Attorneys/Judges
| Prosecutor(s): | John Haroldson |
Duck shot with homemade blowgun, neck wrung
Corvalis, OR (US)Incident Date: Saturday, Oct 4, 2008
County: Benton
Charges: Misdemeanor
Disposition: Alleged
Alleged:
» Robert Cummings - Convicted
» Ryan W. Chesser
» Nikolas T. McQueen
Case Updates: 2 update(s) available
Some states require a psychiatric evaluation for anyone convicted of cruelty against animals.
Oregon is not one of those states, but the Benton County district attorney said he will consider asking a judge to order such an exam if there is a conviction in the case of a duck recently killed at a Corvallis park.
Police said five men went to the pond at Starker Arts Park on Oct. 4 and used homemade blowguns to shoot darts at the ducks. One duck, a female mallard, was wounded but not killed.
The group chased the animal and tossed a coat over it. One of the men allegedly killed the duck by wringing its neck.
Robert D. Cummings, 18, of Philomath was cited for misdemeanor animal abuse. He declined comment when contacted by the Gazette-Times newspaper.
Cited for attempted animal abuse were: Ryan W. Chesser, 19; Nicholas T. McQueen, 19; Marcus R. Eveler, 17; and Michael S. Carpenter, 17.
Benton County District Attorney John Haroldson said his office will consider prosecuting the case and perhaps upgrade the charge against Cummings to aggravated animal abuse, a felony.
Haroldson said he generally believes that illegally killing an animal should result in jail time. In 2006, for instance, a Benton County man convicted of shooting his neighbor's cat got 30 days behind bars.
Cummings, according to police, said the group planned to camp that night and came to the park to hunt ducks for their dinner.
Duck hunting is legal in Oregon, but the season had not yet begun, duck hunting is not allowed in city parks and blowguns are not among the approved methods for hunting waterfowl.
Scott Heiser, the former Benton County district attorney who is now a senior attorney with the Animal Legal Defense Fund, said statistical evidence and academic research have shown that animal cruelty can be a "red flag" for more serious issues.
"People who engage in violence against animals are five times more likely to ultimately engage in violence against a human being," he said
Case UpdatesOne of the defendants involved in the killing of a duck at Starker Arts Park last October pleaded no contest to misdemeanor first-degree animal abuse Thursday.
Robert Cummings, 18, said he was camping with four other friends when they decided to hunt ducks for food, survivalist-style. Using homemade blowgun-like devices made of pipe and razor-tipped "arrows," the five managed to wound a duck. One of the teens, a juvenile, apparently killed the duck by wringing its neck.
At Thursday's sentencing, Cummings told the court he is an animal lover who has volunteered at a wildlife rehabilitation center.
"This was a stupid mistake I made," he said.
Deputy District Attorney Mike Flinn said Cummings had several run-ins with the law, both before and after the duck incident, including a felony marijuana charge. He asked that Cummings' sentence include 15 days in jail.
But defense attorney Timothy Felling said Cummings has turned his life around, is working full-time and has strong family support.
Judge Janet Holcomb levied a sentence of 10 days on the county work crew instead. He also was ordered to serve 40 hours of community service, have 18 months probation and pay $250 to the Majestic Waterfowl Sanctuary in Connecticut.
Holcomb said she was troubled by the teens' decision to hunt in a park.
"If you want to be a survivalist, why would you go to Starker Arts Park?" she asked. "That's kind of like going to the zoo."
But she told Cummings it sounded like he was on the right track with his life now.
Cummings also pleaded guilty for an unrelated charge of unlawful possession of more than an ounce of marijuana, a felony. He was arrested on that charge five days after the duck killing.
Cummings was sentenced to a conditional discharge of 18 months probation, substance abuse evaluation and treatment if necessary. If he successfully completes the sentencing terms, the charge will be dismissed.
Two other teens involved in the duck attack have pleaded not guilty to animal abuse. Ryan Chesser, 20, and Nikolas McQueen, 19, are scheduled to go to trial in the summer. | Source: Gazette Times - April 13, 2009
Update posted on Apr 13, 2009 - 10:18AM |
Two of the young men involved in a duck-killing incident at Starker Arts Park are scheduled to go to trial in July, while another faces felony charges in an unrelated case.
On Oct. 4, 2008, five teens were using homemade blowguns to shoot darts at ducks at the park, which is off Southwest 45th Place. They reportedly wounded a female mallard, then chased it down and threw a coat over it. Robert D. Cummings, 18, allegedly killed the duck by wringing its neck.
At the time, District Attorney John Haroldson said he would consider felony charges against Cummings. The young men reportedly told police that they had intended to camp out and killed the duck to eat it.
Days later, Cummings' legal troubles extended beyond the duck's demise. On Oct. 9, he was cited for unlawful delivery of marijuana, reckless driving, reckless endangering and possession of less than an ounce of marijuana.
Those charges came after Benton County sheriff's deputies responding to a possible marijuana growing operation in Philomath saw a truck pull into the driveway and then drive away. The truck was stopped a short time later by another deputy. After a search, deputies seized scales, cash and several plastic bags of marijuana.
Cummings has since pleaded "not guilty" to second-degree burglary, manufacture of marijuana and delivery of marijuana, all felonies, plus misdemeanor reckless driving and two counts of recklessly endangering another.
Cummings pleaded "not guilty" to misdemeanor animal abuse on Feb. 26. A hearing is scheduled for April 9.
Two of the other men involved in the duck killing, Ryan W. Chesser, 19, and Nicholas T. McQueen, 19, both pleaded "not guilty" to misdemeanor animal abuse. Six-person jury trials have been scheduled for July. The other two people involved were both under the age of 18 at the time; their cases are being handled in juvenile court. | Source: Gazette Times - March 29, 2009
Update posted on Apr 13, 2009 - 10:17AM |
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