Case Snapshot

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Attorneys/Judges
Prosecutor(s): Lindsay Vaughan
Defense(s): Ray McHugh
Judge(s): Wallace Bateman


For more information about the Interactive Animal Cruelty Maps, see the map notes.



Sunday, Mar 27, 2011

County: Bucks

Disposition: Convicted

Defendant/Suspect: Gary Kirk

A Newtown Township farmer who attempted to "put down" his dog with a rifle because it bit several neighbors' pets, was sentenced to prison Thursday in Bucks County Court in Doylestown.

Gary Kirk, 62, of Upper Silver Lake Road, will serve 11½ to 23 months in the county prison followed by five years of probation.

Kirk, a convicted felon, escaped a possible five-year state prison sentence for unlawfully possessing a firearm. County Judge Wallace Bateman said the case was just so "unusual" that it warranted a departure from sentencing guidelines.

"You should have taken the dog to a vet. If you had, you wouldn't be standing here," the judge told him.

Kirk pleaded guilty in July to animal cruelty and a weapons offense. He admitted that he shot the dog, a German shepherd, inside a barn on his property in March 2011.

Neighbors heard the gunshot and called police. Kirk initially denied firing the rifle, then admitted that he was trying to kill the dog because he believed that's what he was obligated to do since it had been attacking other animals in the neighborhood.

Officers found the dog nearby. It had been shot in the head and neck, but was still alive. It was later euthanized.

In court Thursday, Kirk, a fifth-generation farmer, said that putting down sick or aggressive animals was an accepted part of farming life. His attorney, Ray McHugh, showed the judge a psychologist's report that stated that Kirk's lifestyle was "at odds with suburban living."

McHugh said his client did not enjoy shooting the dog, but felt it was his duty.

"This was a family pet. It was upsetting for him to do this. He was traumatized by it."

Assistant District Attorney Lindsay Vaughan argued for a lengthy sentence.

"Whatever his intentions were, he failed miserably, to the point where it became cruelty to animals. This was not a humane death," she said.

Kirk's felony record stems from a 1992 conviction for growing marijuana. He also has five prior drunken driving convictions and was previously jailed for fleeing police and receiving stolen property.

At the time of his 1992 conviction, felons were barred from having handguns but permitted to possess long guns such as rifles and shotguns. The law was later amended to include long guns.

Kirk told the judge that the rifle had been at the farm for years, and that he didn't know he wasn't supposed to have it. Vaughan countered that ignorance of the law isn't an excuse.

Bateman said that he took into consideration the fact that Kirk's last conviction was nine years ago. Kirk, a retired U.S. Marine and father of three, told him that he no longer drinks alcohol, and is extremely busy keeping his farm going.

The judge granted Kirk a three-week delay before he had to report to prison after hearing about all the planting that must occur this time of year.

References

« PA State Animal Cruelty Map
« More cases in Bucks County, PA

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