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Case #8135 Rating: 3.6 out of 5
Dog shot with .22, resulting in death
Charlestown, RI (US)Incident Date: Monday, Mar 27, 2006
County: Washington
Disposition: Convicted
Defendant/Suspect: Richard Heines
Case Updates: 1 update(s) available
A local man has been charged with two counts of cruelty to animals after he allegedly shot and killed a neighbor's dog on King's Factory Road.
Richard Heines, of 820 King's Factory Road, Charlestown, pleaded not guilty to charges of mistreating and unnecessarily torturing a domestic animal in Fourth Division District Court on April 13. He is alleged to have shot and killed a female Rottweiler with a .22 calibur rifle.
According to a report by Charlestown Patrolman Philip B. Gingerella, the dog's owner William Bentley of 820 King's Factory Road told police that the animal disappeared from his yard during the afternoon of March 27. Bentley subsequently heard several rifle shots from across the street, followed by the sounds of his dog screaming, he told police.
During a police investigation of Heines' yard, Gingerella found the animal wounded near a woodpile at the residence.
"She was conscious and laying on the ground with her head up," he wrote. "She had blood coming from her nose, mouth and left eye. Her breathing was extremely labored and she appeared to be slipping in and out of consciousness."
Interviewed later at his daughter's residence, Heines admitted to shooting the animal.
"I asked him where the dog was when he shot him and he told me right where the dog was," Gingerella wrote. "I asked him his concerns for shooting the dog and he stated, 'The dog was walking though the yard.' He then told me the dog had chased his chickens in the past and had growled at him in the past."
Police later put Bentley's dog down due to the severity of its injuries.
Based on Heines' account, Charlestown Police Lt. Jack Shippee said that the animal did not appear to threaten him prior to the shooting. The dog only began growling after it was shot in the head, nose and shoulder, he said.
Heines was released on $3,000 personal recognizance pending pre-trial in District Court on April 27.
Sgt. Michael Paliotta worked with the Rhode Island Society for the Prevention of Cruelty to Animals following the initial investigation, Shippee said.
Case UpdatesA national animal rights group wants a King's Factory Road man charged with shooting his neighbor's dog to undergo a psychological exam and mandatory counseling if he's convicted of the crime.
In a letter to Charlestown Solicitor Peter D. Ruggiero, Dan Paden of the People for Ethical Treatment of Animals asked the town prosecutor to push for an evaluation and therapy should Richard Heines, 63, of 820 King's Factory Road, face sentencing in the death of a female Rottweiler.
On March 27, Heines told Patrolman Philip B. Gingerella that he shot neighbor Walter Bentley's pet with a .22 calibur rifle earlier that day because the animal had chased his chickens and growled at him in the past, according to police reports.
The dog - which reportedly wandered from Bentley's yard minutes before its owner heard gunshots on Heines's property - suffered bullet wounds to the head, nose and shoulder, and was later put down by the patrolman.
"The viciousness shown in shooting helpless animals must not go unpunished," Paden wrote in PETA's April 25 letter to Ruggiero. "Area residents have reason to be concerned. According to leading mental health professionals and law enforcement agencies, perpetrators of violent acts against animals are often repeat offenders who pose a serious threat not only to other animals but to the community as a whole."
"Because repeat crimes are the rule rather than the exception among animal abusers and given the violent nature of his alleged actions that day," Paden added, "we implore your office to take every measure necessary to ensure that Heines, if convicted, is prohibited from contact with animals and to immediately seize any animals who may remain in his charge."
Charlestown Police have charged Heines with two criminal misdemeanors - mistreating and unnecessarily torturing a domestic animal. He is expected to appear in Fourth Division District Court today for a pre-trial hearing in the case.
Paden said PETA's involvement in animal cruelty cases varies. The Norfolk, Va.-based group addressed Ruggeiro with their concerns after receiving about a dozen phone calls and e-mails from readers of The Sun, he said.
"Typically, our first step is to write a letter to prosecutors with our concerns and recommendations," Paden said. "If we get the sense that the case is not taken seriously, or if a weak plea deal is in the works, we may encourage those who have expressed concern to write to prosecutors or to the judge, or to attend hearings. In the past, that has certainly been effective."
Though PETA's letter is addressed to Ruggeiro, Charlestown Police Lt. Jack Shippee said Assistant Solicitor Jennifer Sternick is handling the department's case.
Heines is currently facing up to 11 months in prison on each misdemeanor count. Shippee said he could have been charged with the malicious killing of an animal - a felony count that carries a maximum of two years in prison and up to a $1,000 fine, according to state statute.
"We realize that he could have been charged with a felony, but the Attorney General's office would have handled the case from there," Shippee said. "The reason we chose to do two misdemeanors is so we can have more control over the sentencing."
Additionally, Shippee said a felony charge levied against Heines would have required the dog's body to be exhumed. A necropsy would have had to be performed by the Rhode Island Society for the Prevention of Cruelty to Animals, with the remains stored in a freezer until District Court proceedings concluded, he said.
"Taking into account the owner's feelings, it was not the right thing to do," Shippee said. | Source: The Westerly Sun - April 27, 2006
Update posted on Apr 28, 2006 - 3:43PM |
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