Wellington man who killed toy poodle convicted

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The man was denied a discharge without conviction in Hutt Valley District Court today. Picture/file

A man who killed his partner’s miniature poodle by banging its head on the ground says the traumatic death was an ‘accident’.

The attack left the little dog with fractured skulls, spinal injuries and fractured ribs and would have caused “serious and acute pain and distress” before he died, Judge Arthur Tompkins said.

Simeon Jackson appeared in Hutt Valley District Court today in an attempt to avoid conviction for the December 2020 murder.

But Judge Tompkins denied his request for release without conviction, instead sentencing him to community custody.

It’s unclear exactly what happened to the dog due to the different stories Jackson told about what happened, the judge said.

According to the first account, Jackson was home alone with his partner’s dog and decided to put the animal in the bathroom while he went out for a smoke, as he had a habit of trying to get away. escape from the house.

When he went to see the dog, she was hiding behind the toilet and had knocked over the toilet brush, spilling liquid on herself and on the floor, the judge said.

After cleaning up the mess, Jackson said he noticed the dog heading for the open door, so he kicked it shut to prevent her from escaping.

The door was connected to the dog’s head, and Jackson, who said he also believed the dog may have dislocated its hind leg and didn’t know where the nearest vet was, decided to end it. her suffering by wrapping her in a towel and beating her in it. head twice.

But four days later, Jackson gave another version of events, saying he was annoyed with the dog and so threw her in the bathroom.

He “didn’t see how she landed but attributed his rib and hip injuries to it,” Judge Tompkins said.

He then reverted to the previous version of finding the dog hiding behind the toilet, saying he wanted to punish her, so wrapped her in the towel and banged her head on the floor twice.

Jackson said he “probably made it a little rough” and that he “underestimated his strength and small size,” Judge said.

Jackson told investigators “I had no intention of killing her, just teach her not to bite.”

A necropsy was carried out after the incident and the dog was found to have suffered injuries consistent with “severe ante-mortem trauma” and consistent with compression injuries and significant blunt trauma.

The dog would have died shortly afterwards, but not immediately, and would have felt severe pain between the attack and its death.

Jackson’s attorney, Letitia Smith, said her actions were “impulsive and reckless” and “it was an accident.”

“In his words, he ‘hit him on the head multiple times’. The dog died because of it,” she said.

“He had poor judgment, he acted impulsively, and that was it.”

She said Jackson, who has traits of antisocial personality disorder, was “very sorry” for what he had done.

He wanted to own his own business and a conviction would create a barrier to achieving his goals, she said.

SPCA prosecutor Anna Barham said the seriousness of the offense was “very high”.

“It was an act of violence against a very small dog and the dog died as a result,” she said.

She opposed the request for release without conviction, saying the consequences of sentencing would be minimal and “somewhat speculative”.

Judge Tompkins instead sentenced Jackson to six months in community custody, banned him from owning an animal for five years and ordered him to pay $273 in compensation for veterinary bills.

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