Update April 3, 2008: A hearing was held this past week to determine if there was sufficient evidence for Christopher Lee Barnett to stand trial for severely beating his dog and also filing its teeth till they bled.

Witnesses including neighbor Vincent Maxwell testified they saw Barnett beating the dog. An employee of Maxwell said Barnett beat the dog at least 15 times with a hoof rasp. She said the dog lost consciousness. She also saw him filing the Lucas' teeth. 

Maxwell said Barnett told him he beat the dog and filied his teeth because he chewed some wires. Maxwell at that point thought Lucas was dead and he asked Barnett if, in fact, the dog was dead. Barnett responded by picking up the dog by the back of its neck. Blood poured from the dog, but he was alive.

Barnett's lawyer said Barnett had an excuse for doing this because he is a professional. The judge, Larry Ross, was having none of it, saying as he ordered Barnett bound over for charges of felony animal cruelty, "If this isn't animal cruelty, I don't know what is."    

For more on this, read Animal Law Coalition's original report below. 

Original report: Christopher Lee Barnett of Morrison, Tennessee, was recently caught by a neighbor, Vincent Maxwell, in the act of severely beating one of his two dogs, Lucas, an Alaskan Husky.  

When the neighbor confronted Barnett, he mentioned he had also filed down the dog's teeth to prevent him from chewing. He picked Lucas up by the skin on his back and as he did so, blood poured from the poor dog's mouth.

Thanks to Mr. Maxwell, both dogs were seized by animal control. It turns out 30 of Lucas' teeth had been filed down, in some cases to the root, with a metal file. Here is what the veterinarian, Dr. Samuel L. Young presented to the District Attorney Lisa Zavogiannis:

"The teeth on both sides, upper and lower, had been filed almost to the gum line...In the process several teeth were fractured and splintered beneath the gumline. A total of 16 upper teeth and 14 lower tooth pulps (nerves) were exposed and the majority were still bleeding. In order to minimize pain and infection most of these teeth would require root canals, fillings, or removal. Due to the manner in which the teeth were filed, the instrument used was probably either an equine dental float or a very coarse wood rasp or hoof rasp. In my opinion in order to do that much painful dental damage, the dog would have had to be semiconscious or unconscious."

 Because Maxwell was willing to testify about the abuse, - the Maxwells are also willing to foster Lucas - Barnett was charged with animal abuse.

The charge is only a misdemeanor, though.  Tenn. Code Ann. § 39-14-202  Barnett faces no more than 11 months and 29 days in jail and a $2500 fine. The Court can also prohibit the defendant from keeping animals for a period of time.

 It is not clear why he was not charged with aggravated animal cruelty, a Class E felony, under Tennessee law.   Tenn. Code Ann. § 39-14-212. The defendant can also be ordered not to have animals for a period of time and undergo psychiatric evaluation and counseling.  
 
"A person commits aggravated cruelty to animals when, with aggravated cruelty and with no justifiable purpose, the person intentionally kills or intentionally causes serious physical injury to a companion animal." Tenn. Code Ann. § 39-14-212. 

"Aggravated cruelty" means conduct which is done or carried out in a depraved and sadistic manner and which tortures or maims an animal, including the failure to provide food and water to a companion animal resulting in a substantial risk of death or death". Tenn. Code Ann. § 39-14-212. 

A Class E felony is punishable by 1-6 years in prison and a $3,000 fine. 

Barnett makes his living as a farrier.

WHAT YOU CAN DO

Even when laws are in place, prosecutors are reluctant to prosecute animal cruelty offenses. Call on District Attorney Lisa Zavogiannis to prosecute Christopher Lee Barnett to the fullest extent of the law for his torture of Lucas. Ask D.A. Zavogiannis to charge Barnett with aggravated animal cruelty and seek the maximum sentence including a ban on owning, handling or living with any animals; and counseling or other psychiatric treatment. Remind her of the link between animal cruelty and domestic and other violence to humans.

lszavogiannis@tndagc.org
 
Lisa Zavogiannis
C/O Lucas the Dog
131 East Main Street
McMinnville, TN 37110

Talking Points for Prosecuting Animal Cruelty

It is well known people who abuse animals abuse people. It is that simple. If someone abuses or tortures animals, that is a very strong indicator they have been or will be violent towards spouses, children and other people. The mental health field calls this "the link".

The numbers support this link between animal abuse and domestic violence and other violent crimes.

70% of animal abusers were found in one 20 year study to have then committed other crimes, and 44% went on to harm people. (Arluke, A. & Luke, C. 1997).

In another recent study 99% of animal abusers had convictions for other crimes. (Clarke, J. P. 2002). In that same study it was found 100% of people who committed sexual homicide had abused animals. (Clarke, J. P. 2002). That study also revealed 61.5% of animal abusers had assaulted a human as well. (Clarke, J. P. 2002).

63.3% of inmates in one prison study who were in for violent crimes admitted to abusing animals. This doesn't include the ones who didn't admit it. (Schiff Louw Ascione, 1999)

Police have found animal abuse is a better predictor of whether someone will commit sexual assault than previous convictions for murder or arson. (Clarke, J. P. 2002).

71% of women in a battered women's shelter reported their abuser either abused a household pet or threatened to abuse a pet. (Ascione, 1998)

In another study 88% of child abusers also abused the animals in the home. (Ascione)

Animal cruelty laws are as much about recognizing the danger to people from animal abusers as these laws are about protecting animals.