Animal Abuse: Kittens set on fire - Rhinelander, WI | Pet-Abuse.Com Animal Cruelty Database

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Case ID: 2025

Classification: Burning - Fire or Fireworks

Animal: cat

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Case #2025 Rating: 3.0 out of 5

Kittens set on fire
Rhinelander, WI (US)

Incident Date: Thursday, Nov 13, 2003
County: Oneida

Disposition: Convicted

Defendants/Suspects:
» Michael Rocke
» Gregory Specht
» Jeffrey P. Barnhill
» Jessica Stefonik
» Tim Sheldon

Case Updates: 4 update(s) available

Two Rhinelander men are charged with animal cruelty in connection with the burning of an eight-week-old kitten.

Michael Rocke, 20, and Gregory Specht, 33, were arrested after the November 13 burning incident. The kitten suffered third-degree burns and a second cat died from injuries it received.

Case Updates

The last of six defendants charged with abusing a pair of cats November 11, 2003 has been sentenced.

Michael Rocke, 20, received a stern lecture on the importance of standing up for one's principles as well as three months in jail.

Before he was sentenced Rocke entered guilty pleas to two misdemeanor charges of mistreatment of animals. He was accused of kicking a cat, dragging a cat against the pavement while in a moving car, and standing by while others burned two cats.

Oneida County District Attorney Steve Michlig conceded that Rocke was not the main actor in the event.

"It was the Greg Specht show," the prosecutor said, referring to the lead defendant in the case, but argued Rocke was not without fault.

He said Rocke committed exceptionally cruel acts when he kicked an animal and held it to the pavement while in a moving car. He also faulted Rocke for associating with someone like Specht to begin with and for not interceding to stop the torchings.

He recommended Rocke spend some time in a jail but offered no specific length of time.

Rocke's attorney, Mike Bloom, called two character witnesses, the defendant's uncle and his employer, both of whom vouched for Rocke's general good conduct. Both said this incident was "out of character" for Rocke and his employer said he is still a trusted employee.

Bloom also argued Rocke had little to do with the actual burning of the cats and at one point turned away from the entire activity.

"He was so turned off by what he saw Specht doing he went behind a car," said Bloom.

Bloom also said Rocke and Specht were not friends and that Rocke recognizes his mistake is ready to get his life back on track.

Given his chance to speak, Rocke said he's learned a great lesson.

"I will look closer at the people I am with and the situations I am in," he said. "I want to rebuild what I had before and continue to grow."

Judge Mark A. Mangerson, as he has said in sentencing four of the other defendants in this case, repeated that jail time is a necessity because the acts committed were so abhorrent.

Besides the three month jail sentence, Mangerson also sentenced Rocke to two years probation and 40 hours of community service.

Mangerson said he would like Rocke to serve his community service at the animal shelter if the staff there is agreeable. The judge said he wants Rocke to see how important small animals can be in the lives of people.

Rocke received the third most severe penalty of the six defendants. Specht was sent to prison for three years and Judge Robert E. Kinney sentenced Jeffrey Barnhill to six months in jail. The other three defendants, Timothy Sheldon, Marijo Peek and Jessica Stefonik, all served 20 days in jail.

Source: Rhinelander Daily News - Oct 20, 2004
Update posted on Oct 21, 2004 - 11:19PM

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Barnhill is charged with two counts of mistreatment of animals as party to the crime. He is accused of helping friends set two cats on fire. One cat was killed, the other was severely disfigured.

Holding up the resolution of Barnhill's case, which was scheduled to go to trial Tuesday, is confusion over a remark in the transcript of Barnhill's interview that falsely indicates he used a lighter on the cats.

According to testimony given during an earlier preliminary hearing, another co-defendant, Greg Specht, 33, was the only member of the group alleged to have taken part in the torchings to actually use a lighter.

Representatives of the district attorney's office have also stated during more than one hearing on the abuse cases that the state believes Specht is the person who actually lit the cats on fire and the other defendants were charged for various other acts related to the torchings.

The problem currently vexing the court is how the judge found out about the transcript error.

According to statements made by Assistant District Attorney Steve Michlig, Barnhill's attorney John Vorhees, and Kinney himself, the judge was made aware of the mistake during an informal conversation with a sheriff's deputy about an unrelated matter.

The deputy in question was aware of the mistake because she was present when a senior officer conducted the interview with the defendant.

Some time later, during the sentencing hearing of one of Barnhill's friends, Kinney noticed the defendant in the courtroom and told him he was aware there was a problem with the transcript of his interview.

During a hearing on Barnhill's case in February, Kinney mentioned the error on the record and attempted to correct it in order to protect Barnhill's legal rights and to ensure the public at large would not labor under false assumptions regarding Barnhill's participation in the case.

However, both parties still appear to have concerns about the possible ramifications of the error and how the judge learned of it.

Michlig said he's concerned that an appellate attorney could look at the record and think that the judge had ex parte information (information obtained outside the presence of both parties) about the case and formed a bias against the defendant or relied upon false information when binding a defendant over for trial.

"I don't want to be in a situation where we are back trying this case again," he said.

Michlig then asked the defense to either ask that a new judge hear the case or waive any objections related to the communication between the judge and the deputy.

At that point, Kinney again insisted the communication with the deputy was innocent and he remains an impartial participant in the case.

"For the life of me I think the whole thing was innocuous," he said, adding that he would have no problem if the defense would prefer a different judge take over but would not recuse himself.

"I don't now feel nor have I ever felt there is a basis for my recusal," he said.

Ultimately, Barnhill chose to go forward with Kinney as judge but both sides asked for more time to review the tape of Barnhill's statement so they can come to an agreement about what was said.

After Vorhees indicated the parties are close to an agreement regarding the disposition of other charges pending against Barnhill (theft, possession of a controlled substance, and driving without a drivers license) Kinney set June 3 at 1:30 for a final pre-trial conference.

At that time it is hoped all of the cases against Barnhill can be resolved.

On a related note, Michlig told the court there is an agreement between the state and the defense in the case against Specht and that case should be resolved in May.

Source: Update posted on Apr 29, 2004 - 11:46AM

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The defendants court dates have advanced, and is as shown:

Michael Rocke - Motion Hearing on 6-14-04; Gregory Specht - Pretrial Conference on 6-02-04; Jeffrey Barnhill - Jury Trial on 4-27-04 (as previously stated) and Tim Sheldon - Arraignment on 5/03/04.

Online source (Wisconsin Court System - )

Update posted on Apr 21, 2004 - 11:44AM

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John Vorhees, attorney for Jeffrey P. Barnhill, 21, told Judge Robert E. Kinney Tuesday that negotiations with the district attorney's office geared toward resolving the case have not been fruitful.

"We don't have anything at this point," he said, adding that the dispositions of the cases of the other three defendants in the animal abuse case could affect negotiations in Barnhill's case.

Barnhill is one of five people arrested after an adult cat and a kitten were doused with gas and lit on fire. The adult cat died. The kitten required reconstructive surgery but it survived.

So far only one of the defendants, Jessica Stefonik, 18, of Rhinelander, has been sentenced. She served 20 days in jail for her part in the alleged crime.

The other three defendants are scheduled for court appearances in early April.

Michael Rocke, 20, of Rhinelander, will have a pretrial conference April 6; Greg Specht, 34, of Rhinelander, will have a pretrial conference April 13; and Tim Sheldon, 19, of Crandon, is scheduled for a preliminary hearing April 7.

If the two sides cannot come to a plea agreement beforehand, Barnhill will go to trial April 27.

Barnhill is free on a $7,500 signature bond.

Source: Update posted on Apr 1, 2004 - 8:43AM

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Kittens set on fireRhinelander, WI (US)

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Kittens set on fire
Rhinelander, WI (US)