Attorneys/Judges
| Prosecutor(s): | Howard I. Safford | | Defense(s): | Jeanne A. Liddy | | Judge(s): | Mark D. Mason |
CONVICTED: Was justice served?
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Case #13907 Rating: 1.0 out of 5
Two dogs shot, one dies
Monson, MA (US)Incident Date: Wednesday, Jun 18, 2008
County: Hampden
Charges: Felony CTA
Disposition: Convicted
Defendant/Suspect: Erwin C. Markham, III
Case Updates: 4 update(s) available
A Palmer Road man is facing felony animal cruelty charges after being accused of shooting two rottweilers that he said were threatening him.
One animal was killed and the second wounded.
Erwin C. Markham III, 25, of Palmer Road, was arraigned in Palmer District Court yesterday [June 19, 2008] before Judge Patricia T. Poehler on two counts of animal cruelty and one count of discharging a firearm within 500 feet of a dwelling, in connection with the incident on Wednesday night at his parents' 16 Blanchard Road house.
Markham, who had an innocent plea entered, was released and ordered to stay away from the dogs' owner and his fiancee. He will return to court on June 26 for a pretrial hearing.
Neither Markham nor an attorney representing him could be reached for comment.
The owner of the two 4-year-old male dogs, Jerry and Garcia, said he hopes that Garcia survives his surgery at Tufts Veterinary Hospital. Garcia is stable, but veterinarians do not know yet if his throat can be repaired, said the dog's owner, Michael D. Facchini.
"I'm livid," said Facchini, who moved to 20 Blanchard Road four days ago and is engaged to be married. He said his dogs are not threatening.
"I wanted to start a new life," he said. "This really shattered my world. These (the dogs) were my best friends. This is not the way I wanted to start living in Monson."
Facchini said he had just arrived home on Wednesday night, and was taking items inside the house, when the dogs ran out to greet him. Minutes later, he heard a "boom, boom, boom" and a "horrible yelp."
He said he knew that someone had shot at his dogs, and he yelled their names.
Garcia came running, covered in blood. Facchini said he wrapped up his wounded neck and called 911 and the state police.
As he was heading to the animal hospital, he saw the Monson police next door. At that time, he did not know Jerry was dead.
According to police and court documents, officers seized a 12-gauge shotgun and spent shells from Markham, who discharged four shots.
Documents stated that Markham called 911 to tell police he had just been attacked by two rottweilers, that he shot one of the dogs dead, and that he was not injured.
Documents stated that Markham was about to let his dog outside when he saw the two rottweilers on his deck.
"He alleged that one dog lunged at him while the other dog began to growl," the report stated.
Markham then pushed his dog back inside, closed the door, and loaded his gun. He said he shot one round in the air, and as the dogs were turning away, fired two more rounds, striking one of the dogs, documents stated.
The maximum penalty for animal cruelty is five years in prison or a $2,500 fine, or both.
Case UpdatesErwin Clinton Markham III must serve two years' probation for shooting two rottweilers, killing one, on his parents' Blanchard Road property.
The 27-year-old Monson resident is banned from possessing or handling handguns during his probation, and a court hearing is slated for Dec. 29 to determine whether he must make restitution to the owners of the dogs.
The sentence was imposed on Thursday by Judge Mark D. Mason in District Court. Mason said he based his decision on a report done by probation officer Thomas Kissel. The prosecution had recommended jail time.
Mason asked for a report examining Markham's character, background, home life and history of weapons use or substance abuse before sentencing.
In September, a jury found Markham guilty of two counts of animal cruelty for the June 2008 incident.
Prosecutor Howard I. Safford asked for jail time and restitution, while Markham's lawyer Jeanne A. Liddy recommended a probationary sentence citing her client's previously clear record.
Calling it an "emotional case," Mason urged both sides to put the past behind them. He rejected requests by the Markham family and by Michael D. Facchini, the rottweiler owner, for stay-away orders, even though he said "I am mindful that this is a horrible neighbor mess that appears to be quite dynamic and quite volatile."
"Now is a great time to move forward," Mason told the two sides.
But they didn't appear to heed his advice, as there was sniping between Facchini and Liddy and Markham's mother Brenda Markham after the hearing. Facchini lives next to Markham's parents.
Markham must pay a $50 victim-witness fee and $65 monthly probation fee or community service.
Safford said Facchini is seeking approximately $16,000 in restitution to cover the cost of replacing the dead dog, Jerry, and veterinary treatments for Garcia, the dog which survived. Including wage losses for the dog owner, that number climbs to approximately $20,000, Safford said.
Mason noted there is a pending civil matter that Facchini has filed against Markham and his parents.
Facchini, who previously spoke about how much he loved the dogs and referred to them as his "best friends," declined comment after the sentencing.
Markham said he thought the judge made the correct sentencing decision, but added they will appeal the conviction. At trial, the defense lawyer maintained Markham acted in self-defense, while the prosecutor said Markham shot the dogs as they were running away. The dogs had been on the Markhams' deck.
"The dogs began to run. That wasn't enough. At a great distance away, he continued to fire," Safford told the jury. | Source: Masslive.com - Nov 13, 2009
Update posted on Nov 13, 2009 - 4:57PM |
In the end, the jury didn't buy the defense's claim that Erwin C. Markham II was trying to protect himself when he shot two rottweilers, killing one and gravely wounding the other.
Markham, 27, of Monson, was found guilty on Friday in Palmer District Court of two counts of animal cruelty and one count of discharging a firearm within 500 feet of a dwelling.
Markham was charged by Monson police in June 2008 after he shot Michael D. Facchini's rottweilers, Jerry and Garcia, after they escaped onto Markham's parents' property at 16 Blanchard Road. Facchini lives next door at 20 Blanchard Road.
Jerry was killed and Garcia spent nearly three weeks recovering in a veterinary hospital.
Markham was watching his parents' dog Polar when the incident happened.
While initially too overcome with emotion to speak, Facchini said he was pleased with the verdict. The trial began Tuesday.
"I wanted justice and I got justice from the jury today. I'm grateful for the jury. I'm grateful they didn't stereotype a particular breed," Facchini said afterwards.
Markham's lawyer, Jeanne A. Liddy, said she will appeal the decision and maintains that her client acted in self-defense. She said Markham had no prior history of violence.
Markham declined comment. His mother, Brenda S. Markham, said she was stunned.
Judge Mark D. Mason delayed sentencing on the request of Assistant District Attorney Howard I. Safford. Sentencing will be held before Oct. 2.
The maximum penalty for an animal cruelty conviction, a felony, is 2½ years in the House of Correction or five years in state prison, and a $2,500 fine. An order for Markham to stay away from Facchini and his wife remains in effect.
Liddy said Markham discovered the growling, snarling rottweilers on his deck and said that one lunged and knocked him over.
Liddy said Markham was in a panic and afraid for his life when he went inside, grabbed the shotgun from the closet and loaded it, making his way back to the broken screen door which separated him from the dogs. She said the first shot was "wild," and the dogs were shot in the front as they faced him.
Safford told the jury there was "no necessity to fire that weapon." There was no blood on the deck, "not a drop," Safford said. "These dogs weren't shot on the deck. They made it down 12 steps, 90 feet, 40 feet, without a drop of blood the whole distance. They were running for their life."
The problems between the neighbors are not over yet. The Monson Board of Selectmen will hold a hearing Tuesday regarding a complaint Brenda Markham made about Facchini's two new rottweilers on her property. | Source: The Republican - Sept 19, 2009
Update posted on Sep 20, 2009 - 6:17PM |
A rottweiler that was seriously injured in a June shooting has been returned to its owner, who has been fined for allegedly letting the dog run loose.
Two dogs belonging to Michael D. Facchini, of 20 Blanchard Road, were shot days after Facchini moved to town. Killed was a 4-year-old rottweiler named Jerry. His brother, Garcia, had a severe neck wound and went to Tufts Veterinary Hospital for surgery. He was released on July 7.
Police charged Erwin C. Markham III, 25, of 18 Palmer Road, Apt. 6, with two felony counts of animal cruelty and one count of discharging a firearm within 500 feet of a dwelling.
Markham, who has pleaded innocent to the charges, will return to court next month for a pretrial hearing. He could not be reached for comment.
On the day of the shooting, Markham was visiting his parents, who live next door to Facchini. The houses are separated by woods and are not close.
While Facchini is thankful that Garcia is alive, he said he is still upset over the death of Jerry.
"I'm extremely angry," Facchini said Tuesday. "I would be even more devastated if I lost both of them." He maintained his dogs were not vicious.
Police Chief Stephen Kozloski Jr. said Facchini has been fined for violating a town bylaw by letting the dogs run loose. The chief said the bylaw states dogs must be leashed and not allowed to roam on other property.
If Facchini refuses to pay the fine, $10 for each dog, the matter will proceed to Palmer District Court for a noncriminal hearing, Kozloski said.
Facchini, a lawyer, said he has an issue with being fined and said he can let his dogs roam on his property.
"As to whether or not I violated the leash law, the facts are not in yet," Facchini said. "I don't know where the dogs were at the time they were shot . The only person that was there was the defendant."
In court documents, Markham stated on June 18 he was about to let his dog outside his parents' home when he saw the two rottweilers on the deck. He said one dog lunged at him and the other growled. He then went inside to load his gun, and shot at them at they turned away, court documents stated.
Facchini said Garcia endured three surgeries at Tufts Veterinary Hospital and is due to get the stitches around his throat out today. A veterinarian said it was a miracle Garcia survived, Facchini said.
The vet bills are approximately $15,000. Garcia, for the most part, is back to his old self, Facchini said. However, if the dog eats too fast, he will cough, and he won't go outside alone, Facchini said.
Facchini plans to put a fence up, and said while he can never replace Jerry, four rottweiler puppies will arrive next month. | Source: The Republican Newsroom - July 15, 2008
Update posted on Jul 15, 2008 - 11:30PM |
By the looks of him, you wouldn't think twelve days ago Garcia was shot in the neck, barely clinging to life.
"When he came up the hill he was gurgling blood out of his mouth, says owner, Mike Facchin.
On June 18th, Facchini's two dogs, Gerry and Garcia were allegedly shot by 25-year-old Erwin Markham after he says they lunged at him outside his parent's home in Monson. Gerry was shot in the head, and back and was killed. His brother Garcia was shot in the neck. He has since been getting care here at Tufts Veterinary Hospital in Grafton.
"It went through one side of the neck and actually went through the part of his wind pipe and basically tore that off, he doesn't have that anymore, " says Scott Shaw of the Animal Hospital at Tufts University.
Garcia has had two surgery's and is fighting an infection, but doctor's say it's a miracle he's even alive.
"It missed the spinal cord which was an inch away, if he had to get shot that was the place to get it, " adds Shaw.
But what ultimately saved Garcia's life is the care he first received at the Boston Road animal hospital in Springfield just moments after he was shot.
"To see him today, twelve days later, it's a miracle. I credit the Boston Road Animal Hospital, and Tufts, " says Facchini.
His alleged shooter faces two counts of animal cruelty, and up to five years in prison. Facchini says he's ready for the fight of his life, seeing that justice is served. As for Garcia, he's expected to be released from the hospital next week. | Source: CBS 3 - June 30, 2008
Update posted on Jul 1, 2008 - 1:42AM |
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