correctional Facility on $25,000 cash bail or $50,000 bail bond, said Beacraft's Attorney, Norman Mastromoro. Court was then adjourned until Wednesday, April 7, where he appeared with his counsel and bail was continued. Beacraft remains in jail and is scheduled to re-appear April 14 at 1 p.m. in city court.
Beacraft has an extensive criminal history.
In October of 2007, at age 22, he was arrested by LFPD for felony aggravated animal cruelty after he admitted to killing a cat on the South side of the city. He allegedly committed the act in a bandstand gazebo in Columbia Park and disposed of its body in the Erie Canal that runs through the city.
In December of 2007, Beacraft was arrested for second-degree aggravated harassment, a misdemeanor. It was a 'favorable disposition to the client,' so records through Little Falls City Court were sealed. A Freedom Of Information Law request for the outcome of those charges is pending in city court.
In June of 2008, he pled guilty in Herkimer County Court to the animal cruelty charges and he was sentenced to house arrest and probation.
In October of 2008, he received a one-year sentence from county court to Herkimer County Correctional facility for violating the terms of his previous sentence and not attending medical and mental counseling ordered by the court. In June of 2008, he had also tested positive for cocaine.
One year later in October of 2009, Beacraft was arrested for third-degree menacing at 8:25 a.m. at the Little Falls Police Department. Those charges were dismissed that November in Little Falls City Court.
Mastromoro has represented Beacraft in each incident.
"At this time, there are actually no details, other than the fact (Beacraft) has been charged upon the statement of a police officer -- a felony complaint," Mastromoro said. "It's a bare bones accusatory instrument, and I don't know what gave him the information to allow him to draft that instrument."
The felony complaint was lodged by Sgt. Ronald Petrie of the Little Falls Police Department, he said.
"If he based his ableness to do that upon statements given to him by others, I do not have those statements," Mastromoro said. "That's where it's at -- It's that slim right now."
The defense attorney said that in court Wednesday, District Attorney John Crandall told Mastromoro he would be providing any statements the police may have taken.
Mastromoro said without more information the allegations against his client, he couldn't talk much about Beacraft's prior arrests or speculate if there were behavioral issues underlying his actions.
"Without having any statements in front of me other than that felony complaint, and with Mr. Beacraft having indicated to me there is no wrong doing on his part regarding what was alleged, I can't really run with it right now," he said.
Calls to Crandall's office were not immediately returned. | Source: uticadailynews.com - Apr 9, 2010
Update posted on Apr 22, 2011 - 7:59PM |
A 23 year old Little Falls man who previously pleaded guilty to killing a cat in October 2007 received a one year sentence in county jail on Wednesday.
Herkimer County Judge Patrick Kirk declared Mark Beacraft Jr. to have "violated our agreement," in reference to his failure to restrain from prohibited behavior during a period of house arrest, which followed the initial plea to a charge of aggravated cruelty to animals, a felony.
Beacraft admitted to using cocaine, having tested positive in June, which constituted a breach of the release.
Kirk also made comments on a failure to follow "medical and mental counseling" in addition to refusing to take prescribed medications.
Because of these actions Beacraft is "not an appropriate candidate for probation," said the judge, who added "[I'm] imposing a period of incarceration."
Norman Mastromoro, Beacraft's attorney, requested the alternative of an "inpatient program" that would better suit the condition of his client.
Kirk reiterated Beacraft's ample access to rehabilitation services as people have gone "over and above to try to help."
Probation would be "of no avail," said Kirk, who then announced the one year sentence in a correctional facility.
Beacraft was remanded to the Herkimer County Correctional Facility.
Mastromoro said in a phone interview his client wants to appeal the decision, having the right to do so within 30 days.
The original sentencing discussed in the case involved six months of house arrest and five years probation, but had not been imposed, according to Mastromoro.
Local animal advocates attended the sentencing. They brought signs, which were not allowed in the court room, expressing a need for more severe punishment in cases of cruelty to animals.
Robin Yager, of Spring Farm Cares in Clinton, said "We're asking for the maximum sentence."
Kerry Roemer, of New Hartford and Humane Society volunteer, emphasized the seriousness of the crime, and the link between abusing animals and humans - especially women and children.
"They start out with the most innocent one in the household, until they get enough courage," said Roemer, "These are symptoms of underlying worse problems."
Yager said organizations fighting animal cruelty are working together to make New York state laws similar to other states, where automatic felony charges allow for better tracking of repeat offenders.
"If we prosecute at this level we're saving the taxpayers money because it's not escalating into human violence.
Both said they were pleased with Judge Kirk's decision, but repeated a need for harsher punishment.
Mastromoro explained Beacraft can be eligible for release in eight months for good behavior, and also has one and a half months "credit" for earlier time served.
Based on good behavior and time previously served, the one year sentence could be reduced to six and a half months, he added. | Source: The Evening Telegram - Oct 30, 2008
Update posted on Oct 30, 2008 - 3:01PM |
Mark A. Beacraft appeared today in Herkimer County Court on charges of animal cruelty and is being released from Herkimer County jail for house arrest.
Beacraft, 22, of Little Falls, was charged Oct. 23 with a felony count of aggravated animal cruelty for his involvement in the killing of a cat, Little Falls Assistant Police Chief Michael Masi said. The incident happened in the bandstand at Columbia Park on Southern Avenue about a week before Beacraft's arrest, prosecutors said.
The cat's remains were disposed of in the canal.
No action was taken in the interm probation provision appearance. Beacraft's next scheduled court appearance is Oct. 1 before Judge Patrick L. Kirk. | Source: Utica Observer-Dispatch - June 2, 2008
Update posted on Jun 4, 2008 - 1:11AM |
Records at the Little Falls Police Department recently made mention of 22-year-old Mark Albert Beacraft Jr., this time in connection with a separate incident that he was allegedly involved in.
Beacraft, of 212 Southern Ave., Little Falls, was arrested on December 19, for second-degree aggravated harassment, a misdemeanor, however, due to the time the matter occurred, he will not be jailed for the arrest.
Sgt. Patrick Higgins said that the matter took place in October, prior to Beacraft's arrest on October 23, for aggravated cruelty to animals, an unclassified felony under the New York State Agriculture and Markets Law.
Beacraft has since appeared in city court several times in connection to the unrelated incident involving at least one animal.
He was ordered on house arrest on October 31 under the strict supervision of his grandmother, Josephine Beacraft.
"The order [for house arrest] was in conjunction with a bail recognizance order," Higgins said. "[Beacraft] is expected to maintain lawful behavior. Technically, had the matter of the recent arrest happened after the orders were given, that would constitute second-degree criminal contempt for disobeying the lawful mandate of court. Because the matter occurred before his arrest, that is nullified. This does not pertain to his [house arrest] orders because those charges were actually made prior to his [unrelated] arrest."
Beacraft is scheduled to reappear in city court on January 9, pending medical examination results ordered by Little Falls City Court at his last court date on December 19. Higgins said the separate charges will more than likely be examined at this time. | Source: Little Falls Times Online - Dec 27, 2007
Update posted on Dec 28, 2007 - 11:48PM |
References« NY State Animal Cruelty Map
« More cases in Herkimer County, NY
|
