 |
Self-defence or cruelty to animals?
That's what a judge must decide in a case of an Edmonton man accused of "severely" beating an older dog with a "very big, scary stick" with a nail in it.
Michael Lowery, 45, is accused of causing unnecessary pain, suffering or injury to an animal, injuring or endangering an animal and possessing a dangerous weapon.
Court heard police responded to the back yard of a home in the area of 98 Street and 89 Avenue on June 15 after getting a report of a man attacking a dog with a stick.
Const. Ryan Walker testified he found Lowery "ranting and raving" and yelling that two dogs that bit him were "vicious and going to kill kids."
Walker said Lowery then went on to say he was a hero and "should be commended for his actions." Walker said he handcuffed Lowery and went to find the dogs involved.
"I saw two dogs laying, basically cornered, by a low-lying fence and one of them was covered in blood," he said.
Court heard the dogs were neutered Alaskan Malemutes, 11-year-old Konan and 12-year-old Sharky, who were both healthy and had somehow got out of their nearby yard.
Walker said Konan was "in great distress" with a bloody hockey-puck-sized injury to his back and a cut by his eye.
Const. Danik Dennis testified he saw blood on the grass and fence and seized a lengthy, blood-covered two-by-four that had a nail sticking out of it and a brick nearby.Both cops said the dogs were friendly and non-aggressive.
Neighbour Brent Honey described Lowery as appearing "crazy" and on drugs and said he saw him earlier slap one of the dogs. Mark Anielski testified he saw the dogs bloody and "cowering" against the fence and said he saw Lowery with blood splattered on his face and chest, but no injuries.
Graham Waite told court he heard a noise in his back yard and found Lowery hitting Konan with the butt end of the two-by-four. He described both dogs as being docile.
Lowery testified to hitting the dog, but said he did it in self-defence after the animal bit him on the cheek and elbow and went for his throat. He said he had been following the dogs after thinking they were "wild" and might attack children in the area and got bit when he bent down to check them out.
"I was defending myself. I almost got my throat ripped out here," said Lowery. He also admitted he "panicked" and was "mad" and said he may have overreacted.
Defence lawyer Geoff Green argued Lowery "believed he was under attack" and said he should be acquitted.
Crown prosecutor Cheryl Schurman argued that, even if Lowery was bit, his response was beyond self-defence.