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Case #13802 Rating: 2.7 out of 5
Dog dragged behind truck, punched
Farmington, NM (US)Incident Date: Wednesday, Nov 21, 2007
County: San Juan
Charges: Misdemeanor
Disposition: Convicted
Defendant/Suspect: Richard Neuenschwander
Case Updates: 2 update(s) available
A Four Corners man is accused of dragging his dog behind his truck for miles. Now people want to know why he got the dog back.
In November, Richard Neuenschwander was arrested for allegedly dragging his dog behind his truck and punching it.
A little more than two weeks after his arrest, he was given his dog back, because there was no court order requiring the animal shelter to keep it.
People said they are outraged.
"Animals are no different from people… they have feelings you know, they get hurt too," Andrea Beaty said.
"He shouldn't be allowed to have any kind of animal," Brandi Schaefers said.
Farmington police are now left explaining how this could have happened.
"It may have been an oversight on the officer's part. I mean, it could be something as simple as that," Officer Vince Mitchell said.
Mitchell said the arresting officer will not face disciplinary action for not filing the order to seize the dog, but police do plan to train their staff about those procedures.
Neuenschwander recently accepted a plea deal and was sentenced to a year of unsupervised probation.
But a judge will reconsider that sentence Thursday in court.
Case UpdatesRichard Neuenschwander, 59, of Farmington, sentenced earlier this week to unsupervised probation for dragging his dog behind his pickup truck last November, will now be on one year of supervised probation and was ordered Thursday to do 80 hours of community service, the Farmington Daily Times reported.
The community service will be done at the Farmington Animal Shelter and one of the conditions of Neuenschwander's probation will be regular checks on the man's eight dogs, the Daily Times reported.
State District Judge Thomas Hynes, who received numerous complaints following his sentence on Monday, decided to rehear the case in order to give the District Attorney's Office an opportunity to argue its position on possible punishments, the paper said.
"It doesn't seem to be in his character ... it doesn't make a lot of sense," Hynes said of Neuenschwander after hearing from witnesses and opposing attorneys on Thursday. "I think the dog got out of that pickup."
Neuenschwander was initially charged with felony extreme cruelty to animals and assault after a veterinary assistant reported seeing the man drag his 120-pound dog at 40 mph along a Farmington street in November 2007, the Daily Times reported.
Hynes noted Thursday that the resentencing didn't constitute double jeopardy because no official judgment and sentencing order had been filed after Neuenschwander entered an Alford plea on Monday to a reduced charge of misdemeanor animal cruelty, the paper said. | Source: Albuquerque Journal - May 23, 2008
Update posted on May 29, 2008 - 1:29AM |
A new hearing is scheduled to begin Thursday for a Four Corners man who dragged a dog behind his truck at speeds up to 40 miles per hour after the animal reportedly bit a family member.
Judge Thomas Hynes of San Juan County initially sentenced Richard Neuenschwander to a year of unsupervised probation on Monday as part of a plea deal in the case.
But, Hynes decided to order a new hearing to reconsider the sentence. He feels that he was not presented with enough evidence by the defense and the state to make an accurate judgment, according to court documents.
The crime happened in November 2007. A veterinary worker said he stopped Neuenschwander after spotting him driving with the dog being dragged behind a pickup truck. The witness said Neuenschwander punched the dog and threw it back into the truck after he was stopped.
Prosecutors arrested Neuenschwander and charged him with extreme animal cruelty. But, those charges were reduced to a misdemeanor as part of the plea deal.
The case outraged many community members, who have expressed concern that animal control officers returned the animal to Neuenschwander. | Source: KOAT - May 22, 2008
Update posted on May 29, 2008 - 1:28AM |
References
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