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Posted at 1:21 p.m., Tuesday, May 8, 2007

In court, Hana man recounts killing of dog

By LEHIA APANA
The Maui News

WAILUKU — Fighting back tears, a Hana man testified Wednesday that he used a machete to kill his neighbor's dog, then dragged the animal to his property and buried it early this year.

During his trial in Wailuku District Court, Sylvain Pilon, 46, said he was upset because he previously had made complaints about his neighbor's dogs barking and felt that nothing had been done to address the situation, The Maui News reported.

"I knew at that point I could not handle the situation anymore. I had enough and I wanted to settle it," Pilon said.

District Court Judge Douglas Ige said the prosecution proved beyond a reasonable doubt that Pilon was guilty of violating a temporary restraining order imposed last May to keep him from harassing his neighbor Kenneth Yasso. He also was convicted of cruelty to animals and fourth-degree criminal property damage.

Pilon said that on the evening of Jan. 28 he heard Yasso's dogs barking, which prompted him to grab a headlamp and machete and enter the property. He said he approached the dog that was "loudest and closest" to his residence and decided to kill the animal.

"I looked at the dog and thought this one is going to die tonight," he said.

Pilon said he cornered the animal between a doghouse and a tree until "he had nowhere to go" before attacking it with a machete.

"I took a good aim for the neck. I tried to kill him in one shot."

Pilon estimated he struck the dog 13 times before dragging the dead animal to his property and burying it in two tires.

"I was hoping to kill him right away, but I must have hit the chain or collar, so he went down but wasn't dead," he said, describing the first strike. "When you start something like that you have to finish the job so it doesn't hurt."

Pilon said that after he buried the dog he felt "at peace" with his actions.

"I felt really good at that time. I felt at peace with myself – I did what I had to do."

Pilon said that later that night he drove to a Hana cultural center, where he had time to think about what he had done. He said he slept there overnight before returning home the next morning.

"I decided I would turn myself in because this had gotten too far," he said. "This is not a way to solve a barking problem."

On the morning of Jan. 29, Pilon said he called police and told them what he had done and asked them to arrest him. He was arrested that morning after police arrived at his Uakea Road residence and discovered Yasso's dog buried on the property.

During cross-examination, Deputy Prosecutor Marie Kosegarten asked Pilon whether he likes dogs. "I love dogs," he responded.

Pilon said that he did not have a problem with the dogs themselves, but that he was frustrated at their barking.

"It's not the dog that's responsible for barking – it's the owner," he said. "I feel sad for the dog because it's not his fault."

Pilon said he killed the dog because he was frustrated and wanted to get the attention of the Maui Humane Society, the police and Yasso.

"I wanted to send a message to Mr. Yasso that I've had it," he said.

Pilon was represented by defense attorney Shelly Miyashiro.

Ige ordered a presentencing investigation and set sentencing for July 12.

For more Maui news, visit The Maui News.