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(Rochester Democrat and Chronicle)   Iowa court: Killing dog with bat not torture. It is a helluva way to deal with the bat problem though   (democratandchronicle.com) divider line 78
    More: Sick, Courts of Iowa, Iowa, torture, trier of fact, Scott County, Chief Judge, Polk County, Minnesota, Iowa Supreme Court  
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3846 clicks; posted to Main » on 11 Jul 2013 at 9:21 AM (1 year ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2013-07-11 12:16:03 PM  
I know just what to do with that guy!

/Prefer a crowbar to a bat though
 
2013-07-11 12:16:55 PM  

nitefallz: But it's wrong to hit a baby with a bat for doing the same thing but ok to hit a dog?  Why? And the "because it's a human" reason is total horseshiat.


The boy who beats his dog grows up to be the man who beats his son.
 
2013-07-11 12:32:00 PM  

nickerj1: If he had hanged the dog, would it have been better? What about cutting its throat? Guillotine? Cattle nail gun? Regular gun? Poison?


People react to visualizations of violence.

if he choked the dog to death, most people would find that disturbing.  The imagery is terrible... being throttled to death.  It's vicious and brutal.

Beating the thing to death by a solid iron club to the head would be instant and fatal, but the image of brains being splattered in a violent attack terrifies people.  Because of this, they will cry about how inhumane this is.  Choking would be better, but still wrong.

Gassing it to death seems humane.  Slow, quiet.  Never mind that the gas may burn, or cause strange reactions.  Never mind that the dog feels like it's slowly suffocating, it can feel itself being smothered, and the idea that you just "get tired and go to sleep" is a fantasy.  You feel like you're choking.  This is terrifying.  The dog is dying slowly and it knows it, it's horrified.  But this is okay, it's humane.

This is the same reason we don't execute people with a bullet to the head.  Think about lethal injection:

* Walk you in.  You know you're going to die.
* Strap you down.  You can't escape.
* Here come the doctors.  They're going to kill you.  Their every motion brings your death nearer.
* The needle goes in.  Maybe you're afraid of needles.  This is going to kill you, by the way.
* You know the drug is coming next.  This will be your death.  You are strapped to a table, they are going to inject you with poison, and you will die.  You can see and hear them preparing your end.
* The drug starts coming.  You can feel it starting to drain the life from your body.  You are dying.  In 10-15 seconds you will be gone.
* You finally pass out.  Peace comes before death.
* In a few minutes, you are gone.

Now how about death by bullet to the head:

* Walk you in.  You are going to die here.
* Raise gun.  You will die soon.  You're staring down an instrument of death.  Terrifying, but all is at a standstill; you are not progressing toward death.
* It's over before you know they pulled the trigger.

Now how about electric chair?

* Walk you in.  You are going to die here.
* Strap you down.  You can't escape.
* They move to the panel.  That switch is your death.
* SCREAM MOTHERFARKER!
* Life is pain.
* Death comes.

Marginally better than lethal injection.
 
2013-07-11 12:43:21 PM  
I'm a tiny 100lb woman and I'm pretty sure that if I saw a man clubbing his dog I would have gone completely batshiat-no-mercy on him.

If you don't want to kill your dog, you really do not have to. There's breed-specific rescue groups who help foster and rehabilitate dogs with problems. There are dog behavior specialists. If really desperate, speak to your vet as they usually will help in some way.

Sorry, that dog did not deserve that.
 
2013-07-11 12:47:34 PM  
Oh, yes, a puppy bites a kid who was probably being a dumbass around it because dad can't be bothered to train the dog, and the dog deserves it.

Anyone here who is ok with dog killing because you are annoyed at it for being an animal should never own one. Hell, you shouldn't have kids either.

Disgusting. How a nation treats its animals is how they treat each other.
 
2013-07-11 12:52:29 PM  
What the fark is WRONG with you sadistic mofos in this thread??? Jesus, the anonymous-kill-sucking assholism in this place is farking disgusting. Yeah, yeah, "welcome to fark", ha ha, we are bloated death-suckers, get used to it". Take your blood lust to Reddit or something. FOCK.
 
2013-07-11 12:55:21 PM  

nickerj1: I think it was the correct decision.  Even if someone did stand next to him and witness the entire thing go down.  If his intent had not been to kill the dog, then it might have been torture.  But here it seems his intent was to quickly kill the animal, in which case everything he did appears fine.  I suppose you could put in a clause that says something like "the best-reasonable means for killing an animal must be used to effectuate its death" but then you're going to get a lot of subjective humane vs non-humane, or "what the fark is 'best'?" going on.   Not to mention if you require the best-available means is something like lethal injection, then an issue arises as to how poor people will afford it.

If he had hanged the dog, would it have been better?  What about cutting its throat?  Guillotine?  Cattle nail gun?  Regular gun?  Poison?


Not today, farkstick. Eat shiat you farking loser. Really. Go die.
 
2013-07-11 01:02:42 PM  

MintyBurns: I'm a tiny 100lb woman and I'm pretty sure that if I saw a man clubbing his dog I would have gone completely batshiat-no-mercy on him.

If you don't want to kill your dog, you really do not have to. There's breed-specific rescue groups who help foster and rehabilitate dogs with problems. There are dog behavior specialists. If really desperate, speak to your vet as they usually will help in some way.

Sorry, that dog did not deserve that.


It was just a PUPPY.  Obviously nobody took time to work with it or nurture it.  I've had lots of pets and I've never had problems with any of them, even when they came from the regular old dogpound because I took the time to do it right.
 
2013-07-11 01:11:35 PM  
A bunch of scumbags, the perp and the judges.
 
kab
2013-07-11 01:14:46 PM  
Is bashing Meerdink's skull in with a bat torture?

It'd be simply terrible if something like that happened to him.
 
2013-07-11 01:47:28 PM  
I'm going to disagree with the judge on this one.  IMHO, killing for any reason but self-defense/defending someone else (something is currently trying to kill you/somebody else), survival (food) or mercy (something is already fatally wounded and suffering) is inherently sadistic.

/no things with more than 4 legs don't count
 
2013-07-11 01:54:10 PM  
the ruling is accurate; the prosecution failed to satisfy its burden of proving an essential element of the offense.

the criminal statute requires that the prosecution prove that the defendant acted with a "depraved or sadistic intent to cause death"

FTA:

"Here, the state proved Meerdink killed the dog; however, no one saw Meerdink kill the dog, and no testimony or exhibits and no reasonable inferences or presumptions from the testimony and exhibits sufficiently prove Meerdink acted with a depraved intent to cause death."

since no evidence was given to support the allegation that the act was conducted with a depraved or sadistic intent to cause death, the prosecution failed to prove that element of the offense.

this case boils down to an issue of basic criminal law.  you must prove all the essential elements of the crime in order to find someone guilty.  here, the prosecution did not make any showing for an essential element of the crime.  therefore, the prosecution failed to meet its burden.  it's not the court's duty to do the prosecution's job. plus, the court couldn't if it wanted to; there was no evidence to show intent.

while it may be argued that this sucks.  too bad.  write your congressmen for writing a law that is too strict to easily convict people for animal torture.  where the language of the law is clear, a judge should not avoid the written letter of the people's will because it's hard for a prosecutor to prove.

there was an animal killing, and probably would have been animal abuse, had the state pushed for that offense, but the state went for the big felony conviction, animal torture, and failed to bring the proof.

just another example of a lazy prosecutor blaming the judiciary for his failure.  and, instead of doing anything about it, just going to the media to cry about the loss.*

* though, this might actually be an instance of going to the media to encourage people to write their congressmen to change the law masquerading as an instance of going to the media to cry about it.
 
2013-07-11 01:58:09 PM  

kab: Is bashing Meerdink's skull in with a bat torture?

It'd be simply terrible if something like that happened to him.


it would probably not be torture.

it would be battery, perhaps aggravated battery (or battery with a deadly weapon, or whatever iowa calls it)... maybe attempted murder.  torture has its own specific elements of offense.  you would need to prove those elements as well, if you wanted to convict for criminal torture (if such a criminal statute exists in iowa).  without more facts, striking someone in the head with a bat would not meet the required elements for a torture conviction.
 
2013-07-11 02:58:38 PM  

nitefallz: But it's wrong to hit a baby with a bat for doing the same thing but ok to hit a dog?  Why? And the "because it's a human" reason is total horseshiat.


THIS
 
2013-07-11 03:01:43 PM  

Cold_Sassy: MintyBurns: I'm a tiny 100lb woman and I'm pretty sure that if I saw a man clubbing his dog I would have gone completely batshiat-no-mercy on him.

If you don't want to kill your dog, you really do not have to. There's breed-specific rescue groups who help foster and rehabilitate dogs with problems. There are dog behavior specialists. If really desperate, speak to your vet as they usually will help in some way.

Sorry, that dog did not deserve that.

It was just a PUPPY.  Obviously nobody took time to work with it or nurture it.  I've had lots of pets and I've never had problems with any of them, even when they came from the regular old dogpound because I took the time to do it right.


I have a 1 year old Frenchie with behavioral issues, so I understand "trying your best" and "doing everything right" like early training/socialization and still having a dog who might bite a kid. In our case, our vet has us keep a "rage journal" so we can figure out his triggers and we're reinforcing training where if he is unsure what to do in a social situation, he turns to us to lead. It's going better, but some breeds (like bulldogs) are REALLY stubborn. We just adore the little fella and would never give him up for love or money.

Our dog trainer adopts ultra-aggressive dogs (like former fight dogs) and is pretty successful with that. There are people who will adopt a dog knowing they have behavioral issues or need a childless home. Anyone who kills their dog with a bat over it is worth less than my dog's poop-vomit.

Tiny rant: But I hate how some idiot parents just let their SCREAMING toddlers run towards my dog because he looks like a cute little pig or Disney's Stitch. I sternly tell them "My dog is iffy. Your children really shouldn't approach dogs they do not know."
 
2013-07-11 03:39:22 PM  
MintyBurns:

Tiny rant: But I hate how some idiot parents just let their SCREAMING toddlers run towards my dog because he looks like a cute little pig or Disney's Stitch. I sternly tell them "My dog is iffy. Your children really shouldn't approach dogs they do not know."

Well...I have to agree with you 100% here.  My dog is not small either.  She's 8.5 years old and has never bitten anyone but I always get nervous when clueless parents allow their children to charge the dog and stick their face in hers (which is a sign of canine aggression) and hang onto her around her neck.  Actually it really p*sses me off, but I'm afraid if I start yelling that the dog will get upset and perhaps nip.

Anyway parents, please teach your children to have respect for strange dogs.  Any dog, really.
 
2013-07-11 04:36:49 PM  
rummage.files.wordpress.com

You Wouldn't Hit a Bat with Glasses on, Would You?
 
2013-07-11 05:27:02 PM  
Was it just me who thought it was one of these?

imageshack.us
 
msP
2013-07-11 05:32:14 PM  

RembrandtQEinstein: Would it be more or less cruel to let it out at the edge of a state park and drive away? I'm going to go with less. But it isn't like getting beaten to death with a bat is worse than getting eaten by a bobcat. The guy had options, he took the dick option. But taking the dick option shouldn't be a crime.

I love animals and this guy sounds like an asshole but I reluctantly agree the court made the right call. At the same time I think there should some kind of action the state can take that would prohibit him from ever owning another animal.


I just... I don't understand... it's not like his ONLY two option were dog gets eaten by bobcat or dog gets beaten to death my bat (which could arguably be more painful, depending on how fast that bobcat devoured him). He could have taken it to a shelter, a vet, posted on Craigslist about getting rid of it, any number of options. In this case, the "dick option" SHOULD be a crime because he had other, NON-DICK options available.

It kind of makes me sick that you can try and justify his behavior when it is so obvious he could have done so many other things instead...
 
msP
2013-07-11 05:33:55 PM  
It was his dog, let him do what he wants with it...but yeah, don't let him have another.

So if I have a child and it pisses me off to the point I don't want it anymore, I get to beat it to death with a bat because it's mine?

/I BROUGHT YOU INTO THIS WORLD, I CAN TAKE YOU OUT OF IT.
//But seriously, that's farked up.
 
2013-07-11 06:20:47 PM  

Lars The Canadian Viking: Do people think the only way that is ok to kill an animal is with a vet and a needle?


I use a suppressed .22, personally.
 
2013-07-11 06:26:51 PM  

joonyer: 1. Lots of experts in here declaring what is more or less humane. How the fark do you know, animal whisperer?


Most of what I've seen is that, done properly, a hit with a bat could be a humane death.  Most doubt it was that, but feel that the court decided that the prosecution failed to prove that it was done inhumanely.  They think it was, but it wasn't proven.

2. Getting slowly beaten to death by your father is somehow more humane than being attacked and killed by a bear. Got it.

You're assuming it was done slowly.  I'd also argue that the bear/bobcat would most likely be predated by a period of thirst and/or starvation.  A 7 month old puppy or child isn't going to know where to go to get water or food in a strange area.  Sure, sometimes they survive, but it's actually fairly rare and involves a dog closer to being an adult.

3.If you "try other measures to change behavior, and there's no evidence of happiness or eagerness to please",   then it's quite alright to beat the holy fark of its skull.

Personally, I keyed in on 'Bit the children'.  There's very little wiggle with that in my mind.

4. It's quite alright that this guy has or is around children. Totes.

See #3.  He may have priorities.

My answers would change with the court's.  If they actually proved torture/abuse, THEN you can charge him with all that and take away the kids.
 
2013-07-11 06:40:16 PM  
jesus christ, who let all the sexually repressed, 14 y/o sociopaths into this thread?
 
2013-07-11 07:16:54 PM  
It seems like his real crime here was being cheap. If he'd just paid to have the dog euthanized by a vet, this would be considered a non-issue. The only pertinent question here is whether the dog suffered more from this than it would have from accepted legal means of putting an animal down. So we have the bat... while it's an impractical method, it might not be inherently cruel. A terrier is pretty small, so it's possible a single crack to the head ended its life. Without a witness or the examination necessary to determine how many times the man had to strike the dog, there's no case.
 
2013-07-11 08:07:26 PM  

you have pee hands: Killing a person with a bat wouldn't be torture either, just murder.


Begs to differ. (NSFW)
 
2013-07-11 09:14:32 PM  

kronicfeld: No, it's just reflective of a f*cked-up brain.


Cold_Sassy: Fark off, jackhole.


Allen. The end.: Not today, farkstick. Eat shiat you farking loser. Really. Go die.


None of you have obviously lived on a farm where you eat what you raise.

I can only imagine how "inhumane" slaughtering animals was prior to the invention of firearms or electrocution.  For pigs they would literally beat them unconscious and then cut their throat and bleed them out.
 
2013-07-12 03:00:51 PM  
HERE'S THE FUGHKIN LOSER!!!!!   I LIVE IN A NEARBY STATE - GONNA FIND YOU - GOT A BAT WITH YOUR NAME ON IT!!!!

thumbs.mugshots.com

cdn2-b.examiner.com
 
2013-07-12 03:18:54 PM  

bluefoxicy: This is the same reason we don't execute people with a bullet to the head. Think about lethal injection:


My preference for execution today would be Nitrogen asphyxiation.  Humans don't have an O2 sensing system, we have a CO2 one.  So if you flush all the oxygen out of the room(with Nitrogen, for example), you'll asphyxiate without knowing it.  The signs of insufficient oxygen is something we have to train pilots to recognize, and it's not even always successful then.

So the deal is:
You're put in a sealed room.  You know you're going to die.  You 'suddenly' get tired, go to sleep, and never wake up.
 
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