CONVICTED: Was justice served?
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Case #13999 Rating: 1.0 out of 5
Horses, dog neglected
Danville, NH (US)Incident Date: Monday, Feb 25, 2008
County: Rockingham
Disposition: Convicted
Defendant/Suspect: Kim Damato
Case Updates: 1 update(s) available
A woman charged five weeks ago with cruelty to horses now has been charged with cruelty to a dog, a Rottweiler named Boss who is now on the mend.
Kim Damato, 45, of 272 Main St., also was charged with making a false report to law enforcement.
In the aftermath of her arrest on the cruelty to horses charges, Damato claimed she hadn't had Boss for two months, Danville police Chief Wade Parsons said. Police do not believe Damato's contention, the chief said.
About two weeks ago, police found Boss, 20 pounds underweight and with worms, in the care of an unnamed third party.
Police traced the animal's whereabouts by following an ad Damato had allegedly posted on the Internet, where the dog was offered "free to a good home," Parsons said.
Danville's investigation stems from a Feb. 29 visit to Damato's barn, where authorities found three horses without food or water, police said.
One horse was so severely emaciated that it had to be euthanized. The other two horses were removed from the residence and have since been returned to their owners, police said. The horses are still being treated, but are expected to recover, police said.
Boss has been doing well in the care of the Society for the Prevention of Cruelty to Animals in Stratham. SPCA animal cruelty investigator Steven Sprowl said the dog has slowly been putting on weight the past few weeks.
"He's enjoying life, getting three squares (meals) a day," Sprowl said.
Damato was released on $500 personal recognizance bail and is scheduled to answer to the charges in Plaistow District Court at 8 a.m. on May 5.
If convicted, she could face up to a year in jail and/or a $2,000 fine on each charge, police said. In addition, Boss would be put up for adoption by the SPCA, Sprowl said.
Damato is scheduled to face the horse cruelty charges at 8 a.m. on April 14 in Plaistow District Court.
Case UpdatesA former Danville woman was sentenced yesterday to 45 days in jail in an animal cruelty case that included a horse's death by starvation.
Kim Damato, 47, will go to jail today. She will serve her sentence on weekends, from 5 p.m. Friday through Sunday at 5 p.m.
Damato's last known address is in Plaistow.
She was arrested by Danville police in March 2008, about two weeks after officers responded to a report of a horse in distress at 272 Main St.
A 2-year-old quarter horse was found to be too emaciated to be saved and was euthanized at the request of its owner, police said at the time.
Two other horses, a 12-year-old quarter horse and a 7-year-old pinto gelding, were removed from the residence and returned to their owners, police said earlier.
Her arrest followed an investigation by Danville police and animal control, Hampstead animal control, the New Hampshire Society for the Prevention of Cruelty to Animals and an equine veterinary practice.
Damato entered not guilty pleas, but accepted a guilty finding on them. She has appealed each conviction.
Yesterday's sentencing agreement followed a pre-trial sentence investigation report.
The sentence was ordered after the court took into consideration the apparent "extreme" cruelty, withholding food and water, resulting in the death of one of the horses, as well as stresses in the Damato's life, her lack of a criminal record and her successful care of animals in the past.
Damato made a brief statement in a phone interview yesterday.
"I'm glad it is over and I feel like I've done the right thing," she said.
Sheila Johannesen, Danville's animal control officer, said she was happy with the court's decision.
"I'm happy that justice is finally going to be served," Johannesen said. "Animals don't have any voice."
Conditions tied to the sentence include two years of probation and a mental health evaluation, and Damato cannot own any animals, except her dog and two cats, according to the court sentencing order.
She also was found guilty of filing a false report to law enforcement. | Source: Eagle Tribune - March 1, 2010
Update posted on Mar 14, 2010 - 5:37AM |
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