Calls Needed!! re DROWNED DOG AT JONES BEACH
Folks!
IMPORTANT!
On Sunday (Aug 4), Yoichi Nakayama, a Queens sushi chef, was arrested for repeatedly dunking his dachshund underwater for 45 minutes and eventually drowning him at Jones Beach in Wantagh, Long Island. He was given a summons by Park Police to appear in court in Sept., and charged with only a misdemeanor, not a felony, even though aggravated
animal cruelty is a felony in NY State since Nov 1999.
In Defense of Animals called the Nassau County DA's office to request they charge him with felony cruelty (a more serious crime than a mere misdemeanor). The DA's office is still gathering information and NOW IS WHEN THEY NEED TO HEAR FROM AS MANY PEOPLE AS POSSIBLE ASAP (today -Tues- if possible) WHO
POLITELY BUT FIRMLY REQUEST THAT THIS MAN BE CHARGED WITH A FELONY.
WHAT YOU CAN DO:
Please make the followng two brief calls TODAY IF POSSIBLE:
(To help you with your call, the law is stated below as is the Newsday article describing what occurred.)
1. CALL NASSAU COUNTY DA's OFFICE
Rick Henshaw- Public Information Dept.
(516) 571- 2994
POLITELY ask that Yoichi Nakayama, who drowned his dog at Jones Beach on Sunday, be charged with and prosecuted for FELONY animal cruelty, not a misdemeanor.
2.CALL SEARGANT KIRBY of JONES BEACH STATE PARK POLICE
(516) 785- 2900
POLITELY ask him to re-arrest Nakayama and charge him with a felony.
(*Kirby told us that his superior says that there is not enough
evidence to say this act of drowning was "conduct which (i) is intended to cause extreme physical pain; or (ii) done or carried out in an especially depraved or sadistic manner" (sec. 353a(1) of the Agriculture and Markets Law - the NY State Felony Animal Cruelty Statute.
YET the Newsday article states:
" Beachgoers at Jones Beach watched yesterday as a Flushing man repeatedly dunked his pet dachshund underwater for 45 minutes and eventually drowned the pup, New York State Park police said."
and
"The man, Yoichi Nakayama, 38, then walked out of the surf with the dog, Noodle, in his arms and started to dig a hole to bury the dog."
and
"Nakayama was covered with scratches apparently from the dog trying to get away from him"
This seems to be clear enough that this was "conduct which (i) is
intended to cause extreme physical pain; or (ii) done or carried ouit in an especially depraved or sadistic manner"
If a shelter "euthanized" a dog in this manner, they would be brought up on felony charges.
Lastly, you may write a letter to Newsday re this case
letters@newsday.com
Include name address and phone number.
THANK YOU FOR YOUR EFFORTS!
In Defense of Animals
Here is the Newsday article and the NY STATE Animal Cruelty Law:
NEWSDAY ARTICLE
AUG 5, 2002
'OWNER' DROWNS DOG AT BEACH
by Bart Jones
Beachgoers at Jones Beach watched yesterday as a Flushing man repeatedly dunked his pet dachshund underwater for 45 minutes and eventually drowned the pup, New York State Park police said.
The man, Yoichi Nakayama, 38, then walked out of the surf with
the dog, Noodle, in his arms and started to dig a hole to bury the dog. Park police arrived and arrested him on charges of cruelty to animals.
Nakayama said last night that it was "just an accident. I don't
know what happened. I'm very sad."
"It's an unusual story and pretty egregious behavior with an
animal," said Richard O'Donnell, chief of the State Park Police on Long Island. I think it was more neglect and stupidity than an intentional act."
Nakayama was covered with scratches apparently from the dog trying to get away from him, he said.
Nakayama, a chef at a sushi bar who lives on Roosevelt Avenue in Flushing, was issued a summons to appear in court in Hempstead Sept. 16.
O'Donnell said the incident occurred about noon at the East
Bathhouse Beach in Wantagh. Nakayama was "apparently repeatedly dunking the dog while playing with him," O'Donnell said. The dog "kept coming up for air."
Nakayama said he was holding the dog because she's not a very
good swimmer.
NY State Felony Animal Cruelty Statute
Sec. 353a(1) of the Agriculture and Markets Law -
Felony Cruelty (New)Effective November 1, 1999, New York State has followed the trend set by 17 other states by adding a felony to its anti-cruelty law.
New §353-a provides as follows:
§ 353-a—Aggravated cruelty to animals.
1. A person is guilty of aggravated cruelty to animals when, with no justifiable purpose, he or she intentionally kills or intentionally
causes serious physical injury to a companion animal with aggravated cruelty.
For purposes of this section, "aggravated cruelty" shall mean conduct which: (i) is intended to cause extreme physical pain; or (ii) is done or carried out in an especially depraved or sadistic manner.
The statute provides for sentencing as a class E felony under the Penal Law, which allows for a $5,000 fine, and sets the maximum prison term at a definite sentence of up to two years. Both a fine and a prison term may be imposed.
The Legislature made several notable findings in its memorandum
describing the new statute: Deliberate
animal abuse is a widespread concern which must be addressed. Currently, a person who violates §353 is guilty of a misdemeanor,
punishable by imprisonment of up to one year and of a fine of not more than $1000 or both. The most egregious animal abuse cases, where a person deliberately tortures an animal, should result in the perpetrator being subject to stricter penalties than in existing statute. Innocent animals have been subject to horrendous actions including hanging, being set on fire
and being used as target practice for knife throwing. As if this were not enough, there is another important reason to convict animal abusers. The connection between animal abusers and violence towards humans shows that virtually every serial killer had a history of abusing animals before turning their attention
to people. Currently, seventeen states have enacted felony cruelty laws to address certain types of animal cruelty. Given the growing public recognition of the rights of animals to be treated in a humane fashion, this bill seeks to ensure that these cases are not handled as petty matters by increasing the most flagrant acts to a felony.
