Case Details
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Case Snapshot
Case ID: 16571
Classification: Mutilation/Torture, Stabbing
Animal: dog (pit-bull)
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Abuse was retaliation against animal's bad behavior
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Attorneys/Judges
Prosecutor(s): Brent Capshaw
Defense(s): Cosme Ripol, Eric Morrow
Judge(s): Thomas Hynes, John Dean



CONVICTED: Was justice served?

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Case #16571 Rating: 2.7 out of 5



Dog decapitated with chainsaw
Aztec, NM (US)

Incident Date: Sunday, Aug 15, 2010
County: San Juan

Charges: Misdemeanor, Felony CTA
Disposition: Convicted

Defendants/Suspects:
» Teddy Sexton
» Corey Bowen

Case Updates: 2 update(s) available

The two Aztec men accused of nearly decapitating a dog with a chainsaw after the knife they used didn't work briefly appeared in Aztec Magistrate Court on Thursday to waive their right to a preliminary hearing.

Teddy Sexton, 32, and Corey Bowen, 31, both are facing fourth-degree felony extreme cruelty to animals after they allegedly used a chainsaw to kill a 2-year-old pit bull named Thor because it bit a child on Aug. 15, San Juan County Sheriff's Lt. Dwayne Faverino said.

It is believed children may have witnessed the incident.

"Of course he had just witnessed the dog attack a little girl," Defense Attorney Eric Morrow, said in court Thursday of why the men killed the dog. "Previous to that it attacked a little boy."

Because Sexton is on felony probation he told deputies he could not obtain a gun. Instead he grabbed a kitchen knife and went to where the dog was chained up, Faverino said.

He and Bowen attempted to cut the dog's throat, but were having difficulty and grabbed the chainsaw.

"Ultimately the issue is the method of putting the dog down," Deputy District Attorney Brent Capshaw said during Bowen's appearance.

Morrow attempted to mitigate the circumstances of the killing.

"It was a pit bull, it wasn't just any dog," he said. "He just witnessed a little girl have a hole in her neck."

Sheriff's deputies determined Thor previously bit a 7-year-old boy in the leg and on the day of the incident nipped a girl in the neck, Sheriff's Capt. Tim Black said.

"Apparently the girl played with the dog ever since it was a puppy," Black said. "The girl had a small bruise on her neck and small puncture under her chin."

Neither bite was reported to authorities and the girl was not taken to the doctor, he said.

Animal advocates, however, say the breed doesn't dictate an animal's behavior.

"Any dog that is unsocialized and doesn't have good social skills can attack," Tina Roper, director of the Aztec Animal Shelter said. "It's not any breed in particular. Even pit bulls make very loyal family pets if raised in the right way."

Animal control officers investigated allegations of abuse before this incident.

In 2009, Sexton's sister, who originally owned Thor, called to report Sexton was not taking care of the dog. The woman was no longer able to care for the dog because of a change in her living situation and she chained the dog at Sexton's residence, Black said.

Thor stayed chained there until the chainsaw incident, he said.

Sexton, at the time of the complaint, told animal control his sister was not providing enough food for Thor.

Animal control officers determined Thor was not in bad enough condition to seize the animal and Sexton refused to sign the dog over to officers, Black said.

"It is not illegal to have a dog on a chain as long as it has shelter, water and food," Black said. Animal control officers reported the dog was not vicious.

Thor, at the time of the incident, was chained to a utility trailer with a heavy logging chain, Sheriff's detective Kyle Lincoln said.

The chain was connected to his collar with a padlock. Investigators believe the dog was chained continuously for a year or more.

"Living life on a chain is no life at all," Roper said. "Dogs who live life on a chain lack social skills to interact with people in an appropriate manner. Dogs need to go for walks, come in the house and sleep, play ball. Dogs need social skills."

A Children, Youth and Families Department investigator tipped off deputies to the incident after being notified about several young children suffering from nightmares stemming from the incident.

Investigators still are trying to determine if children witnessed the incident.

The facts of the case at this point don't indicate (child abuse) would be an appropriate charge, Chief Deputy District Attorney Dustin O'Brien said.

A fourth-degree felony carries up to 18 months in prison, but Sexton, because of his prior criminal history, faces up to five and a half years for the incident, O'Brien said.

Sexton is serving probation for a November 2009 case in which he pleaded guilty to misdemeanor aggravated battery on a household member and fourth-degree felony false imprisonment. Prosecutors dismissed additional charges of second-degree felony kidnapping and third-degree abandonment or abuse of a child.

Sexton, as part of his probation, worked at the Aztec Animal Shelter to fulfill his required community service hours. He did janitorial work and did not work directly with animals.

Roper stressed there is always a humane way to put an animal down if necessary.

"Call animal control immediately and report a bite," she said. "Get it to the animal shelter or animal control will pick it up."

The Sheriff's Office also will bring a dog to the shelter provided a family sign the dog over at the shelter, Black said.

The public expressed outrage and demanded justice for Thor.

The District Attorney's Office received more than 600 e-mails, believed to be part of an e-mail petition, O'Brien said. The mass e-mails threatened to shut down the office's computer server.

"We the undersigned ask for the maximum sentence of 18 months in prison for Teddy Sexton and Corey Bowen in the decapitation of this helpless dog," the e-mail states. The e-mail also links the prevalence of animal cruelty with other violent crimes, including serial killers, domestic violence, child and sexual abuse.


Case Updates

The second man accused of cutting a dog's head off with a chainsaw pleaded guilty Tuesday in district court.

Corey Bowen, 32, pleaded guilty to misdemeanor cruelty to animals, a step down from the fourth-degree felony extreme cruelty to animals charge Bowen initially faced following the September 18 incident.

Bowen and Teddy Sexton, 32, were charged after they allegedly cut off a pit bull's head, Thor, with a chainsaw after the serrated kitchen knife they first used didn't work.

"He made an error in judgment and he feels bad about what happened," said Eric Morrow, Bowen's attorney. "He had no idea Teddy was going to use the chainsaw."

Speaking for his client, Morrow clarified the error in judgment was "not calling the authorities immediately and being swept in the emotion of yet another child bitten by this dog."

The two men claim they killed the dog after it bit a child in the neck.

Sheriff's deputies determined Thor previously bit a 7-year-old boy in the leg and on the day of the incident nipped a girl in the neck. The girl was not taken to the hospital.

The plea agreement comes 10 weeks after a hung jury resulted in a mistrial for Bowen.

The jury was evenly split March 8 over reaching a unanimous verdict.

Sexton testified during Bowen's trial that Thor "attacked my niece, bit her in the throat, and I killed him."

He told the court that he acted alone when he severed the dog's head with the chainsaw.

Sexton pleaded guilty October 18 to the felony charge and because of his criminal history was sentenced to a mandatory eight years in prison.

The state, during Bowen's trial in March, failed to prove in the trial that Bowen was present when Sexton used the chainsaw.

Testimony, however, indicated Bowen initially helped cut the dog's throat with he kitchen knife.

He argued during the trial that he helped kill the dog to protect his children.

Bowen, whose criminal past includes a 2005 conviction for drunken driving, faces up to one year in prison for the misdemeanor conviction.

Morrow asked for a probated sentence, citing his client already was "vilified enough in the press" for an action intended solely to protect his children.

Despite the defense request to sentence Bowen immediately, Chief District Judge John Dean postponed sentencing pending more information on Bowen's background.

Because of the method the men used to put the dog down that "kind of choice makes me wonder what's going on," Dean said referring to Bowen.

He added, however, that "I don't necessarily disagree with probation."

Dean ordered Bowen to write a letter expressing his feelings about the incident, following time to think about it, he said.

Bowen, who told the court he owns a 2-year-old boxer that "he loves to death," is expected to be sentenced in three weeks.
Source: daily-times.com - May 18, 2011
Update posted on May 18, 2011 - 10:28PM 
A hung jury resulted in a mistrial Tuesday for the man accused of cutting off a dog's head with a chainsaw.

Despite the mistrial, Corey Bowen, 32, continues to face charges of fourth-degree felony extreme cruelty to animals after he and Teddy Sexton, 32, allegedly cut off a pit bull's head with a chainsaw when the kitchen knife they first used didn't work.

The six-man, six-woman jury was evenly split in its final vote about Bowen's guilt.

In a note to Chief District Judge John Dean on Monday, one hour after resuming deliberations Tuesday, jurors said they could not unanimously decide.

"We have people on each side that say they could not change their vote even if we hash this out for two days," the note stated.

"Based on the question the jury asked, it appeared that at least some of the jurors may not have understood the jury instructions," Chief Deputy District Attorney Dustin O'Brien said in a phone interview Tuesday afternoon.

The jury, which began deliberating the case at about 4 p.m. Monday, questioned the definition of extreme cruelty to animals.

Dean told the panel to rely on the court's instructions, namely, that the state must prove beyond a reasonable doubt that Bowen intentionally or maliciously tortured, mutilated, injured or poisoned the dog, Thor, with a knife or maliciously killed Thor, and that Bowen helped encourage or caused a crime to be committed.

Bowen's attorney, Eric Morrow, believed the issue among jurors was the law itself.

"As the law is written, if you injure an animal in self-defense, you are guilty of felony," Morrow said outside the courtroom.

The extreme cruelty to animals statute is considered a felony, but unlike its counterpart misdemeanor offense, cruelty to animals, there is no written language that provides for lawful justification, which could include self defense, Morrow said.

The crux of Morrow's argument to the jurors in Monday's trial was that Bowen assisted in killing the pit bull because he was bent on protecting his children.

"My client �" he's passionate," Morrow said during closing arguments Monday. "He's behaving like a moron in many ways but he's passionate about his children. Common sense aside, he didn't want another child to be bit."

Police reports indicate both Sexton and Bowen went to kill the dog, Thor, after it bit a 9-year-old girl during a September barbecue at Sexton's home on County Road 2929 in Aztec.

Panic ensued among the six adults, none of whom called the police or 911 to report the bite.

Sexton, in October, pleaded guilty to the same charge, which carries a prison term up to 18 months. But because of Sexton's criminal history, he faced and was sentenced to a mandatory eight years in prison.

"The dog attacked my niece, bit her in the throat and I killed him," Sexton said on the stand Monday.

Sexton testified he acted alone when he severed the dog's head with the chainsaw, stepping on Thor's head to hold the animal down.

Largely at question was the method the men used to kill the dog, versus whether they should end the dog's life.

The state failed to prove that Bowen was present when Sexton used the chainsaw, but testimony indicated the man helped Sexton cut the dog's neck with the knife.

The incident sparked outrage among animal activists worldwide, with e-mails circulating from as far as Australia. The District Attorney's Office, following the incident, received more than 600 e-mails in a mass petition seeking justice for the dog.

Thor, a 2-year-old pit bull, was secured with an 8-foot logging chain in Sexton's yard, approximately 100 yards from the home. The dog lived its entire life on the chain.

A second dog, Karma, a litter mate of Thor's, also was chained in the yard.

Tina Roper, director of the Aztec Animal Shelter, found a home for Karma in Colorado, where she is "living the life of luxury," Roper said Monday.

Karma, who would cower in the back of her kennel when she first arrived in Colorado, now goes for a daily run and plays with children, Roper said.

Although declared a mistrial, Bowen is not off the hook for the charges. O'Brien said the state plans to retry the case.
Source: daily-times.com - Mar 9, 2011
Update posted on Mar 13, 2011 - 6:09PM 

References

  • - Sept 23, 2010
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