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Case ID: 17995
Classification: Beating
More cases in ON
Abuse was retaliation against animal's bad behavior
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Baby racoons beaten with shovel
Toronto, ON (CA)

Incident Date: Wednesday, Jun 1, 2011

Disposition: Alleged

Alleged: Dong Nguyen

Case Updates: 1 update(s) available

Criminal charges in the case of a backyard confrontation allegedly between a family of raccoons and a homeowner armed with a shovel have unleashed Toronto's frustration with the city's burgeoning raccoon population.

Dong Nguyen, 53, was arrested after an alleged skirmish Wednesday morning in the yard of his home on Rankin Crescent near Bloor Street and Lansdowne Avenue in the west end. Just before 6 a.m., neighbour Roddy Muir ran into his backyard after hearing screams coming from next door.

"I climbed to the top of the fence to see what was happening and I saw tiny little raccoons cowering," he said. "One of them was absolutely smashed in and screaming horrifically."

Mr. Muir went inside to call police. The last he saw of what many consider a city pest was the mother raccoon was dragging her injured offspring over the fence to safety.

"The babies were severely injured," said Constable Wendy Drummond.

One of the raccoons was taken to a Toronto Animal Services shelter to be treated for a fractured right paw.

Mr. Nguyen was arrested and charged with cruelty to animals and possession of a weapon for a dangerous purpose. He has been released and is to appear next in court at Old City Hall, Wednesday, July 13.

His arrest has reopened a slow-boiling debate over how to deal with a city-wide nuisance.

"I was shocked and appalled," says neighbour Nanette Lang. "I'm an animal lover, but even if I wasn't, this is barbaric cruelty, which has no place in our society or in this neighbourhood."

She said she plans to make posters to put up in the area to let people know where the accused lives.

Imran Moursalien, 21, who has lived on the Rankin Crescent for nine years, said raccoons are plentiful -and annoying. "We don't know the whole story. Maybe the raccoon attacked him."

Staff Sergeant Blake Shreve of 11 Division said calls of this nature are rare for Toronto Police.

"You can't refute that there is a raccoon issue in the city, but there are more humane ways to deal with it," said Const. Drummond. "There are a number of professional services on the city website. Putting moth balls in the garden, for example, is one way of dealing with raccoons."

The injured raccoon will be transferred to a rehabilitation centre and released into the city once the paw has healed.

"He's a feisty one," said Fiona Venedam, supervisor at TAS North. She did not know the sex of the five-pound kit, who was from this year's litter, but said it was "in otherwise good health."

Most young raccoons stay with their mothers for at least the first few months of life.

"I would say he's at a slight disadvantage [having been separated from his mother], but I think once he's been rehabilitated, he will be strong enough to join another family," Ms. Venedam said.


Case Updates

The Crown is pursuing lighter charges than it could potentially seek against a Toronto man who allegedly beat a family of raccoons in his backyard.

Dong Nguyen faces charges of animal cruelty and possession of a weapon for a dangerous purpose in connection with an alleged attack on the raccoons in the garden of his west-end home last month.

Crown lawyers told court Wednesday they are choosing to move forward with the charges as summary offenses rather than indictable charges.

Indictable offenses would allow for greater punishment, including a maximum sentence of up to 10 years for the weapon charge.

Nguyen, 53, could serve a sentence of no more than 18 months if convicted of animal cruelty.

His next court date is set for Aug. 18. Nguyen did not appear in court Wednesday.

Camille Labchuk, spokeswoman with Lawyers for Animal Welfare, said the Crown should have stuck with indictable charges.

"Animal cruelty cases should generally be pursued to the full extent of the law to provide that deterrent factor and protect human public safety . . . given the strong link between animal violence and human violence," she said.

But such charges rarely result in a conviction since the Crown must prove a high level of intent to harm animals, she added.

"That often works against animals when trying to prosecute those who have committed cruelty against (animals)," said Labchuk.

Police were called early on the morning of June 1 after neighbors awoke to the sounds of a man allegedly attacking a family of raccoons with a shovel.

Animal services says one baby raccoon suffered some broken toes and was taken to a wildlife rehabilitation center to recover.

Police don't know what happened to the other babies because the mother raccoon took them away.
Source: cp24.com - Jul 13, 2011
Update posted on Jul 13, 2011 - 9:57PM 

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