Case Details

Cat doused with gasoline and setting it on fire
Spokane Valley, WA (US)

Date: Jul 20, 2003
Local Map: available
Disposition: Convicted

Abusers/Suspects:

  • Jason R. Brumback
  • Rusty V. Rardon

    Case Updates: 1 update(s) available
  • Case ID: 1648
    Classification: Burning - Fire or Fireworks
    Animal: cat
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    Hundreds of people have signed petitions demanding maximum penalties for two teenagers accused of dousing a cat with gasoline and setting it on fire.

    The 2-year-old cat died three days after the ordeal.

    Jason R. Brumback and Rusty V. Rardon, each 17, are each charged with first-degree animal cruelty, a felony, and are under house arrest. They were arraigned Thursday. If convicted, they could face up to 30 days in juvenile custody, plus fines of up to $500 and 150 hours of community service.

    The boys initially told police they torched the cat because they were bored, although one has since disavowed that statement, the Spokesman-Review reported Friday.

    "When I heard about that cat being burned alive, I almost had to pull my car over because I was feeling so sick," said Constance Porter, a registered nurse and mother of three.

    She drafted the petition and faxed it to about 100 veterinary clinics.

    "Not one said 'no,"' Porter said.

    She and her three children also hit city streets to gather signatures. She even collected a dozen signatures Thursday as she waited outside Juvenile Court for the arraignments.

    "I'd guess we've collected at least 2,000 signatures so far," she said.

    Porter said only one woman, who said she hated cats, refused to sign the petition.

    The case has been assigned to Deputy Prosecuting Attorney Sandra Gabriel, who last year prosecuted a man accused of dragging a horse to its death. Gabriel said about 225 names are on petitions already on her desk.

    "This is more response than I ever expected," Gabriel said. "I expected some public outcry ... but nothing like this."

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    Case Updates

    The second of two Spokane Valley teenagers who abducted a cat and set it on fire also will get a felony animal cruelty charge erased if he completes a year's probation.

    Rusty Rardon was given a deferred sentence Sept 4, 2003 by Superior Court Judge Richard Schroeder, hearing a Juvenile Court case.

    Rardon's buddy, Jason Brumback, also was given a deferred sentence on two days before by Schroeder.

    "This court has to be consistent in applying the law to both of them," Schroeder said in granting the deferred sentence to Rardon.

    Like Brumback, Rardon also must complete 150 hours of community service, including 50 hours in an animal care or treatment facility. The teens must pay $592 to county animal control for the cat's medical bills and $250 apiece for their public defenders.

    If Rardon or Brumback violate any conditions imposed during the one-year period, they will be brought back to Juvenile Court for direct sentencing with a felony record.

    The judge said he based part of his reasoning on Washington state law, which says only juveniles convicted of crimes of violence are ineligible for deferred sentences.

    First-degree animal cruelty is not currently defined under Washington state law as a "crime of violence."

    "I know what I did was wrong," Rardon told the judge and Bernie Womack, who owned the 2-year-old brown tabby her family called "Max."

    The cat was abducted from Womack's front porch at 11:30 p.m. on July 20 by the two teens, who told deputies they were bored.

    At the time, Brumback was a runaway from his family's home in Northwood and Rardon was living in a single-parent home with his mother, who works nights.

    The boys, who had obtained gasoline, drove the cat in Brumback's Dodge truck about five blocks to a darkened school field.

    Brumback doused the cat with gasoline and Rardon struck the match, turning the animal into a "running fireball." The cat was euthanized three days later.

    "I apologize," Rardon said. "I'm very sorry."

    Both boys were charged with first-degree animal cruelty, a felony.

    Schroeder, who is retiring, was assigned the high-profile case by Judge Greg Sypolt after it ignited a firestorm of public outcry this summer, including a petition drive.

    If the two 17-year-olds complete a checklist of conditions, including spot drug testing, they will have the felony charge wiped from their records next year.

    Like she did in Brumback's case, Deputy Prosecuting Attorney Sandra Gabriel argued that Rardon should have a permanent felony record and not get a deferred sentence.

    Gabriel said Rardon lied about what occurred and "did not accept responsibility" until his defense attorney moved for the deferred sentence.

    Juvenile Court probation officer Michelle Barbeau also argued against a deferred sentence.

    Among her reasons, the probation officer said Rardon violated terms of his home detention when juvenile court officers found marijuana residue and a bong-pipe at his home in August.

    His father committed suicide three years ago and his brother took his life five years ago, Barbeau told the court.

    The judge also was told the boy may suffer from a bi-polar mental disorder and have Attention Deficit Disorder, but is receiving no treatment or counseling.

    Megan Manlove, Rardon's court-appointed public defender, requested the deferred sentence so Rardon can join the Marines without a felony record when he completes high school.

    The judge's ruling didn't rest well with courtroom spectators, including a young woman who murmured, "This is a joke."

    Others, including Chris and Bob Anderlik said the case shows the Legislature needs to redefine animal cruelty as a crime of violence.

    The judge also said he couldn't order more confinement for Rardon because he already has completed 30 days of home confinement, the maximum allowed by the law for first-degree animal cruelty.

    Under the law, a day of home detention equals a day in Juvenile Detention. Both Brumback and Rardon were given credit for 30 days of home detention.

    That law just changed, and home detention prior to a juvenile conviction won't count as a day in juvenile detention, court officials said.

    Rardon's mother, Bonnie Mustain, was in the courtroom, but did not address the judge. His grandmother, Jackie Mustain, who lives in Montana, said her grandson deserved the break a deferred sentence would give him.

    "If I'd heard this from anybody but my daughter, I wouldn't have believed it," Jackie Mustain said of the crime.

    Neighbor Jaynee Anderson, who described herself as an "animal lover," also urged the court to give Rardon the deferred sentence.

    Since the crime, she has befriended the boy, and he has come to her home to help her administered injections to her cat who's dying of cancer, Anderson told the judge.

    Rardon also checked in with her by phone when he was on home detention, Anderson said.

    Rardon's neighbor said "nobody was there for Rusty" when his brother and father separately committed suicide.

    "Now we need to be there for him as a community," Anderson said after the sentencing.

    Womack, standing nearby, said she expected the deferred sentence. "It will make him or break him," she said.

    "I do feel both sets of parents need to take responsibility for what happened here," Womack said.

    "I'm just glad it's over," the cat's owner said.

    Then she went to the prosecutor's office to pick up a bouquet of flowers delivered Thursday to the Womack family.

    The card was only signed, "Love, Max."
    Source: The Spokesman Review - Sept 5, 2003
    Update posted on Mar 1, 2006 - 2:36PM 

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    References

    The Daily Herald
    The Seattle Times

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    « WA State Animal Cruelty Map



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