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Case ID: 4990

Classification: Throwing, Burning - Fire or Fireworks

Animal: cat

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Case #4990 Rating: 5.0 out of 5

Kitten locked in trunk, another burned w/lighter
Merrimack, NH (US)

Incident Date: Saturday, May 28, 2005
County: Hillsborough

Disposition: Convicted

Defendant/Suspect: Michael Brazil

Case Updates: 2 update(s) available

Police charged a local teen with two counts of cruelty to animals after he allegedly locked his own kitten in the trunk of his car and lit the whiskers of a friend's kitten on fire.

After being arrested on June 29, Michael Brazil, 17, scratched his name and the date into the door of a Merrimack holding cell. Consequently, police added a criminal mischief charge to the two animal cruelty charges he faces.

Police first started investing Brazil when an animal control officer was called to 30 Old Blood Road in Merrimack on June 15. Samantha Frost, the home's resident, called authorities after Brazil allegedly locked his own kitten in the trunk of his Subaru Impreza at 5 a.m. By noontime, the kitten was "crying very loudly" and removed from the trunk, court documents state. Brazil did not return to the home until evening.

Police learned that Brazil, on May 28, also seriously harmed a kitten belonging to Kim Meagher of Peter Road.

At the Peter Road home, Brazil allegedly grabbed the kitten, named "Boots," by the rib-cage and began throwing the kitten into the air. "Meagher told Brazil to stop, but he continued," court documents state.

Brazil then used a cigarette lighter to "burn the whiskers off the face of the kitten," according to court filings.

Meagher did not report the incident to the police because she did not realize it was a crime.

Brazil's kitten sustained mild dehydration after being locked in the trunk and Meagher's kitten sustained bruised ribs and singed whiskers.

Brazil lives with his mother and stepfather on Daniel Webster Highway in Merrimack.

In Merrimack District Court on June 30, Brazil pleaded innocent to misdemeanor cruelty and criminal mischief charges. He will have a probable cause hearing on July 11 at 9:30 a.m. at the Merrimack court to address the felony cruelty charge for allegedly burning Meagher's kitten.

Brazil is being held on $2,500 cash surety bail. Should he make bail, he has been instructed by the judge to "have no contact with animals."

To send a letter to the prosecutor in this case, urging vigourous prosecution and jail time, mandatory counseling and a lifetime ban of owning animals (per Chapter 644.8.IV(a) of New Hampshire Code) if Brazil is convicted, write to:

The Honorable Marguerite Wageling
Hillsborough County Attorney
300 Chestnut St.
Manchester, NH 03101

Case Updates

Two Merrimack teens accused of firebombing a Merrimack house have both struck plea bargains, and plan to admit their guilt, court records show.

Robert Stevenson, 20, of 9 Dumpling Way, Merrimack, is scheduled to plead guilty and be sentenced March 23 in Hillsborough County Superior Court, but his court file contains no record of a plea bargain, beyond a note that the lawyers expected to Michael Brazil, 19, of 627 Daniel Webster Highway, Merrimack, has negotiated a plea bargain calling for him to be sentenced to 12 months in jail, but his plea and sentencing has yet to be scheduled, court records show.

The two teens face felon arson and other charges stemming from a firebombing that destroyed a house at 30 Old Blood Road early on the morning of April 12.

Police charge a feud between Brazil and a resident of the house, Tim Sullivan, 21, prompted Brazil and Stevenson to pitch Molotov cocktails at the house and a Chevrolet Blazer full of youths on the night of March 31, and then firebomb the house on the morning of April 12, while Sullivan was inside. Sullivan broke through a window to escape the fire, but the house was completely destroyed.

Police said the conflict between the youths erupted during drinking parties at Sullivan's house, which stood at the end of Old Blood Road, where the graded dirt road gives way to unmaintained Class VI roads.

Brazil was indicted on an arson charge, punishable by up to 7� to 15 years in prison, and two counts of possession of an "infernal machine," the legal term for a Molotov cocktail or other firebomb. Those charges also carry a maximum of 7� to 15 years in prison.

Stevenson was indicted for criminal liability to arson, and one count of possessing a Molotov cocktail. A plea and sentencing has been scheduled in his case for March 23.

Brazil's trial had been scheduled next month in Hillsborough County Superior Court, but last week, Judge Bernard Hampsey approved a plea deal that his lawyer, Joseph Hamilton, negotiated with First Assistant County Attorney Roger Chadwick.

The plea deal calls for Brazil to plead guilty to all charges, and be sentenced to 12 months in jail, with credit for time already served. He would remain on probation for two years after his release, with another 12-month sentence to remain suspended for five years so long as he stays out of any further trouble. Brazil also would have to pay restitution for damages, and write letters of apology.

Hampsey's order states he approved the deal "given the unusual circumstances of the case," but does not say anything further about those circumstances.

Chadwick said Thursday he opted not to seek overly harsh sentences in the case because of the defendants were just teens at the time of the crime. Otherwise, he said he "couldn't possibly know" what circumstances Hampsey had in mind.

Chadwick declined to comment on the terms of Stevenson's plea deal, because it hasn't yet been finalized, but he said the terms would be different from those offered to Brazil.

Brazil also has a previous, unrelated conviction for animal cruelty in 2005, for setting fire to a kitten's whiskers. Brazil already spent several months in jail after his arrest, and that time will count toward his sentence, Chadwick said.

Source: Nashua Telegraph - March 16, 2007
Update posted on Mar 17, 2007 - 12:26AM

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Michael Brazil, 17, won't have to spend time in jail for abusing cats, but he will have to undergo a psychological evaluation. Brazil, 17, of Merrimack, also has been forbidden by the state from owning a pet for two years.

He could spend a year in jail if he doesn't comply with the terms of his sentence approved Tuesday in Merrimack District Court on an animal cruelty charge.

Brazil admitted locking his kitten in the trunk of his car and lighting the whiskers of his friend's kitten on fire.

Brazil gave no explanation for his actions when asked by the judge.

Source: Concord Monitor - Aug 4, 2005
Update posted on Aug 7, 2005 - 4:00AM

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References

- July 9, 2005
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Kitten locked in trunk, another burned w/lighterMerrimack, NH (US)

Case Updates

References

Kitten locked in trunk, another burned w/lighter
Merrimack, NH (US)