Jury: Stray cat slaughter merits only a misdemeanor

November 7, 1997
Web posted at: 7:55 p.m. EST (0055 GMT)

BLOOMFIELD, Iowa (AP) -- Jurors didn't think stray cats are worth much, ruling out felony convictions for two teen-agers who slipped into an animal shelter late at night and beat 16 cats to death with baseball bats.

The 18-year-olds were found guilty of two misdemeanor charges of offenses against an animal shelter and a misdemeanor charge of criminal trespassing.

The Davis County jury deliberated about 2 1/2 hours before returning the verdicts against Chad Lamansky and Daniel Myers, who also injured seven cats in the March 8 attack.

The jury found that the value of the dead cats did not exceed $500 -- that would be $31.25 each for the 16 cats -- thus ruling out felony charges that would have carried up to 10 years in prison and a $15,000 fine. Instead, each man now faces up to five years in prison and $750 in fines.

"I'm very disappointed," said David Sykes, owner and founder of the shelter, Noah's Ark. " ...I'm shocked and disappointed in the jury's determination."

"For a jury to see the magnitude of injuries and death and destruction, and to say these cats are not worth $500, it's hard to swallow," he said.

Sykes will be able to file a victim impact statement to be considered at the December 12 sentencing, Jefferson County Attorney John Morrissey said.

The two defendants did not show any emotion as the verdict was read.

Defense attorneys had admitted in opening statements that Myers and Lamansky slipped into the animal sanctuary in Fairfield late at night, killing the cats with baseball bats. One defense attorney called it "a stupid teen-age mistake." A third teen, Justin Toben, agreed to testify against his buddies in exchange for the dismissal of some charges. He was sentenced to three years' probation and 200 hours of community service, and must pay restitution.

In his closing argument Thursday, Morrissey told the jury that the state proved that the value of the cats had more than met the $500 threshold needed for a felony charge.

He cited initial health tests, neutering or spaying, transportation costs to acquire animals, a $50 required donation for pet adoptions, as well as thousands of dollars in medical costs required to treat the cats after the attack.

But defense attorney Kirk Daily, representing Lamansky, said people brought stray cats to the shelter and thus Noah's Ark got them for free.

He also said that there was no market for adult stray cats and that jurors should not consider testimony from a Fairfield pet store employee who said her store charged $30 for kittens.

"It's not the same. It's apples and oranges," he said. "People don't want adult stray cats." During questioning of prospective jurors, the defense noted that state law provides for no monetary damages for someone's emotional ties to an animal. Prospective jurors with mixed-breed cats, asked how much their cats cost, reported getting the cats for free.

The killings sparked outrage in Fairfield, a southeastern Iowa community of 10,000 people, and the case was moved here because of pretrial publicity.

Copyright 1997   The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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