Animal Life over Human LIfe

Interesting article from Sarasota Florida

Ponce’s Law will make it easier for Florida prosecutors to punish animal abusers with prison.

SARASOTA — Animal rescuer Shono Otto says if people saw animal abusers punished “word would get around.”

“I think that would help the situation,” said the president and founder of Underdog Rescue of Florida, reacting to a case in Manatee County where three animals died from thirst after being abandoned in an apartment.

Sarah M. Wilson, 36, of Sarasota has been charged with two third-degree felonies of animal cruelty in connection with the deaths last February. She allegedly left her two Chihuahuas and a black cat in a unit at Champions Walk Apartments with a large feeder and three large water containers that dried up.

Champions Walk Apartments maintenance supervisor Anthony Oteri noticed the animals while he was doing scheduled repairs to the apartment on Jan. 16, 2018 and took a picture of the dogs barking at home and cowering in a bedroom. He gave them water and an email notice about the dogs was sent to Wilson.

The tenant and sole caretaker for the dogs replied by email stating a caretaker left them out of their cage and they had been take care of. She convinced management they were OK, said Manatee County spokesman Randy Warren.

But alone in Apartment 1610, the animals slowly died when water ran out. A letter was posted on the door of the apartment by management Jan. 31 because of nonpayment of rent and about 27 days later staff at Champions Walk re-entered the apartment after rent went unpaid.

This was the first time Manatee County Animal Services was notified — too late to save any of the three pets that were dependent on a person to care for their most basic needs.

Special prosecutors

Six years ago, when Ed Brodsky became state attorney, he assigned two prosecutors who possessed specialized knowledge and expertise to prosecute animal abuse. The aim was to enhance the sentences given to animal abusers and bring much-needed attention to animal neglect that Otto and other rescuers sought.

“Historically, we had seen animal abusers escape punishment or not punished severely enough,” said Brodsky, who called animals voiceless victims. “We wanted to make sure there was accountability for those who harm animals.”

The prosecutors are trained to prove the crime and work with law enforcement and veterinarians to gather evidence.

“There’s a lot of collaboration,” Brodsky said. “It’s a niche area.”

The maximum penalty for a third-degree felony of animal cruelty is five years in prison and a $10,000 fine. But prison is rare for most animal abusers, who averaged less than 16 points on sentencing scorecards before Oct. 1, 2018, when Ponce’s Law was signed into law.

The Florida statute, named after a Labrador puppy that died of severe abuse in Volusia County, increased the sentencing guidelines for felony animal cruelty from a Level 3 (16 points) to a Level 5 (28 points). This makes it more likely for convicted animal abusers to go to prison.

“It (Ponce’s Law) gave more teeth and punishment for those cases,” Brodsky said.

A person scoring under 22 points cannot be sentenced to prison in Florida and must have 44 points for a prison term. Animal cruelty remains a third-degree felony — a 28-point crime. Points are added for additional offenses, victim injuries, prior record, probation violations, and enhancements such as drug trafficking, theft, domestic violence and sexual assault.

Mitigating factors could reduce a sentence and a judge can depart from the instruction if they explain why.

Assistant State Attorney Andrew Van Sickle, the special prosecutor for the State Attorney’s Office in Sarasota County, says he still needs to prove the defendant is a danger to society in order to get prison. The court can order animal abusers tried after Ponce’s Law went into affect barred from having animals.

Van Sickle says animal cases are treated with “due care of punishment” because there are some people who have good intentions regarding animals.

“What is needed as a prosecutor in these crimes is someone who understands psychologically, the root cause of what happened,” Van Sickle said. “By way of example, we all know the correlation to physical injury to animals and domestic violence — these people who beat animals as a result of their frustrations in life. That carries over to murder and domestic violence.”

But other cases involve hoarders or a person with cats who wants to take care of them, but lost control.

“They had good intent, but psychologically they lost it along the way,” Van Sickle said. “Does that same person deserve five years in Florida state prison? We have to look at the root causes. It’s complex in that regard.”

Van Sickle, who also tries exploitation of the elderly and white collar crimes, says he is proud to work on the animal prosecution team that includes Melissa Gould in Manatee County.

“What is needed as a prosecutor in these crimes is someone who understands psychologically, the root cause of what happened,” Van Sickle said. “By way of example, we all know the correlation to physical injury to animals and domestic violence — these people who beat animals as a result of their frustrations in life. That carries over to murder and domestic violence.”

But other cases involve hoarders or a person with cats who wants to take care of them, but lost control.

“They had good intent, but psychologically they lost it along the way,” Van Sickle said. “Does that same person deserve five years in Florida state prison? We have to look at the root causes. It’s complex in that regard.”

“We have a lot of people who take their own time and money to help these animals,” Van Sickle said. “Without them we couldn’t do this job.”

Gould says she is an animal lover who likes giving back to the community.

“There was a need for the vulnerable part of the community, elderly and animals to be protected,” said Gould about the State Attorney’s Office unit. “I don’t have talking witnesses or victims. When you have a bank robber you have that person get on the stand and talk about it. The way I prove the crime is different — that starts with having a good relationship with law enforcement.”

Animal rescuers and prosecutors agree that protecting animals whose welfare depends on people begins in the community.

“We’re a village; everybody should take a little bit of responsibility to make sure the animals didn’t end up like this,” Otto said. “It all starts with animal services. It starts with neighbors reporting it.”

The Sarasota County Sheriff’s Office Animal Services works with rescue groups and holds animals during court. They provide veterinary care and provide vaccinations for animals that are surrendered or become adoptable.

The facility has taken in wild pigs, horses, cows, rodents, reptiles, and cats and dogs.

 In 2018, Sarasota County animal services was supported by more than 70 volunteers who donated 13,020 hours. They helped facilitate 435 adoptions and transferred 1,123 animals to rescue groups.

There were 922 “lost” animals returned to their owners.

Animal Services has an operating cost of $292,513. They are aided by the work of the sheriff’s agricultural unit.

“We deeply care about the animals in our community,” Brodsky said. “I’m an animal owner myself. As an office, I would assure the community we care deeply about the welfare and safety of our animals. Anyone who harms an animal we will do anything we can to make sure justice is served.”