I say “strays” here because many may be owned but their owners let them run loose, they don’t have collars and/or they are not well cared for.
Here’s your word of the day: “Fauna”!
Breed-specific legislation has had a mixed reception where it has been tried; initially it seems like a good idea to control “inherently dangerous” dogs. But what the lawmakers are finding to their later embarrassment is it is not so much the breed of dog that is the problem but who owns the dog and how they train/treat them. Also, how do you define whether something is a “pit bull,” for example? Can have many different meanings – there are actually like three different breeds of pit bull out there: American Pit Bull Terrier, American Staffordshire Terrier, Staffordshire Bull Terrier. The wild-dog hybrids make much more sense as these animals are prohibited or tightly legislated in many jurisdictions. Limiting quantity is particularly problematic in a large area where there is a great deal of roaming animals. If a dog shows up on your front porch begging for food three days in a row, are you now “harboring” it?
Note no relation to Ted Bundy!
Now I understand this is going to be an uncomfortable, upsetting topic for many of you. We don’t know or don’t want to think this exists. I will try to be sensitive to your needs.
Did I say “document”?
To steal the theme from “Crossing Jordan,” it’s “all about the body!”
Animal cruelty presentation for officers
Animal Cruelty and Neglect: Detecting, Investigating and Reporting Suspected Animal Abuse and Understanding its Connection to Other Crimes By Joan M. Bundy , Assistant Prosecutor for the Tohono O’odham Nation
Some initial thoughts <ul><li>“ The entire universe and everything in it, animate and inanimate, is His. Let us not covet anything. Let us treat everything around us reverently, as custodians. We have no charter for dominion. All wealth is commonwealth. Let us enjoy but neither hoard nor kill. The humble frog has as much right to live as we.” </li></ul><ul><li>Ishopanishad , a sacred Hindu text </li></ul>
Some initial thoughts (cont.) <ul><li>“ The civilization of a people is indicated by their treatment of animals.” – Henry Bergh , founder, American Society for the Prevention of Cruelty to Animals </li></ul><ul><li>“ Even a dog distinguishes between being stumbled over and being kicked.” – the late U.S. Supreme Court Justice Oliver Wendell Holmes </li></ul><ul><li>“ All that it takes for evil to succeed is for good men to do nothing.” – Edmund Burke </li></ul>
Why should I care about animal cruelty? <ul><li>After all, when many of the Nation’s people are starving, look at all these pampered pets in the United States: </li></ul><ul><li>Sixty-three percent of all U.S. households (69 million) own at least one pet, including about 73 million dogs and 90 million cats http://webcenters.netscape.compuserve.com/homerealestate/feature.jsp?story=rainingcatsanddogs </li></ul><ul><li>Americans spend about $34.4 billion annually on these pets, according to the American Pet Products Manufacturers Association. That amounts to about $500 per family per year ! http://www.marginalrevolution.com/marginalrevolution/2006/09/what_is_the_con.html </li></ul>
Here’s why you should care: <ul><li>Not all pets have it so good. Even if they’re in a household, they may not be in the best situation. They may be neglected or intentionally abused at the hands of their “masters.” </li></ul><ul><li>Many more are “homeless.” We’ve all seen the many “strays” wandering around the reservation. Many are hideously skinny, have mange, limp, sport fresh battle wounds, etc. The animals often are forced to beg for food, or form packs and maraud for prey, in the process injuring or killing dogs, coyotes, livestock and even people. This obviously is not an ideal situation for anybody! </li></ul>
“ But animal cruelty doesn’t happen here” ( oh really? ) <ul><li>Animal-cruelty anecdotes from TON land: </li></ul><ul><li>Gang-related dog torture, mutilation and killings – KaKa Village, Hickiwan District; juvenile boys – devil worshiping and animal sacrifices </li></ul><ul><li>Two boys stabbed and stomped puppy to death and destroying and damaging shrines and interior of church at Ge Wo’o village; friend who attended an Insane Clown Posse shock-heavy metal concert in Phoenix gave them idea </li></ul><ul><li>Gangbangers tossed around, stomped on and eventually killed rival gangbanger’s sister’s cat in front of her </li></ul><ul><li>Man stomped cat to death in domestic-violence situation </li></ul><ul><li>Man shot two dogs in New Year’s drunken spree, killing one </li></ul>
<ul><li>In reality, it’s everybody’s problem! </li></ul><ul><li>Our ancestors domesticated these animals, and we have a responsibility to carry on their care. </li></ul><ul><li>Sure, we’d like to blame the current owners for ignorance, indifference or callousness. That may be an immediate cause, but that is not the whole story! </li></ul><ul><li>All of us, to one extent or another, are to blame for not properly honoring our fellow creatures and for living in disharmony with nature. </li></ul>So whose problem is it?
So how is the Nation responding to the problem of animal cruelty and neglect? <ul><li>Luckily, it is doing LOTS of things! </li></ul><ul><li>Let’s take a look at some of the relevant laws in place: </li></ul><ul><ul><li>(1) Constitution </li></ul></ul><ul><ul><li>(2) Criminal Code (Cruelty of Animals, Animal Poisoning, Livestock Laws) </li></ul></ul><ul><ul><li>(3) new Animal Control Ordinance </li></ul></ul>
Its Constitution: <ul><li>Article 18, Section 1, “Environmental Policy”: </li></ul><ul><li>“ It shall be the policy of the Tohono O’odham Nation to encourage productive and enjoyable harmony between members of the nation and their environment; to promote efforts which will preserve and protect the natural and cultural environment of the Tohono O’odham Nation, including its lands, air, water, flora and fauna* ; its ecological systems, and natural resources, and its historic and cultural artifacts and archeological sites; and to create and maintain conditions under which members of the nation and nature can exist in productive harmony and fulfill the social, economic, and other requirements of present and future generations of members of the Tohono O’odham Nation.” </li></ul>* Fauna means “animals”
Its Criminal Code: <ul><li>Title 7, Section 3.9, “Cruelty of Animals”: </li></ul><ul><li>“ A person commits the offense of cruelty of animals when he or she, either intentionally , or negligently , mistreats , abandons , neglects , kills or injures any animal without legal justification or authority .” They face up to 60 days in jail and up to $300 in fines. </li></ul><ul><li>Title 7, Section 5.2, “Poisoning Animals”: </li></ul><ul><li>“ A person commits the offense of poisoning animals when he or she willfully administers poison to an animal belonging to another with the intent that the animal take or swallow the poison.” There is an exception for government officials controlling predatory animals. Otherwise, the offender risks the same penalty as above: up to 60 days in jail and up to $300 in fines. </li></ul><ul><li>Title 7, Section 11, “Livestock Offenses”: </li></ul><ul><li>I will not go into this area in-depth because an entire seminar could be devoted just to livestock laws. Also, these laws don’t really address cruelty directly; they are more geared toward proper branding, transporting, selling, etc., with the primary aim of promoting fair trade and discouraging fraud. (A copy is attached if you’d like to learn more.) </li></ul>
Its Animal Control Ordinance: <ul><li>At long last! This has been a project in the making for many years and was drafted in final form by the Domestic Affairs Committee, enacted by Legislative Council, and approved by Chairwoman Jan. 21, 2007. </li></ul><ul><li>Good first effort! Best thing about it: Gives officers “teeth” to cite or arrest someone for allowing their dog(s)/cat(s), etc., to become a nuisance* or otherwise cause harm to others </li></ul>* Don’t forget: Can still cite for “Public Nuisance”, § 3.1 of Criminal Code!
Some key provisions: <ul><li>Tagging - Owner* must have collar w/ ID & tag for rabies vaccination on dog or cat by 4 months </li></ul><ul><li>Pets at large – no pets at large, especially female dogs in heat, and dogs and cats in or near feast houses, dance grounds, public parks, shopping areas, government buildings, schools, businesses, etc. [Best bet: Keep animals confined at all times.] </li></ul><ul><li>Tie-outs – permitted, but only where adequate food, water, shelter and exercise space is provided as well as freedom from entanglement or choking </li></ul>* Owner defined as “any person harboring or keeping an animal other than livestock for more than three consecutive days.”
“ Vicious” and “destructive” animals: <ul><li>Vicious animal: defined as “any animal of the order Carnivora that bites, attempts to bite, endangers or otherwise injures or causes injury to a human being without sufficient provocation, or any animal that, while at large, kills or causes injury to any domesticated animal, including livestock.” </li></ul><ul><li>Should a person keep, control, or harbor any “vicious animal” that has endangered a human: Face jail up to a year and/or $250-$1,000 fine. </li></ul><ul><li>Destructive animal: defined as “any animal that destroys, damages or causes damage to private or public property or injures or kills another animal.” </li></ul><ul><li>Should a person keep a “destructive animal”: Face up to 180 days’ jail, $500 fine and/or restitution. </li></ul>
Biting animals: <ul><li>Dog or cat bites/injures human: quarantined 7+ days* </li></ul><ul><li>Other domestic animal bites human: 14+ days </li></ul><ul><li>Wild animal bites human: may be killed and sent to necropsy lab </li></ul><ul><li>Domestic animal may be killed before quarantine ends if has rabies or owner consents </li></ul><ul><li>Dog harasses other non-human animal: if owner notified dog bit or injured livestock or other domestic or game animal, must keep dog confined; if found loose again, may be killed </li></ul><ul><li>Dog kills other non-human animal: must kill dog within 48 hours – owner, Animal Control Officer or victim </li></ul>* Primarily to test for rabies
Odds and ends: <ul><li>Breed bans: Prohibits purebred or mixed-breed pit bulls or rottweilers and coyote-/wolf-dog hybrids </li></ul><ul><li>Quantity limits: Bars more than two animals per household ( Note: Arizona does not limit quantity except in some private homeowner associations) </li></ul><ul><li>Who is this supposed “Animal Control Officer”? TOPD is working on this, e.g. , looking at other tribes that do have them to see what they do, such as Gila River, Pascua Yaqui </li></ul>
For comparison’s sake: United States Arizona Pima County Feds do not have many animal cruelty laws that apply to pets (just the “Endangered Species Act” and other things that mostly affect wildlife) Primarily §13-2910 (see packet) ; in 1999 Arizona upped the penalty for committing an act of intentional animal cruelty from a Class 1 Misdemeanor to a Class 6 Felony. Chapters 6.02 to 6.06 ( see packet )
Some state animal-cruelty penalties: PENALTIES CIRCUMSTANCES Up to 6 months’ jail and three years’ probation; $200 to $2,500 fine Class 1 misdemeanor Up to one years’ prison or three years’ probation and/or $150,000 fine Class 6 felony (injure or kill animal) 1 to 1.75 to 2.25 years (minimum, presumptive, maximum) Class 6 felony with one prior felony conviction 3 to 3.75 to 4.5 years Class 6 felony with two or more prior felony convictions 1.5 to 2.25 to 3 years Class 6 felony involving intentional or knowing infliction of serious physical injury or discharge, use or threatening exhibition of a deadly weapon or dangerous instrument 3 to 3.75 to 4.5 years Class 6 felony with one prior felony conviction involving intentional or knowing infliction of serious physical injury or discharge, use or threatening exhibition of a deadly weapon or dangerous instrument 4.5 to 5.25 to 6 years Class 6 felony with two or more prior felony convictions, involving intentional or knowing infliction of serious physical injury or discharge, use or threatening exhibition of a deadly weapon or dangerous instrument
<ul><li>“ One of the most dangerous things that can happen to a child is to kill or torture an animal and get away with it.” – Margaret Mead </li></ul>
Examples of animal abusers- turned -human predators NAME ANIMAL ABUSE HUMAN ABUSE Ted Bundy Watched father and grandfather torture animals and later did so himself Believed to have killed more than 40 women Carroll Cole First known act of violence was strangling a puppy Killed 35 people Jeffrey Dahmer Killed cats and dogs then decapitated and hung their heads on stakes in his backyard; killed animals by car Killed 17 men Richard Davis Doused cats with gasoline and set them on fire Kidnapped, sexually assaulted and murdered 12-year-old Polly Klaas in 1993 Albert “the Boston Strangler” DeSalvo Trapped dogs and cats in crates and shot at the animals with arrows; would place a dog and a cat in a crate with a partition between them. After starving the animals for several days, he would remove the partition and watch them kill each other Raped and murdered 13 women Barry Herbeck Sodomized and killed five cats Convicted of child sexual assault Edmund Kempler Tortured dogs and cats Killed eight women, including his own mother Earl Shriner Hanged cats, stuck firecrackers up dogs’ anuses and slaughtered chickens Sentenced to 134 years for sexually mutilating a boy Brenda Spencer Tortured dogs and cats by setting their tails on fire Fired 40 shots into a group of schoolchildren
Is there an animal-human abuse link? <ul><li>Sadly, yes. </li></ul><ul><li>Why? “ Practice, practice, practice!” Helpless animals are where serial rapists/killers often get their start </li></ul><ul><li>The FBI’s “Homicidal Triad” has been established as a reliable key to future dangerousness to humans: </li></ul><ul><li>(1) Animal Abuse </li></ul><ul><li>(2) Firestarting </li></ul><ul><li>(3) Bedwetting </li></ul><ul><li>This does NOT mean that every person who ever harmed an animal will become a serial killer! It just means that those who do harm humans almost always also harmed animals. </li></ul>
Is there an animal-DV link? <ul><li>Again, sadly, yes. Animal abuse is often linked with other kinds of abuse in the home against a variety of victims, including: </li></ul><ul><ul><li>Spouse/common law/romantic partner </li></ul></ul><ul><ul><li>Children </li></ul></ul><ul><ul><li>Mentally/physically handicapped persons </li></ul></ul><ul><ul><li>Elders and dementia sufferers </li></ul></ul><ul><li>It’s all about vulnerable populations being targeted by someone who dominates or takes advantage of someone weaker, be they human or non-human ! </li></ul>
Some stats on the animal-DV link: <ul><li>30% of DV households reported children committing acts of violence against pets, often to imitate violent behavior they’ve witnessed by their father/other men </li></ul><ul><li>71% of battered women have been forced to observe or participate in exacting violence against a pet </li></ul><ul><li>75.5% of the time a batterer commits violence to a pet in front of children in the household </li></ul><ul><li>80% have a batterer who is also violent toward the family pet(s) – part of a ritual of humiliation and terror! </li></ul>
Understanding the roots of domestic violence* <ul><li>World feels out of control , so perpetrator tries to impose control over whatever he can: animate/inanimate , human/non-human </li></ul><ul><li>Perpetrator feels victimized by others with more power , so victimizes others with less power </li></ul><ul><li>Lack of impulse control , so responds quickly to emotion of moment </li></ul><ul><li>Lack of coping skills , thus limited tolerance for frustration </li></ul><ul><li>Unresolved rage builds up and explodes far beyond trigger event </li></ul><ul><li>Problems typically compounded by alcohol or drug abuse </li></ul><ul><li>Often generational problem: using violence as a not-so-constructive way of dealing with anger, frustration, helplessness, etc., and passing on negative coping mechanisms to offspring </li></ul>* Against both human and non-human victims
Bestiality/Zoophilia <ul><li>What is it? Sexual relations between humans and non-humans. </li></ul><ul><li>The myth: </li></ul><ul><li>The problem we want to believe does not exist, or at least not to the extent it does </li></ul><ul><li>Often too painful to confront directly, so we joke about it, e.g., the guy having sex with the donkey/horse/goat because he isn’t “getting enough” at home (ha ha!) </li></ul>
Bestiality/Zoophilia <ul><li>The reality: </li></ul><ul><li>It’s very real and all too prevalent </li></ul><ul><li>Involves any kind of sexual intercourse or contact with animals </li></ul><ul><li>The definition of zoophile: insists that all sexual activity with animals of any species is consensual and natural. </li></ul>
Newsflash: It’s NOT natural! <ul><li>It’s called aberration for a reason: Not only is it not natural and not even technically compatible – many animals have to be euthanized because the pain and injury that result are so great </li></ul><ul><li>Regardless of the perpetrator’s stated beliefs, cross-species sexual conduct by human beings is an indicator of a sexually dysfunctional personality </li></ul><ul><li>Often not so much about sexual pleasure anyway; tied more into notions of control and dominance (think DV) </li></ul>
So how common is bestiality? <ul><li>41% of battered women have abusers who force them to engage in sex acts with non-human animals – many more force them to watch </li></ul><ul><li>Real-world examples: </li></ul><ul><li>83-year-old man forced 8-year-old girl to watch him engage in sexual contact with a dog for 5 to 10 minutes, then he sexually molested the girl </li></ul><ul><li>Three Points man Wayne Allen Dean recently sentenced for animal cruelty that included chopping off his dog’s tail to allow easier entry </li></ul><ul><li>You don’t want to think it happens here, but recent report of someone on the Nation having sex with a dog </li></ul>
Non-human animals: Why they make the perfect victims <ul><li>So frequently and successfully targeted because of their extreme vulnerability , often even more at-risk than kids </li></ul><ul><li>Easily overpowered by human perps: can’t fight back well, especially if relatively small; teeth outmatched by smarts* </li></ul><ul><li>Can’t speak , at least not in human words, and therefore cannot report conduct that occurs, so perpetrator experiences little or no fear of stigma or criminal punishment for socially unacceptable/dangerous behaviors </li></ul><ul><li>Easy accessibility: almost every household has at least one dog or cat and most have multiple pets, so it’s convenient </li></ul><ul><li>Behind closed doors: “A man’s home is his castle,” and society highly values privacy, so abuse tends to go unseen </li></ul>* e.g. , poisoning with drug-laced favorite food
Animal abuse not only cruelty, also can consist of “mere” NEGLECT <ul><li>NEGLECT can mean many things, including failing to provide any or sufficient/acceptable* : </li></ul><ul><ul><li>Water (should be safe to drink and clear of debris) </li></ul></ul><ul><ul><li>Food (healthy, not spoiled) </li></ul></ul><ul><ul><li>Grooming (brushing, removal of mats/burrs/cactus spines from coat) </li></ul></ul><ul><ul><li>Temperature control (cooling, warmth as needed) </li></ul></ul><ul><ul><li>Protection from elements (sun, wind, precipitation, flying dirt and debris, insects, etc.) </li></ul></ul><ul><ul><li>Proper medical care </li></ul></ul>* Recognizing the necessity for somewhat diminished standard of non-human animal care due to generally extremely low standard of human living in tribal areas
Why neglect? <ul><li>Ignorance (need education on proper care or training of a pet) </li></ul><ul><li>Lack of financial resources </li></ul><ul><li>Too busy </li></ul><ul><li>Don’t care </li></ul><ul><li>Not my problem (“It’s my girlfriend’s cat, not mine”) </li></ul>
Sometimes it’s just a matter of education: <ul><li>Uninformed or misguided things often become criminal neglect, such as : </li></ul><ul><li>Home “medical” procedures , like using rubberbands to dock a tail or scissors to clip ears (without anesthesia!) </li></ul><ul><li>The outgrown collar: Collar fit so well when dog was a puppy but now has grown into adult dog’s neck and must be surgically removed (ouch!) </li></ul><ul><li>The dog that the family deemed vicious and tried to kill with morphine-laced pumpkin pie, which failed, so they tied him to a tree and shot at him* </li></ul>* OK, so maybe that last one couldn’t have been prevented by education alone!
Some thoughts about tie-outs as possible neglect: <ul><li>Illegal in Tucson and unincorporated Pima County, but legal on the Tohono O’odham Nation – arguments given about need for guard dog to protect O’odham people and property from UDAs, stray dogs, etc., or animal gets away because can’t afford fence, house not secure due to broken windows, doors, etc. </li></ul><ul><li>Above concerns all valid , but equal concern that animal may be tethered in a location where they cannot: </li></ul><ul><ul><li>access food and water </li></ul></ul><ul><ul><li>get out of the elements </li></ul></ul><ul><ul><li>protect loved ones from intruders, human or non-human </li></ul></ul><ul><ul><li>get away if something or someone threatens them </li></ul></ul><ul><li>Also, they could possibly strangle themselves accidentally if get tangled in leash or other objects* </li></ul>* My childhood dog died this way.
Some thoughts about excessive animals as possible neglect: <ul><li>How many is too many? </li></ul><ul><li>As previously stated, the Nation has decided to limit the number of dogs per household to two. Obviously we must enforce the laws, but undoubtedly neither TOPD nor the Office of the Prosecutor has the time or personnel to go around to each and every residence on a land base the size of Connecticut just to count the number of dogs. </li></ul><ul><li>The practical approach: If a household’s dogs are well cared for, properly confined and don’t cause problems for anyone, it’s never going to become an issue or even come to the attention of the law. </li></ul><ul><li>However, know your personal limits: No matter where one lives, the number of companion animals that are appropriate depends on the ability of the residents to care for the animals (money, time, space, disposition, priorities, etc.); some people can’t handle even one pet! </li></ul>
Collectors/hoarders/disreputable breeders: <ul><li>These people are a whole different breed , so to speak, crossing the line by keeping hundreds of animals they simply cannot care for properly. </li></ul><ul><li>They generally fall into one of three categories: </li></ul><ul><ul><li>Good Samaritans who took in one stray that showed up on the doorstep but then took in many more and failed to get them spayed or neutered in a timely fashion due to lack of money, ignorance and/or physical health problems. </li></ul></ul><ul><ul><li>Puppy millers or backyard breeders only interested in maximizing profits, at the expense of the overcrowded, neglected animals. </li></ul></ul><ul><ul><li>Mentally ill suffering from, e.g. , obsessive-compulsive disorder . </li></ul></ul><ul><li>Numbers can mushroom very quickly: In just six years, one female dog and her offspring can bring into the world 67,000 more dogs. In just seven years, one female cat and her offspring can bring into the world six times that many animals—420,000 cats, to be exact! </li></ul>
Investigating animal-cruelty cases: <ul><li>Need a team approach: EVERYONE must work together, from the patrol officers who arrive on scene to the detectives who do follow-up to the prosecutor preparing the case for trial to the witnesses who testify. </li></ul><ul><li>We must speak for the silent victims: Because the animals can’t talk and therefore can’t self-report their neglect or cruelty or testify, investigations must be impeccable ! </li></ul>
Document, document, document! <ul><li>Preserving the crime scene: </li></ul><ul><li>• Inspect the locale of suspected criminal activity as thoroughly as possible: What do you see? Smell? Hear? </li></ul><ul><li>• Take as many photos of the scene as possible; diagram surroundings with measurements and landmarks </li></ul><ul><li>• Describe the environment as thoroughly as possible in notes, criminal report, affidavit, etc. </li></ul><ul><li>• Look for and retrieve any potentially relevant evidence, such as : </li></ul><ul><li>› fingerprints and footprints </li></ul><ul><li>› hairs ( including those of non-human animal(s)! ) </li></ul><ul><li>› food (especially unusual things like a green-tinged, odd-smelling raw steak, which might indicate intentional poisoning) </li></ul><ul><li>› feces or urine </li></ul><ul><li>› vomitus or blood </li></ul><ul><li>› body tissue </li></ul><ul><li>› weapons , including but not limited to baits, traps, firearms, arrows, bats, knives, chains, ammo, spent bullets/casings, etc. </li></ul>
“ It’s all about the body!”* <ul><li>Preserving the body of a non-human animal victim: </li></ul><ul><li>• If victim is still alive: Seize and take into temporary protective custody, either at a veterinary clinic, animal shelter or foster home </li></ul><ul><li>• If victim is no longer alive: Seize and take to “animal medical examiner”: Arizona Veterinary Diagnostic Laboratory [frontage road at I-10 and Grant; 2831 N. Freeway, Tucson, AZ 85705; (520) 621-2356 (phone); 626-8696 (fax); [email_address] ] – can even drop off in fridge there! </li></ul><ul><li>• Place animal carcass in bag or box: Do not use cover or surround in plastic or blankets </li></ul><ul><li>• If carcass found within 4 days of incident, refrigerate </li></ul><ul><li>• If no refrigerator or freezer available, wet the carcass with water and use ice to chill (dry ice OK too) </li></ul><ul><li>• Try to keep carcass at a steady temperature once chilled </li></ul><ul><li>• Trivia for all you CSI buffs: when it comes to non-humans, it’s called necropsy rather than autopsy! </li></ul>* Stealing the theme from the TV show “Crossing Jordan”
Determine motive: <ul><li>Why was it done? </li></ul><ul><li>• heat of the moment passion </li></ul><ul><li>• anger or domestic violence issues having nothing to do with animal </li></ul><ul><li>• discipline </li></ul><ul><li>• training </li></ul><ul><li>• revenge </li></ul>
Do the follow-up: <ul><li>• Order 911 tape </li></ul><ul><li>• Conduct follow-up interviews with owner and all witnesses, preferably on videotape </li></ul><ul><li>• Work with human victims: stay in touch with human survivors/animal-victim owners and offer support, referring to victim/witness program as needed; this is important because they may recant or otherwise become uncooperative, especially in domestic violence-related situations! </li></ul>