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The Honolulu Advertiser
Posted on: Sunday, March 7, 2004

Animal advocates find cruelty sentence too lax

By Kevin Dayton
Advertiser Big Island Bureau

HILO, Hawai'i — Hawai'i Island Humane Society officials are criticizing a 15-day suspended jail sentence meted out to a Hilo man for dragging a steer behind his truck and then allegedly abandoning the injured animal.

Franny Kinslow, community relations director for the Humane Society, said the sentence for William F. Victorino, 76, was too lenient in an animal cruelty case where the steer suffered for several days.

"Basically, it's like he got no punishment at all," Kinslow said.

Deputy Public Defender Kenneth Goodenow, who represented Victorino, said that after the steer was hit by a car, and area residents told Victorino to get the animal off the road. Victorino dragged the live animal only a short distance to get it out of the way and onto his property, he said. "He did the best he could," Goodenow said.

Kinslow said Humane Society officers were called July 1 by witnesses who said they saw Victorino drag the Holstein behind his truck June 30 and then abandon the animal near 'Ainaola Drive. The witnesses told the officers where Victorino lived, and Kinslow said officers posted notices near the animal and at the man's home telling him the steer needed medical attention.

Officers returned the next day and found that the steer had not been moved, Kinslow said. Victorino was found that afternoon and was told again that the steer needed medical attention or should be euthanized.

The following morning Humane Society officers were called to the Hilo dump, where county workers found the steer, still alive, on a pile of rubbish. The officers euthanized the animal and charged Victorino with two misdemeanor counts of cruelty to animals. The crime carries a penalty of up to a year in jail.

Goodenow said a county worker at the dump told Victorino the worker would "take care of" the animal. He said Victorino believed that meant the worker would either kill the steer or call the Humane Society, when in fact the county worker did not know the animal was still alive.

One charge was dismissed under a plea agreement, and Victorino pleaded no contest to the second.

On Feb. 25, District Court Judge Karen Napua Brown sentenced Victorino to 15 days in jail but suspended the term, provided he has no similar violations for one year.

Kinslow said the Humane Society is not satisfied with the punishment.

"We have a lot of problems with cruelty to animals not being treated seriously enough," she said.

"Obviously, this is a creature that had endured three days of intense suffering at the hands of its owner, and when you own an animal you are taking responsibility for it, and that means if it is injured, you need to either treat it or have it humanely euthanized."

Victorino was unavailable for comment, but court records indicate he told authorities the steer belonged to his granddaughter.

Reach Kevin Dayton at kdayton@honoluluadvertiser.com or (808) 935-3916.