I saw this story out of Grand Rapids, Michigan of a 15-year-old boy who was sentenced to 20 years for invading a home and killing a dog. Jonathan Castelan said that when he broke into the home, the family’s 8-pound dachhound bit him and he killed it with a hammer.
What is interesting about this case is two fold. First, this is part of a plea despite the huge sentence. Second, the killing of the pet seems to have driver the demands for the long sentence as much as the home invasion. The fact that this is a teen would often factor into a lower sentence but (given the sentence and the release of his name) he appears to have been treated as an adult.
Owners Abel and Denise Soto actually complained that the sentence was too light because of the dog’s death.
The sentence is in fact quite long for the killing of a pet and also long for a home invasion in many states. We have often complained on this blog about the light treatment given the killing of pets. The community was enraged by the dog’s death in this case and it seems to have translated into a longer sentence.
For their part, the Sotos were given a new dachshund puppy by an anonymous source.
Source: USA Today
Now that you all have ironed out the relevant legal wrinkles… please.. may I derail? (Thanks.)
Would that imply that when the pooch goes out for a poop, that it should be arrested for indecent exposure?
Anonymously Yours
1, September 19, 2010 at 11:30 am
Well, now if Cheney and Bush were subject to it, I’d have absolutely no problem with it…..
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Gotta agree with you while also recognizing it’s our own form of tribalism …
Good morning to you, AY … trust your weekend was satisfactory
Well, now if Cheney and Bush were subject to it, I’d have absolutely no problem with it…..
Mandatory sentencing is making critical decisions before all the facts are known. We all know how well that works out.
Mandatory sentencing is really a hobble on the ability of judges to administer justice. It not only interferes with appropriate sentencing by limiting judicial discretion, it somewhat impairs the utility of the function of fact finder.
Culheath…..absolutely ……
Wootsy…You are correct… but Michigan has a Truth in Sentencing…the Judge has no discretion….there are sentencing guidelines…NO DEVIATIONS except for reasons stated on the record…..then both folks have the right to appeal, Prosecutor or Defense…..
While I have to agree that pets deserve more respect under the law than they usually get, I’m certainly with the “this is an excessive sentence” consensus. Culheath’s point is valid – the sentence not only isn’t justice, it doesn’t even pass a basic cost/benefit analysis.
AY:”Before the thread gets Jacked and I am sure it will…..I think the issue is the length of sentence for a 15 year old…being tried as an adult…..not the actual crime that was committed”….
Precisely. 3 years with intense counseling max would be more reasonable. Aside from the dog biting the boy invoked a “law of jungle/survival” excuse, culpability for children is not the same as that for an adult, nor should it be either morally or scientifically. What purpose will a 20 year sentence serve and how socialized is the boy likely to be when released as an adult? How much will the state have spent on his incarceration? Where is the benefit?
….and I am not in disagreement with those who believe animal cruelties should be punished more diligently….
“this is part of a plea despite the huge sentence”
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pardon me but as a non-lawyer….doesn’t this reflect the perps’ lawyers abilities? …I’ve got to think there is information not reflected in this discussion. I’ve heard tell of people who kill people walk away with less…
Before the thread gets Jacked and I am sure it will…..I think the issue is the length of sentence for a 15 year old…being tried as an adult…..not the actual crime that was committed….They are reprehensible in of themselves….my home was broken into by a family member….so yes….I know….
Contradict yourself much, Spammy? (rhetorical)
Our pets are our children. I support his long sentence, it is about time that pets are not seen as a commodity but as sentient beings we deeply love and cherish!
It was self-defense. No matter what my previous action, (say the B&E), if a dog is biting me, I’m going to stop it. The sentence is ridiculous as are the sentiments of the dog’s owners.
if the dog broke into your house and bit you, you’d might have a point.
At last a judge who demonstrates an example of something resembling proper justice
This person deprived the family of one of its number, the family will probably never feel safe in their own homes again.
“Owners Abel and Denise Soto actually complained that the sentence was too light because of the dog’s death.”
I can understand (if not fully agree with) their reasoning, Even if he serves the full term, which of course he won’t he’d still be under 40 at release.
As a dog owner myself I have long held the opionion (whether logical or not) that bringing a pet into the family home should be regarded as adding a new family member to the home, rather than just another possession obtained and the law should recognise the status of the pet and in cases where the pet is killed or injured, the impact on the entire family unit should be considered a factor when it comes to sentencing.
It was self-defense. No matter what my previous action, (say the B&E), if a dog is biting me, I’m going to stop it. The sentence is ridiculous as are the sentiments of the dog’s owners.
eniobob,
In juvenile matters there must be exact and concise guidelines. What I did not say above is that until they turn 17 they are kept in isolation 23/24 hours a day….
AY:
This case is getting ready to start here in Jersey,they have decided to try them as adults:
Five Old Bridge High School teens accused in beating death to be tried as adults.
http://www.nj.com/news/index.ssf/2010/09/five_old_bridge_high_school_te.html
First of all an appeal that I was involved with Nathaniel Abraham Nathaniel Abraham, was the first “youngster” prosecuted in Michigan as adult for murder at 11, he was freed at 21. The state has a bifurcated hearing hearing in the Juvenile Court called a designation hearing. If the child is deemed designated then it is bound over to the Circuit court for a hearing as in any adult case, age 17. There can even be a Plea, Trial, remand or dismissal.
The case can be dismissed even at that stage or remanded back to the Juvenile court for further proceedings. If it is kept in adult court the following can occur. The Juvenile can be treated as an adult all the way through and even sentenced as an adult. Or the Juvenile can be Tried like an adult and sentenced as in a Juvenile proceedings or if it goes back to the Juvenile Court the Juvenile court rule and remedy’s apply.
If the instant case, B&E of an Occupied Dwelling with the intent to commit a Felony or Misdemeanor can get you life. Yes, Life. When the dog was killed, this could have been a misdemeanor 90 days or 1 year….It could also be a five year sentence as well.
I think this is a case ripe for an appeal of this issue excessive sentencing….Another thing that really grips my ass is the truth in sentencing….Thank you GobP…the judge has absolutely NO DISCRETION. It has to be a range of years……like a low end and a high end….something like this depending on his Juvenile record could get him say 36 months to 240 months….which is all BS….
“Fire, water and government know nothing of mercy.”
~Albanian proverb