Tuesday, March 31, 2009

Animal Abusers Now Want To Abuse The Law

At least two of the three thugs that chased down and tortured and killed some deer in Waupaca County are now trying for a weak defensive ploy:

Rory Kuenzi, 24, and Robby Kuenzi, 23, both of Weyauwega, are both charged with multiple counts of mistreatment of animals as a result of a Jan. 9 incident in the Town of Lind in which they and a third man are accused of killing a group of deer with their snowmobiles.

Their attorneys filed dismissal motions Monday claiming the state statute, which reads "no person may treat any animal, whether belonging to the person or another, in a cruel manner," requires ownership of the animals.

"In this case, the animals in question were non-domesticated deer; in short, they were wild animals," the motion states.

Now, I am not a lawyer, and I don't play one on TV or in the blogs, so I hope that my friend Illy-T will forgive me for trying my hand at it now.

The defense's basic premise is that because no single person could lay claim to them and/or provide registration of ownership, they did not belong to anyone. That is false.

Based on Wisconsin State Statute 29.03, the deer, like any other animal, bird or fish in the State of Wisconsin is considered to be a natural resource of the state. Thus the deer, even though undomesticated, were the property of the state, or more accurately the people of the State of Wisconsin.

These poor animals that suffered needlessly belonged to you, to me and to anyone else that lives or visits the state. So not only should these cretins deserve to be charged with animal cruelty, they should also be charged with hunting violations and theft of State property.

And judging from my wife's reaction when she heard the story on the news tonight, and the way she feels about deer, they better be glad that all they are facing is jail time. (And trust me, she is not the type of woman that normally uses that kind of language.)

2 comments:

  1. Yeah yeah but they are under the conservatorship of the state so they are the states responsibility. The state regulates The Hunt and the state handles issues with deer as it effects the public health such as Chronic Wasting disease and Lyme disease. The issue that you brought up from the statutes comes up too and plays toward the conservatorship. There is an affirmative defense here but who knows what the judge and prosecutor will say. This could endanger The Hunt if ruled on in the wrong way. The folks up north probably do not want that.

    Some would say that all you need to do is find out who these clowns are and then During The Hunt go up and .... you know. Its the sacred way of the North Land an eye for and eye and a hoof for a hoof.

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  2. Any animal means any animal.

    [/strict constructionist]

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