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Case ID: 13134
Classification: Kicking/Stomping, Hanging, Poisoning
Animal: dog (non pit-bull)
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Abuse was retaliation against animal's bad behavior
Animal was bound
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Attorneys/Judges
Defense(s): Jeffrey Mann
Judge(s): Mitch Metropulos


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CONVICTED: Was justice served?

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Case #13134 Rating: 2.4 out of 5



Dog kicked, hanged to death, for nipping at owner
Appleton, WI (US)

Incident Date: Thursday, Sep 27, 2007
County: Outagamie

Charges: Felony CTA
Disposition: Convicted

Defendant/Suspect: Eric S Shattuck

Case Updates: 2 update(s) available

Prosecutors say a 34-year-old Appleton, Wisconsin man hanged one of his dogs in his garage because he was angry that the animal nipped at him.

Eric S. Shattuck is scheduled to make an initial appearance Feb. 12 in Outagamie County Circuit Court.

Appleton police began an investigation Sept. 28 after learning of the dog's death from a person who was familiar with the situation. The animal was found in a garbage bag inside the garage, with a choke collar nearby. Shattuck told investigators he attempted to kill the dog Sept. 26 by mixing its water with antifreeze, but the dog refused to drink it, according to the criminal complaint. Shattuck told a police officer that he then grabbed the dog, named Swiper, by the back of the neck, took it to the garage and hanged it from the rafters by its choke collar. He told the officer that he left immediately while the dog was still breathing because he didn't want to see the animal suffer. Shattuck acknowledged kicking the dog inside the house before taking it to the garage.

If convicted of one felony count of animal mistreatment causing death, Shattuck faces up to a $10,000 fine and a combined three years and six months of prison and extended supervision.


Case Updates

An Appleton man who hung his girlfriend's dog after it nipped at him and defecated in the house is headed to jail for one year.

Outagamie County Circuit Judge Mitch Metropulos imposed the maximum sentence Thursday on Eric S. Shattuck after rejecting an agreement between prosecuting and defense attorneys for probation.

"The actions here were a great affront to society and society needs to be repaid," Metropulos said. "Mr. Shattuck needs to know that killing an animal - a defenseless, helpless animal - will be punished."

Shattuck, 35, was charged with hanging the dog, named Swiper, in his garage in September 2007.

At sentencing, he denied an allegation that he first tried to kill the dog, described only as black and white, by giving it antifreeze to drink.

"I regret I did what I did," Shattuck told the judge. "I know I got to pay for it."

His attorney, Jeffrey Mann, asked for no jail, saying Shattuck has a 7-year-old son he has to care for, and has several health concerns, including diabetes, neck problems, asthma and depression. He is being monitored for cancer.

Shattuck is scheduled to have eye surgery next week, but Metropulos rejected Mann's request to delay the start of jail 60 days to arrange for the surgery, child care and psychological counseling.

Metropulos ordered Shattuck to report to jail by Nov. 21. The jail staff, Metropulos said, "can tend to his medical needs."

Mann told the judge the incident was out of character for Shattuck, who has been on probation for theft and drug violations but does not have a violent criminal record.

"This was an incident where the girlfriend's dog nipped at him, nipped at his girlfriend. In this particular incident (Shattuck) snapped," Mann said. "If he could go back in time and do it over, he would."

He said Shattuck is unemployed, and went into counseling after his arrest until his insurance ran out. He said life with his girlfriend was "a pretty chaotic household" and said Shattuck has a history of suicide attempts.

The act, Metropulos said, was an act of "extreme violence and demonstrates a complete lack of ability to control" his temper.

Metropulos also imposed three years probation and several conditions, including 500 hours of community service, preferably at a dog park or animal shelter.

Shattuck will be prohibited from possessing any domestic animals, will be required to maintain absolute sobriety, will have to have psychological and alcohol and other drug abuse assessments and counseling, and will be required to take prescribed medicine.

Three members of a Madison animal welfare group who picketed outside the Justice Center demanding the maximum sentence applauded Metropulos' sentence.

The presentence investigation that recommended probation and no jail "was ridiculous," said Lynn Pauly, director of the Alliance for Animals. Several supporters of the group wrote letters to the judge asking for a jail sentence for Shattuck.

"We were very happy" with the sentence, Pauly said.
Source: Appleton Post-Crescent - Nov 7, 2008
Update posted on Nov 7, 2008 - 8:52AM 
An Appleton man was convicted of a felony charge of mistreatment of animals for hanging his dog from its choke chain. Eric S. Shattuck, 35, of North St., entered a no contest plea to the charge Thursday in Outagamie County Circuit Court.

According to the criminal complaint, on Sept. 26, Shattuck told a visitor to his residence that there was a dog hanging in the garage by its choke chain.

He told the woman that he hanged the dog after a failed attempt to get the dog to drink a fatal dose of anti-freeze. The woman reported the dog, named Swiper, was still hanging in the garage the next day.

Shattuck told her he killed the dog because he didn't want it anymore.

Judge Mitch Metropulos ordered a presentence report and scheduled sentencing for Nov. 6.

The charge carries a maximum penalty of 3� years of prison and extended supervision.
Source: Appleton Post-Crescent - Sept 6, 2008
Update posted on Sep 7, 2008 - 9:13AM 

References


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