A 20-year-old Kaukauna man has been charged with felony cruelty to an animal for allegedly bludgeoning a woodchuck to death.
Benjamin M. Altmann, 969 Holland Road, was charged in Outagamie County Circuit Court with further proceedings scheduled for Aug. 29.
According to the criminal complaint, Altmann and a 16-year-old accomplice killed the woodchuck at Little Chute's Island Park last Aug. 24.
A witness, who thought the animal was a beaver, said the two jumped out of a car and ran down the animal and beat it with sticks.
The witness said, "He saw the beaver running towards the water trying to get away from the two. The beaver was not moving fast. The two then hit the beaver several times until it stopped moving."
It was later determined the animal was actually a woodchuck.
The 16-year-old was referred to juvenile authorities.
Because the animal was killed, the charge is a felony and carries a maximum of two years in prison plus three years of extended supervision. Case UpdatesAccording to Wisconsin Statutes, the malicious injury or killing of an animal, whether wild, domestic or a pet, can lead to criminal charges.
Benjamin M. Altmann, 20, Kaukauna, was charged last week with felony cruelty to an animal for allegedly running after and bludgeoning a woodchuck in Little Chute's Island Park last August.
Altmann and a 16-year-old accomplice allegedly chased the woodchuck and beat it with sticks.
The 16-year-old was referred to juvenile authorities.
Further proceedings in the case are scheduled for Aug. 29.
According to the law, "no person may treat any animal, whether belonging to the person or another, in a cruel manner."
The law defines cruel as causing unnecessary and excessive pain or suffering or unjustifiable injury or death. The law also defines an animal as any living warm-blooded creature except a human being, all reptiles or all amphibians.
How the letter of the law is applied depends upon the circumstances.
"If you have a woodchuck on your property and it is destroying your property, you are justified in killing it, that's what the law says," said Assistant Dist. Atty. Michael Balskus, who is assigned the case.
"This is a little bit different because they ran the animal down and beat it do to death," he said. "If they were walking in the park and the woodchuck started hissing or something, then it would be different. But in the case they were looking for something to kill."
Still, the time it took to prosecute for an incident that took place 11 months ago is an indication of its priority.
"I know this case was dictated more than six months ago. It basically got caught in the usual backlog of cases we have, waiting to get typed up," Balskus said. "Major felonies and domestics have priority. I don't think woodchucks are that high on the list." | Source: Appleton Post-Crescent - July 29, 2002
Update posted on Oct 23, 2006 - 7:42AM |
Neighborhood MapFor more information about the Interactive Animal Cruelty Maps, see the map notes.
Back to Top References | Appleton Post-Crescent - July 18, 2002 |
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