Attorneys/Judges
| Prosecutor(s): | Colleen K. Swanson | | Defense(s): | Matthew Frawley | | Judge(s): | James Lawrence Ryan |
CONVICTED: Was justice served?
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Case #14565 Rating: 1.0 out of 5
Kitten thrown 50 feet into street
Frederick, MD (US)Incident Date: Thursday, Aug 28, 2008
County: Frederick
Disposition: Convicted
Defendant/Suspect: Terry Lee Boone
A 14-week-old brown kitten is dead. Its skull was fractured Aug. 28, 2007, when a former Frederick man threw it about 50 feet to Madison Street for soiling the floor in his house, according to Frederick County Circuit Court documents.
The tabby's killer will spend a long weekend in jail for the crime.
On Friday, visiting Judge James Lawrence Ryan ordered Terry Lee Boone, 48, to serve three days of a 180-day sentence in the Frederick County Adult Detention Center for animal cruelty.
Ryan also told Boone he cannot care for animals or live in a residence with them during a year of supervised probation.
The judge spent some time mulling over that condition at the request of Assistant State's Attorney Colleen K. Swanson. Eventually, he agreed.
That means if Boone, who lives in Hagerstown, reconciles with his wife, the four remaining critters in her house -- the kitten's mother, "Sabrina," and three dogs -- have to go. If any animals are there, Boone can't move back in.
"Mr. Boone is not a serial cat thrower," Assistant Public Defender Matthew Frawley said, accusing Swanson of "overkill" by seeking a psychiatric evaluation as a condition of probation.
"Mr. Boone picked up the kitten and he threw it. He tossed it out of his house," Frawley said. "Many people have done that" when their cat misbehaves, such as clawing at a piece of furniture, he said. "Or they've kicked their dog."
Swanson said Frawley was minimizing Boone's actions.
She cited his criminal history, which includes convictions for domestic violence and assaulting a police officer, as an additional reason Boone should be jailed for causing the vulnerable creature to be euthanized.
"The flippancy of the defense attorney is quite shocking," she said. "There's no recognition of what the defendant did. He inflicted wounds on this animal simply to express his own anger."
Boone, a general contractor, testified he was tired that evening when he saw "the cat was taking a crap on the floor."
"I did not mean to kill it," Boone said. "I did not mean to hurt it. I love animals. I'm sorry. I'll do anything you want me to do."
The kitten had no name, as the family was looking for homes for the litter.
In addition to the jail time, Ryan ordered Boone to pay court costs and $590.22 in veterinary bills.
Boone also must complete an anger management program.
Frawley complained that criminal cases involving animals are blown out of proportion.
"In Frederick County, animal cruelty cases are taken so seriously, they are the most heinous cases in this court now," he said. "The cat was urinating, defecating. Mr. Boone lost his temper. He'd had a long day at work." References« MD State Animal Cruelty Map
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