A Fremont man is facing one count of animal torture and two counts of child endangerment stemming from a Feb. 14 incident where he maliciously beat the family pet, an 11-month-old chocolate colored Labrador.

Chad Michael Crosby, 31, is accused of inflicting severe physical pain with a depraved or sadistic intent to cause prolonged suffering or death upon the animal. The two counts of child endangerment stem from the Feb. 14 incident in which Crosby knowingly acted in a manner that created a substantial physical, mental, emotional, health or safety risk to two children under the age of 14.

All three charges are aggravated misdemeanors, with each one punishable by up to a maximum of two years in prison and/or a maximum fine of $6,250 per charge.

Misty White, assistant county attorney, said anyone convicted of an aggravated misdemeanor and whose sentence is greater than one year, must serve it in prison, while anything under one year can be served in the county jail.

Mahaska County Attorney Rose Anne Mefford had no comment concerning the case but did say Crosby’s arraignment is scheduled for 9:30 a.m. March 19.

Mahaska County Deputy Matt McCain spells out in the complaint and affidavit the events leading to Crosby’s late afternoon arrest on Feb. 26.

McCain writes, Crosby at approximately 11:30 p.m. Wednesday, Feb. 14, at 218 N. Kennedy in Fremont, “while in an enraged state beat a family-owned canine with a frying pan two separate times in which the dog did cry and howl out of pain. The beatings continued until the dog did defecate on the floor and urinate on himself and the floor because of the beating that took place. The beating was not done out of any sort of punishment for something the animal had done. It was merely to inflict severe pain and prolonged suffering on the animal because the defendant was mad at his girlfriend. The dog became the victim in an argument between the two.”

Gabby Evans, director of the Stephen Memorial Animal Shelter in Oskaloosa, said Dr. Lisa King with Mahaska Vet Clinic initially examined the dog, named “Kane.” Kane was taken to Avondale Veterinary Healthcare Complex in Des Moines, at the suggestion of Dr. King.

Evans said Kane had a broken pelvis, a broken canine tooth and a crushed molar and had major surgery to repair a fractured femur bone due to the beating. Kane’s past injuries include a pelvic fracture, left elbow fracture with a free piece of bone and significant arthritis around the joint, all of which may require surgery in the future.

Evans said more than $4,000 has been donated to Stephen Memorial in Kane’s name to help cover Kane’s $2,000 medical bill.

Stephen Memorial Animal Shelter is still accepting donations for Kane and Evans said any money left over would go to a Kane Fund to be used for abused and neglected animals.

Evans said she would like to see cases of animal cruelty or neglect in Iowa become a class C felony.

“Iowa really needs to get tougher on their animal neglect and abuse laws,” Evans said. “There are very lax compared to a lot of other states.”

Evans said Kane is currently in a foster home and he is recovering from his injuries.

A search of Iowa Courts Online shows Crosby has had several run-ins with the law. Crosby received six speeding tickets from five Iowa counties between the years of 1993-2005. He also has been charged with possession of alcohol underage, twice in Mahaska and Marion County, both in 1995. His other three run-ins include failure to wear a safety belt in Cedar County in 1994, motor vehicle financial responsibility in Mahaska County in 1995 and operation without a registration in Mahaska County in 1995.

Update 3/28/07:  Crosby entered a written not guilty plea to three aggravated misdemeanors at his arraignment March 19, setting the stage for a 9:30 a.m. April 30 pre-trial conference at the Mahaska County Courthouse.

Crosby stands accused of one count of animal torture and two counts of child endangerment, with each one punishable by up to a maximum of two years in prison and/or a maximum fine of $6,250 per charge.

Rose Anne Mefford, Mahaska County attorney said if a negotiated plea between the defendant and the county is not reached at the pre-trial conference, the judge will set a trial date and time.

Crosby waived his right to a speedy trial while he remains free on pretrial release.

Crosby does have an order to have no contact with the two children involved during the duration of the case, Mefford said.

Gabby Evans, director of the shelter, said they have received a total of $14,395 from places all across Iowa and other states, like Missouri, Wisconsin and Colorado.  “It’s amazing to me. It’s absolutely amazing the outpouring he has gotten,” Evans said Tuesday morning. “I’m really, really dumbfounded at the outpouring.”

Evans said Kane would require at least three and possibly four surgeries that will cost close to $6,000. Kane’s first surgery was performed at Avondale Veterinary Healthcare Complex in Des Moines and was to repair a fractured femur bone due to the beating. Subsequent surgeries are planned to repair his right hip and left elbow, Evans said.

Kane is currently recuperating from the first surgery at an undisclosed foster home. Evans explained because the shelter is not equipped with a recovery room, a foster home would be less stressful on Kane and would allow him to recuperate faster.

Evans said Kane is still the property of the shelter and they have received numerous inquiries about adopting him.

"I would like to inform you that this is not the first time that Crosby has become physically abusive.  While I am concerned for the well being of 'Kane", I am more concerned with the mental well being and safety of my children due to the Iowa Deparment of Humane Serivices making the determination that it is safe for my children to return to the care of their mother in Crosby's home, Maize writes.

Maize in the email goes on to say his daughters told him “that on several occasions Crosby physically disciplined them and told them that he would ‘spank’ them in the same manner which he spanks Kane.”

At least one researcher says abusive behavior toward animals can often times spill over to other family members.

Dan Paden, PETA researcher with the Domestic Animal and Wildlife Rescue and Information Department, writes the connection between crimes against animals and domestic violence is indisputable.

“Perpetrators of domestic violence often abuse companion animals in order to intimidate, control, or terrorize their partners,” Paden said. “Anyone capable of cruelty to animals poses a definitive risk not only to companion animals but also to their fellow humans.”

   (Submitted photo of Kane smiling for the camera)

Update 5/1/07:  Crosby’s pre-trial conference was postponed so Judge Michael R. Stewart could hear a motion for change of venue filed by Crosby’s attorney, Joel Yates.  The motion for change of trial venue filed April 12 by Yates cites excessive local press coverage of Crosby’s alleged charges and asks the court to support the change based on “substantial local publicity has been involved with this case; most notably, numerous front-page articles in the Oskaloosa newspaper.”   The motion also mentions, “That such a degree of prejudice exists in Mahaska County that there is a substantial likelihood that the defendant cannot receive a fair and impartial trial in Mahaska County.”

Judge Stewart declined to hand down a ruling because he said he was not familiar with the 1990 case Rose Anne Mefford, Mahaska County attorney, used to argue the county’s objection to the motion. Judge Stewart said he would rule on the motion at a later date. He will also set a new date for the pre-trial conference.

The 1990 murder case cited by Mefford, State of Iowa vs. Siemer, argued against a change in venue and was upheld.    Mefford said in State of Iowa vs. Siemer, the nature, tone and accuracy of the press coverage, timing to the trial and the impact it would have on the jury were crucial aspects during “voir-dire,” or the jury selection process.

“When we pick a jury, the attorney’s, are looking for any preconceived notions, any knowledge about this case, any bias,” Mefford said. “And it’s the states position that if anybody has read the articles he referred to, they’re going to say so during the “voir-dire” process. And if they’ve already formed an opinion, they’ll get excused from the process.”

Yates entered into evidence and based his motion on Oskaloosa Herald front-page stories and a letter to the editor. The first defendant’s exhibit Yates entered at the hearing was the March 28 edition and the second exhibit was the March 21 edition, Mefford said.  “We just feel it should be out of Mahaska County,” Yates said. He requested a county somewhere in the 8th Judicial District.  Yates said having — to the best of his knowledge — two front-page stories is odd and unusual for a misdemeanor case. He called the letter to the editor, “inflammatory.”  Yates also argued a change in venue should be granted because jury selection in Mahaska County would be bogged down by a jury pool familiar with the case because of the pre-trial publicity.  “I’ve heard about this. I’ve read about it,” Yates predicted would be responses from potential jurors. “There’s no way I could be fair.”

Crosby has waived his right to a speedy trial.   In the complaint and affidavit, Mahaska County Deputy, Matt McCain, spells out the events leading up to Crosby’s late afternoon arrest on Feb. 26. 

  (Photo courtesy of Michael Schaeffer, The Oskaloosa Herald - Mailbags going to the Stephen Memorial Animal Shelter in Oskaloosa are a bit fuller these days as people across the country continue to show support for Kane.  Gabby Evans, director of the shelter, said they continue to receive mail and have received several hundred cards, letters and pictures, as well as donations, which now total more than $14,000)

Update 3/5/08:  Crosby resolved his case by entering into a plea deal with the prosecution.   Crosby on Jan. 28 entered a written plea of guilty to the two counts of animal torture. The court dismissed the two charges of child endangerment, no injury.

Judge Michael R. Stewart sentenced Crosby to two consecutive two-year prison sentences, which he suspended for probation with the 8th Judicial District Department of Correctional Services. Judge Stewart also imposed fines totaling nearly $1,000.

Reference:

The Oskaloosa Herald

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