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LIFE

Sen. Vaughan wants to outlaw pet neglect

Monday, January 31, 2011
(Updated Tuesday, February 1 - 5:28 am)

RALEIGH — Chamberlin may pick up where Susie left off as the poster dog for tightening the state’s animal cruelty laws.

Sen. Don Vaughan, a Greensboro Democrat, filed what he has dubbed Chamberlin’s Law on the opening day of the General Assembly session.

The bill would allow prosecutors to bring charges against pet owners who “recklessly” neglect their pets, rather than having to prove that perpetrators have acted “maliciously” or “intentionally.”

The bill’s prospects are uncertain. Republicans control both the House and Senate and have set an agenda heavy on dealing with the state’s budget crises and issues they see as long-neglected. This issue is not on that list.

Sen. Austin Allran, a Hickory Republican who chairs the Judiciary Committee to which the measure has been assigned, said the bill will at least get a hearing, but he was circumspect about its chances beyond that.

“Animal bills tend to be extremely controversial,” Allran said. In the past, hunting and dog breeding groups have fought related measures.

However, Chamberlin’s increasingly high profile may give the bill a boost.

Susie was beaten and lit on fire, but the judge in the case could not sentence the perpetrator to jail time because it was his first offense. Public outcry led to Susie’s Law, which increased the penalties for animal cruelty and gave judges discretion to sentence even first-time offenders to active jail time in certain cases.

Chamberlin was neglected, left in a backyard among tall weeds along with another dog, who had been tethered and was so sickly it had to be euthanized. His case is still pending in Guilford County court, but under current laws, prosecutors will have to prove the dog’s owners intentionally or maliciously let him waste away, which is a very high standard.

Chamberlin’s law would switch that standard to “recklessly,” which is easier to prove, said Seth Banks, a prosecutor in the Guilford County District Attorney’s Office.

In addition to making cruelty cases easier to prosecute, the bill also would set minimum standards for shelter that dogs must have if they are kept outside. And the bill would give judges the ability to take away somebody’s animal or order a psychiatric evaluation.

“His (Chamberlin’s) front legs had fused together,” said Marsha Williams, executive director of the Guilford County Animal Shelter. Emaciated and unable to walk, Chamberlin arrived at the shelter in December. Despite his hardships, Williams said, the black-and-white pit bull mix was still wagging his tail.

In the next week or two, Chamberlin will be fitted with a wheelchair to support the weight his front paws should. He will have training wheels on the back for a while as he continues physical therapy, Williams said.

The dog’s care was paid for with donations, some of which came from a fund established in Susie’s name.

“We see this type of abuse and neglect a lot,” Williams said, although Chamberlin’s case is extreme.

“They’re living things,” Vaughan said of dogs. “And they’re different from having a desk or a chair. They’re actually living beings in God’s world, and we ought to take care of them at least to a minimum standard.”

Contact Mark Binker at (919) 832-5549 or mark.binker@news-record.com
 

Accompanying Photos

Nelson Kepley

Photo Caption: Chamberlin, a black pit bull mix that was found severely malnourished and near death in the backyard of a High Point home, is able to move around with the assistance of a wheelchair-type device because he no longer has use of his front legs.

Comments

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Norm*

January 31, 2011 - 6:59 am EST

I think what we're up against is the usual combination of ignorance and poverty. The casual care of a dog nowadays costs more than people anticipate. http://www.peteducation.com/article.cfm?c=2+1671&aid=1543 Then there is the time involved each day. Dog ownership is not casual in any way. I know people think of having a dog as cheap security, but there is nothing cheap about having one. Supporting this kind of law is easy, creating the change in human behavior is not.

Panacea

January 31, 2011 - 8:00 am EST

Perhaps a law like this will make it easier to take animals away from neglectful owners.

If you can't afford a pet, don't get one.

Susan10

February 1, 2011 - 9:54 am EST

Guilford County commissioners just passed the most strict (and absurd) animal regulations in the state. How much more regulation is needed? Common sense cannot be legislated.

Waldo Leidecker

January 31, 2011 - 7:12 am EST

“Animal bills tend to be extremely controversial,” Allran said. In the past, hunting and dog breeding groups have fought related measures.

"Extermely controversial?" Gimme a break! And to the Republicans I can only say HOW ABOUT DOING THE RIGHT THING, INSTEAD OF THE POLITICALLY EXPEDIENT THING??? The law is NOT blind and is intended only to help abused and neglected animials - those who oppose it should be ashamed of themselves and need to spend some time on calls with the people who investigate these abuse/neglect complaints. Maybe THAT will convince them that something needs to be done to prosecute these people to the fullest extent of the law.

2dobermans

February 1, 2011 - 7:46 am EST

VERY well said! =)

newnormal

January 31, 2011 - 7:47 am EST

Well thank goodness that the Don and the Democrats have their priorities in order.

retiree

January 31, 2011 - 8:00 am EST

Exactly. While I applaud Mr. Vaughan's efforts to punish those who perpetuate animal neglect, where is his effort to push for jobs, jobs, jobs? Maybe his next bill will be to recognize someone with a proclamation.

And as to Waldo's comments, try looking for the best in people without casting labels.

Panacea

January 31, 2011 - 8:02 am EST

I don't know what Mr. Vaughn is doing about jobs at the moment.

That doesn't mean he shouldn't push for other priorities. There is more going on in the world than the jobs issue.

rooster8786

January 31, 2011 - 8:42 am EST

The economy, the budget crisis, the impending bankruptcy of the state, crime, the budget crisis, taxes, the budget crisis, the impending bankruptcy of the state, animal abuse. While this is admirable of the esteemed Don Vaughn, he needs to pay more attention to HIS constituency, and their needs, before passing another feel good law. How about enforcing the cruelty laws already on the books and work on more pressing issues.

Norm*

January 31, 2011 - 8:58 am EST

You forgot to mention the corporate greed problem.

tiggerhare

January 31, 2011 - 10:58 am EST

Feel Good Law? It is a much needed law. Had you been tethered to a tree without food and water for 3 months, would you still feel this way? I guess not, cause you would be 6 feet under. Any republicans or democrats that do nothing to further this bill will not be getting my vote. It's time we humans stop thinking we are the most inportants things in the world.

BYTHEBOOK

January 31, 2011 - 12:21 pm EST

Sen Don Vaughan is a hero in my book! One of the best things to come out of N.C. after the scandalousness of Sen. Black AND the beating our state reputation took from the world for being the "home" of Sen. Jesse Helms! Wheww! What a legacy that was! Thought we'd never recover!

Panacea

January 31, 2011 - 4:52 pm EST

It's one thing to object to a law on the basis it is not needed, or poorly thought out.

But retiree's pov is the General Assembly should focus on one thing and one thing only. While that is high on the priority list, it doesn't mean other issues can't or shouldn't be discussed, which is my point.

I see nothing in Vaughn's efforts that ignores the needs of his constituency. Poorly cared for animals because public nuisances.

Unaffiliated

January 31, 2011 - 9:22 am EST

His campaign Billboards? Did folks really believe this when they voted for him?

Mark

January 31, 2011 - 8:01 pm EST

Yes,apparently the majority of the voters in his district did believe that he cared about "jobs, jobs, jobs". Unfortunately, Vaughan was not speaking of jobs in the dreaded private sector, he was talking about more government "jobs, jobs, jobs".

I hope that the GOP sees fit to redraw his district so that a Republican actually has a fighting chance to take that seat. Poiticians of his ilk are the reason that this state is $3.7 billion dollars in the red.

sydneytoy

January 31, 2011 - 8:48 am EST

Some people can multi-task. It's how we get things done.

Unaffiliated

January 31, 2011 - 8:54 am EST

Multitasking is Don's history. Completing tasks & "I'll get back with you" his motto. Truth is he never does!

JoeScott

January 31, 2011 - 10:51 am EST

Sen. Vaughan actually filed four bills this week. But because stories about dogs attract many responses in the comments section (which also indicate that a lot of people actually read the story as well), this is the one that gets the most play. This is not a result of Vaughan's priorities so much as the media's.

RandolphBloke

January 31, 2011 - 2:35 pm EST

newnormal:

I can't agree with you more! I mean who needs multitasking these days. I know when I do something I neglect everything else of importance that needs to be done.

Seriously, lighten up a bit. I think if you believe this is all that someone is working on or prioritizing you truly have issues beyond the scope of this forum to explain.

knowit

January 31, 2011 - 8:59 am EST

I don't really think any law will help in these cases until law enforcement officers are told to actually do their jobs and "enforce"! In the last couple of weeks Surry Co. Sheriffs department received many phone calls about a report of abuse. An officer went to the home and left because the owner said the dogs were being treated for worms. The dogs were in fact being starved, had inadequate housing, and 1 had frostbite on it's feet. Again, the phone calls started and animal advocates got the owner to surrender the animals, thankfully! So, if officers are not going to enforce the law, what's the real difference? Ok, law enforcement, you have been put on notice to do the jobs you were hired to do. Just because it's an animal and may not be important to you, "It's the law!"

outspoken

January 31, 2011 - 8:18 pm EST

I regret your level of service has left you wanting. I suggest you get up, go through the training required, pass the background and psychological tests and get hired. You may be able to suggest how Officers may cope with the large calls for service with the budge cuts, increased demand for services and dwindling resources. Or you may learn the reality of what it is like to take on a dangerous, thankless job where anyone with a keyboard can take a swipe at you. Thank you to the men and women of Law Enforcement that serve our community. Not everyone has such a narrow minded opinion of the work you do!

getapet

January 31, 2011 - 9:05 am EST

While I understand the comments about the budget of NC, I too see this as a law that could help taxpayers. Think of how much it cost to house animals at shelters and to run those shelters, this law would be progressive in at least getting those animal owners in front of a judge and getting a charge that will stick. The problem with the law as it does stand is that it is vague in proving the intent. If this were to pass it could cover the cases that are not so cut and dry. A lot of these cases are due to the neglect of the owners not caring for the animals, neglect can be a lot of things. Not providing medical care for a dog with an embedded collar is one of those, as is starvation. The problem comes when you have to prove "beyond reasonable doubt" that the owner intentionally starved their dog.

Interested

January 31, 2011 - 9:44 am EST

Not to say that this law shouldn't be passed, but to say that this law should be passed because it will save taxpayers money is like piling on the kitchen sink as far as reasons to do so go.

If an animal suffers because an owner is bent on cruelty, a new law on the books will not change that owner's predisposition. There are laws on the books about rape, assault, murders - they don't prevent those crimes; they merely give society a way to punish the offenders. Animals injured/maimed by cruel owners will still need to be housed, they will still need medical care.

If an animal suffers because an owner does not have the financial means and neglects an animal, is this law going to provide them with additional financial means? Is it going to provide foresight to potential owners about the real costs of pet ownership? My guess is these owners will just be more likely to drop a neglected animal off in the middle of nowhere, abandoning it to the elements. Again, the animal will still need housing and care, assuming it is found before it dies.

The last point I would make centers on the issue of "intentional starvation." Many families have suffered financially for a number of years now. When given a choice between feeding themselves (or their children) and feeding their pets, obviously many are choosing to feed themselves. Given a choice between seeking medical attention or putting a roof overhead and caring for pets, many are choosing to neglect their pets. I am not saying the choice is right or wrong, merely than in tough economic times choices become difficult. Passing this legislation will not change the circumstances that made such decisions necessary. But focusing on job creation can, which is why so many posters suggest that this is where Mr. Vaughn should focus his efforts.

Susan10

February 1, 2011 - 9:58 am EST

An intelligent and well thought out response. Thank you.

BYTHEBOOK

January 31, 2011 - 12:26 pm EST

You're right on target about that! Many A/C officers are about as dumb as they come. That's because they have no "standard". Somebody needs to make them get some kind of education in animal issues & get certified before they get hired. Also, if that were to happen it would knock that menial job up a notch...They have smarter people and they could pay them more. Actually A/C needs fewer people........just smarter ones...who WANT to learn & work.

Yvonne1

January 31, 2011 - 9:49 am EST

Educate petowners. Petownership is a privilige not a right. Some dogs & cats are left outdoors 24/7 --- that shortens a pet's life. While other pets are treated better than others treat their children. We have extremes on both sides of care & feeding of pets. Pets require innoculations, annual check ups, special food (not table scraps), training, cleaning/cleaning up after, walking, walking, walking, etc. I live in a pet-friendly-neighborhood. Our pets are our children. However, as I walk my pet on leash, I see forlorn-looking-pets who are left alone all day to watch from their windows. In the evening when their owners return home, pets are shuffled out the door for bathroom breaks, owner may or may not pick up after pet, then quickly returned home. Dogs need to be walked, they need exercise. That's why I have a pet. I need exercise too, otherwise, I would sit dormit. Some pet owners really get it; I wish more did.

thirstytarheel

January 31, 2011 - 10:01 am EST

I agree with Yvonne1 100%!

GsoFan

January 31, 2011 - 9:49 am EST

The N&R has elevated this story. Vaughan filed other bills along with this one, but this is a human interest story and it's the one the N&R and other news outlets have chosen to focus on. Given the passion behind this issue I think he has listened to his constituents. The Republicans should pass it and it would be a non-issue. The Republicans are also pushing bills that are not budget/JOBS related such as: voter cards and a marriage amendment (which would duplicate an already existing law). I think both parties will concentrate on JOBS. The legislature hasn't even been in session for 48 hours. I don't understand how people can judge a person on his election promises in such a short time frame. My guess is no matter what Vaughan does it will never be good enough for some people. I think I'll take a "wait and see" approach.

Grayson

January 31, 2011 - 12:17 pm EST

People seem to be overlooking an important point which Vaughn has mentioned in the past. People who abuse pets are much more likely to abuse people. Strengthening animal cruelty laws gives law enforcement another "tool in their toolbox" to help protect families and identify potential psychopaths.

From the FBI

*
Pet abuse was identified as one of the four predictors for intimate partner violence in a recent study conducted by a nationally-recognized team of domestic violence researchers;
*
Multiple studies found that from 48.8 percent to 71 percent of battered women reported that their pets had been threatened, harmed, and or killed by their partners;
*
Among children, pet abuse is an early indicator of anti-social behavior. All the experts agree that early identification and intervention is the key to helping children at risk;
*
Department of Justice longitudinal studies found that pet abuse in childhood is associated with persistence in anti-social behavior;
*
Adults who engage in animal cruelty are more likely to participate in other criminal activities, including violence against people, drug and substance abuse, and property offenses;
*
During the 1980s, in developing profiles of serial killers, the FBI’s Behavioral Crime Unit discovered that all serial killers had engaged in repeated acts of animal cruelty;
*
Animal fighting, often an economic-driven form of animal cruelty, is associated with gambling, selling and possession of drugs, illegal firearms, gang activity, and other violent behavior;

Interested

January 31, 2011 - 4:25 pm EST

The facts you refer to may all be valid. But this new bill is not meant to address malicious abuse but rather neglect. I would imagine most, if not all, of the situations you mention would be considered malicious abuse and, as such, be covered under previously passed legislation.

I would again suggest that many cases of neglect are due to financial hardship. As a result, neglect cases increase in tough economic times. Criminalizing neglect will probably have little impact on the number of occurrences. It will most likely result in animals being dumped somewhere.

Education of the financial realities of pet ownership certainly can't hurt. But let's be honest: people want what they want. They want shiny, new cars. They want big houses with granite countertops. They want new clothes and long vacations. They don't always take into account the insurance costs of that expensive car, the increased taxes and maintenance costs of that larger house, or the interest on the credit card used to pay for the clothes and trips. So when the economy goes south, we see an increased number of car repossessions, an increase in the number of home foreclosures, an increase in the number of bankruptcy declarations. Was an increase in the number of animal neglect cases really that unpredictable?

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