The following is the text of the Victim Impact Statement I (Brian Baker) have filed with the County Attorney to make sure that the driver I met is given full punishment provided under the law. I incorporated the suggestions of the board from when I originally posted it, and post it here for our comments. The defendant goes to trial next week, and I plan to be there for the length of the trial.
Crime Synopsis:
The defendant was driving his automobile on West 17th Street from Main Street to West Locust Street. The witness was walking from West Locust Street to Main Street. Defendant intentionally crossed the centerline dividing traffic to run over a cat in the street about halfway between Main and West Locust Streets. Witness, who was in front of the defendant, stepped into the street near the intersection of West Locust and West 17th Streets to block defendant. Defendant got out of his car and began verbally assaulting the witness, and in an attempt by the witness to detain the defendant for law enforcement officials an altercation ensued.
Victim Impact Statement:
The true victim in this case is the cat, which has no voice. There is no way to make the court and the County Attorney feel the pain of the animal. There are some who would say that this is really a victimless crime because one was harmed. I disagree.
I was forced to witness this crime, and as a compassionate advocate of the rights of companion animals what I saw victimized me by causing me nightmares and panic attacks. It victimized the veterinarian whom voluntarily euthanized the cat without charge, causing him financial loss. It victimized the other drivers who could not proceed to their destinations because traffic was blocked by the altercation between this witness and the defendant. And it victimized the taxpayers of this city by forcing them to send out two police units and one EMT unit, plus the time and expense of the County to investigate and prosecute this case.
Also, the cat in question suffered cruelly and painfully before its death. The driver did not kill the cat when he hit it, instead crushing the rear third of the cat's body under the wheels of his car. The cat suffered immensely from shock and blood loss before this witness was able to take it to the veterinarian and have him euthanized. Somewhere, the cat probably had someone who cared for it, fed it and watched out for it. That person has suffered a loss and will always wonder what happened to their cat.
The purpose of this statement is to insure that the defendant does receive appropriate punishment, and to ask the court that psychological examinations be performed on the defendant. There is a proven link between animal abuse and violent crimes, and this crime may be an indication of things yet to come from this defendant. Proper psychological counseling will insure that the defendant is treated for his problems and is therefore less likely to repeat this crime, and perhaps prevent other violent crimes from the defendant in the future.
Finally, there is one thing I ask the Court not to do, and that is give the defendant time served, a monetary fine and sweep this incident under the rug. There are laws on the books against animal cruelty, and this is a case of animal abuse resulting in death. Without punishment, the defendant will escape punishment from a crime, and will possibly think that he can do it again in the future. It is the recommendation of this witness that the defendant be forced to pay restitution to the vet who performed the euthanasia, to undergo a period of psychological examination, to be placed on extended probation and be given a lengthy sentence of community service.
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