Governor's criminal justice reform & felony animal cruelty laws in 2013

The Governor is right. In fact, just to show how badly we need criminal justice reform in South Dakota, let’s look at how it is a felony if someone destroys a $1000 portrait of a person’s dog, but if they maliciously torture and kill that person’s actual dog - it is only a misdemeanor. Something just doesn’t seem right, huh? There is legitimate evidence that individuals involved in violent acts against animals present a danger to the public that must be addressed.

While we know the Governor's criminal justice reform is designed to reduce South Dakota's inmate population, we don't believe this will hamper our efforts in 2013 to increase penalties for the most malicious acts of animal cruelty. It is important to note felony penalties will not increase the number of cases in the court system. Cases are being prosecuted now under existing misdemeanor animal cruelty laws. The proposed law would simply elevate violent acts against pets to a felony allowing SD judges to mandate health evaluations, counseling, heftier fines and incarceration to protect the public.

The National Coalition Against Domestic Violence conducted a study in which 85.4 percent of women and 63.0 percent of children reported incidents of pet abuse after arriving at domestic violence shelters. Intentional animal abuse is often seen in association with other serious crimes including drug offenses, gang activity, weapons violations, sexual assault and domestic violence – and can be one of the most visible parts of an entire history of aggressive or antisocial behavior.

So don’t let anyone tell you 2013 just isn’t the year for South Dakota to strengthen animal cruelty laws. The Governor's criminal justice reform doesn’t include putting dangerous inmates back on the streets; he wants to protect the public from violent offenders. We want felony penalties for malicious acts of animal cruelty to protect our pets and communities from violent offenders – sounds like we have the same goal so contact your legislators today and ask them to strengthen animal cruelty laws in 2013 as a part of criminal justice reform.

Make the Connection; Buddy's Story

Buddy's story demonstrates what statistics have told us for years - animal cruelty is a predictor and indicator of violent crimes and domestic abuse.

· In a 20 year study, 70% of animal abusers were found to have committed other crimes and 44% went on to harm people. (Arluke, A. & Luke, C. 1997)

· State and national surveys of domestic violence victims consistently find that as many as 71% of battered women report their partners threatened, or killed, the family pet. (Ascione, 1995)

· Researchers found that there was animal abuse in 88% of families who were under State supervision due to the physical abuse of their children. (DeViney, Dickert & Lockwood, 1983)

April Boyd was motivated to become an animal advocate the day she met Buddy while working as the office manager at a Mitchell veterinary clinic. At that time in July 2009, Buddy was hooked up to IVs and the staff was providing supportive care because when Buddy arrived he was barely alive after someone tried to cut off his ears. “I've heard many variations of the story, but they used either a steak knife or a pair of scissors to dock Buddy’s ears," says Boyd. “One guy apparently held the dog while the other cut his ears off, and after the deed was done Buddy was crying and howling in pain so they decided to pour liquor and Vicoden down his throat.” In this case the perpetrator was identified and charges were filed. Buddy was left with permanent scars and he is unable to go outside in the rain or snow without some sort of hat or hood on, as his mutilated ears act like funnels. Fortunately this story has a happy ending, Buddy recovered and Boyd eventually adopted him - their story pasted below can be found at: https://secure.forumcomm.com/?publisher_ID=4&article_id=36789 via the Daily Republic in Mitchell.

The malicious and intentional torture Buddy suffered led us to do further research into his perpetrator. According to public records, Rudy Garcia has a long criminal history, which includes: 

July 29, 2009 - Charged with Inhumane Treatment of Animal (cutting off Buddy’s ears) 

• Plead guilty & was sentenced to 180 days in the local jail, with 90 days suspended.
• Pay a fine of $500 and courts costs of $60.
• Also ordered to pay Kevin Hubbert, DVM $576.68 in restitution for Buddy's vet bills.

March 2, 2011 - Charged with Burglary-3^rd Degree and Simple Assault

• Plead to lesser offence of Entering or Refusing to Leave.

July 6, 2011 - Charged with Domestic Violence Aggravated Assault

• Plead to a lesser offense of Domestic Violence Simple Assault.
• The victim reported to the police that she had a broken eye socket, a broken nose and received 12 stitches to her upper lip.
• The victim and Garcia lived together and had two children together.
• The victim stated she & Garcia had gotten into an argument the night of July 3rd and afterwards, Garcia had transported her to Wagner for medical attention; she then took an ambulance to Avera in Sioux Falls for plastic surgery.

Garcia was charged with animal cruelty in 2009 and domestic violence in 2011 - this demonstrates that animal cruelty is a predictor and indicator of violent crimes and domestic abuse. We will never know if Garcia’s most recent episode of violence in 2011 could have been prevented if he would have received a stiffer penalty and a mental health evaluation & counseling for the 2009 animal cruelty case.

Contact your legislators now because this does happen in South Dakota and we want felony penalties for malicious acts of cruelty to protect our pets and communities in 2013.

It is only weird if it doesn't work - here we go

Today's blog addresses those who find it weird that so-called animal advocates haven't included all animals in a proposed SD felony animal cruelty law.

We're certainly not trying to alienate those who believe South Dakota should create a law like Nebraska, Montana, Missouri, Wyoming and many others to protect all animals. However, we're being realistic because we know the South Dakota Legislature wants to support South Dakota's number one industry, agriculture.

If South Dakota Ag opposition has an issue with laws to protect companion animals just imagine what their reaction would be to a law protecting all animals. While we agree it is weird farmers and ranchers wouldn't be outraged if their livestock was randomly and brutally tortured like rodeo horse Dually in 2009, maybe the value of their animal fits just fine with existing destruction of property laws.

We do know South Dakotans want better animal cruelty laws because the value of our mix breed dogs and cats adopted from the local humane society, or our untrained yearling purchased at auction just aren't covered by existing property laws. We want felony level penalties and consequences for those who commit malicious acts against companion animals... we're talking about the most common victims: dogs, cats and horses and they often don't have a property value of over $1,000.

With all of this in mind, we support the passage of a bill that does not hinder day-to-day operations on South Dakota farms or ranches but protects our pets. A law that is both meaningful to the companion animals we love and palpable to South Dakota Ag opposition. Maybe it is easier just to use the words of Bud Light's popular NFL commercial "it is only weird if it doesn't work - here we go".  Session starts today and we hope this compromise will work - here we go South Dakota.

Who is for animal cruelty in South Dakota; it shouldn't be this political

SDFACT followers keep asking who is for animal cruelty in South Dakota because it shouldn't be this political when forty-eight other states already have laws on the books?

To answer this question we must look at who is outwardly opposing our on-going efforts to create felony penalties for malicious acts of cruelty against companion animals. On January 4th we found the answer in Steve Dick's opinion column in the Mitchell Republic. Dick represents Ag United which according to their website, is sponsored by Midwest Dairy Association, South Dakota Soybean Research & Promotion Council, South Dakota Poultry Industries Association, South Dakota Corn Utilization Council, South Dakota Corn Growers Association, South Dakota Beef Industry Council, South Dakota Soybean Association, South Dakota Farm Bureau, South Dakota Pork Producers Council, South Dakota Cattlemen's Association and South Dakota Dairy Producers.

So it is actually South Dakota big Ag lobby who continue to block efforts to improve animal cruelty laws here. Let's not be surprised if a few individuals or organizations come out against stronger animal cruelty laws, just dig a little deeper and you'll find the link between them and the South Dakota Ag opposition.

The question we cannot answer is why SD Ag opposes felony animal cruelty laws because it will not affect animal agriculture. Maybe big Ag has something to hide? We don't think so because South Dakota family farmers and ranchers take great pride in the care of their livestock and pets.

Maybe Ag lobbyists have convinced our legislators it is a slippery slope - in no time South Dakota will have liberal laws like the state of California? We don't think so because only South Dakotans drive the laws here and we are proud of the fact Ag is our number one industry.

Maybe Ag opposition has scared legislators into believing South Dakota advocates are crazy animal rights activists? We don't think so because we are just normal South Dakotans and this is a grassroots effort to protect companion animals - the animals who most commonly fall victim to these violent crimes.

The truth is we may never really know why South Dakota big Ag continues to oppose felony animal cruelty laws while 48 other states enjoy a viable Ag economy and have felony animal cruelty laws on the books. But now that we know who is for animal cruelty, we'll keep fighting for better laws in our state. We are South Dakota animal advocates with the facts about animal cruelty in South Dakota and the desire to see things change for animals in our state. May the force be with us as session starts on Tuesday and who knows - maybe our legislators will bring Ag opposition and animal advocates to the table and get this done in 2013 because it is what South Dakotans want.

South Dakotans want felony animal cruelty laws

We've learned a lot from prior efforts to pass felony animal cruelty laws in South Dakota. While the support of well-respected national animal welfare organizations is often important, these organizations seem to make South Dakota Ag lobbyists a little uncomfortable. In fact these lobbyists convinced legislators to take time during the eighty-seventh legislative session to pass a resolution expressing their disdain for animal rights groups. We hope this resolution doesn't mean legislators aren't open to talking with their constituents who also happen to be South Dakota animal advocates. We're hoping this resolution was just a show of support for SD's number one industry, agriculture.

But for the record... SDFACT is not an animal rights group. We are not a part of PETA, ALDF, HSUS, ASPCA, American Humane Association, Best Friends or any local animal shelter or rescue organization. SDFACT is a grassroots movement. We're a group of average South Dakotans volunteering our time to gather the facts about South Dakota animal cruelty, urge our legislators to pass felony animal cruelty laws in 2013, and speak up for the animals who have no voice.

Some of us have been citizen lobbyists before and others are new to the South Dakota legislative process. We are animal advocates from across the state of South Dakota who want to protect our pets and communities from violent offenders. It is time South Dakota join the 48 other states in the country with felony penalties for malicious & intentional acts of animal cruelty. South Dakotans want felony animal cruelty laws and it is just that simple.

Rocky's New Year's Resolution: Will You Take Action Today

So you've been following the issue - you know felony animal cruelty laws in South Dakota are important but have you taken action?

Make Rocky's New Year's resolution a reality. South Dakota should be the 49th state in the country with felony level penalties for the most malicious acts of animal cruelty because we want to protect our pets and communities from violent offenders. There is a link between animal cruelty and human violence and recent cases in South Dakota demonstrate the need for such laws, check out this link for the facts.

Rocky's owner and other animal advocates have been asking the South Dakota Legislature to focus on this issue for the past 5 years. We need your help in 2013 to make this a priority for our new legislature.

Take action today, South Dakota's Legislative Session begins soon and we are still working to secure a sponsor for this bill. Dozens of advocates have already contacted their legislators, many are sympathetic to the issue but none have agreed to lead the charge. Perhaps big Ag interests have shared misinformation on the subject or perhaps they just don't think it is important to you, their constituents. Make your voice heard.

Follow these simple steps and take action now:

1. Email us at sdfact@gmail.com to request fact sheets and documents to help you draft a letter to your legislators.
2. Find your legislators by following this link: http://legis.state.sd.us/sessions/2013/MemberMenu.aspx if you don't know who represents you, click on the 'Who are my legislators' link.
3. Use the state's website to email your legislators today. You are their constituents and they want to work on issues important to you like passing felony animal cruelty laws in 2013.

While contacting your legislators may take a few minutes of your time it could prove to be invaluable in our grassroots effort to advocate for animals in South Dakota.  Please share this blog and encourage your friends, family members, neighbors and co-workers to take action.  Don't leave it to others... we've tried for 5 years and it is time everyone take a stand and encourage the South Dakota Legislature to make felony animal cruelty laws a priority in 2013.

Myth: SD Felony Animal Cruelty Laws Will Negatively Affect Hunting & Animal Agriculture

Another common myth promoted by opponents is that 'South Dakota felony animal cruelty laws negatively affect hunting and animal agriculture'. This couldn't be further from the truth.

Case and point... our neighboring states have had these laws on the books for 10 to 20 years and continue to enjoy a viable Ag economy and vibrant tourism/hunting industry.

Montana passed a felony animal cruelty law to protect all animals in 1993.

Iowa passed a felony animal cruelty law in 2000 and exempted animal agriculture and hunting practices.

Minnesota passed a felony animal cruelty law to protect pets or companion animals in 2001.

Nebraska passed a felony animal cruelty law to protect all animals except un-captured wild animals in 2002.

And the only other state in the country without felony animal cruelty laws... the state of North Dakota has a felony animal cruelty bill drafted now to protect dogs, cats and horses in 2013.

A felony animal cruelty law in South Dakota will not affect hunting or animal agriculture. South Dakotans want protection for our pets and communities. Don't let them confuse the truth.