ESTEVAN — Winston Klassen will have to wait until the summer to find out his sentence in an animal cruelty case.
Klassen, age 27, had his sentencing hearing May 5 in Estevan Provincial Court. The Crown is seeking six months in jail and 18 months of probation, while the defence is looking for a three-year suspended sentence.
Judge Mitch Miller said he would hand down his decision Aug. 18.
Klassen was charged with injuring/endangering an animal following the death of his puppy on Jan. 3. He pleaded guilty to the charge March 31.
During the sentencing hearing, Crown prosecutor Travis Avery showed two videos. The first was taken from a nearby building of the incident itself. When Avery showed the first video to the person who captured the footage, she said it was too hard to watch.
The other was of Klassen's interview by Estevan Police Service Const. Jordan Ross after Klassen was taken into custody. Ross noted that Klassen called the police station, reporting his dog was injured.
Ross was one of three officers to respond to the scene. He saw a dog lying on the sidewalk and noticed blood was coming from the dog's mouth. Due to the frigid temperatures, the blood was frozen.
The dog was covered up, taken to the vet in one of the police trucks and taken to the humane society for further evaluation.
According to Ross, Klassen said he fell on the dog, leading to the dog's death. At the time, the EPS had no reason not to believe Klassen. Then a person came into the station and provided a video to the officers.
"It shows the dog running away from Mr. Klassen, and Mr. Klassen trying to catch up to it … and you can see in the body language that Mr. Klassen was getting agitated," said Ross.
Klassen can be seen picking up the dog, dropping it and kicking it in its side. The dog got up right away and ran 10-15 feet before going down.
Avery later said during his sentencing argument that Klassen kicked the dog "like a football".
After the EPS obtained the video, the agency arrested Klassen. In the interview, Klassen stuck to his story that the dog's death was an accident. At times during the interview, Klassen talked about his love for the dog and he was distraught at times. But when Ross told Klassen they have the video, Klassen confessed to the crime.
As part of the sentence proposed by Avery, Klassen would be prohibited from owning, having custody, control over, or living in the same residence as pets – an animal or bird – for three years. Defence attorney Levi Paradis did not object to the ban proposal.
Avery said the first video showed the actions of Klassen were deliberate and not an accident. The regret he might feel over the consequences of his actions doesn't alter what he did.
Avery pointed out Klassen also has a previous criminal record for assault. And according to the pre-sentencing report, at one point Klassen said "It's just a dog" in regard to the animal.
Both lawyers cited precedents for their sentencing requests. Citing one case, Avery said custodial sentences, in one form or another, should be the norm for the charge, even for first-time offenders, due to the need to denounce and deter this type of behaviour.
"I suggest to the court it is very necessary to drive home a sense of responsibility and accountability for Mr. Klassen," said Avery.
In calling for the 36-month suspended sentence, Paradis said a custodial sentence is not appropriate, due to the existing case law.
"I think it's pretty clear what took place. There's been a lot of evidence brought forward and video shown. I'd like to state very clearly that my client didn't set out that morning to kill his pet that day," said Paradis.
Paradis said Klassen truly is remorseful over the incident and reminded the court that his client called the police.
Klassen has received a number of hateful messages and even death threats stemming from the incident, Paradis said, lost his job and has been ostracized by those close to him. His name has been in the media and on Facebook.
"I think we all know the power social media can have these days when it comes to situations like this," said Paradis.
He also cited the sentence handed down to Barry Dell of Bienfait, who received a nine-month conditional sentence order, followed by 12 months probation, in March.
"Mr. Dell was upset. He had a cat trespassing in his yard. He took matters into his hands by first trapping the cat …but then decided to attempt to kill it with a hammer. After unsuccessfully killing the cat, he takes this wounded animal to a driveway out of town and drops it off to die, where he's spotted by some local residents."
Paradis asked the court to consider Dell's premediated decision to try to harm an animal, versus making a "reckless decision".
Avery pointed out Dell is an 80-year-old man with no criminal record, so his capacity for violence was diminished.
Paradis said 36 months is a long time for a suspended sentence, and it sends a clear message to the community about what happens if someone abuses an animal. If the court does opt for a conditional sentence order or even a custodial sentence, then he suggested an intermittent sentence, as Klassen has a new job, and Paradis believes it's important for Klassen to remain employed.
Klassen said he is seeking treatment for mental health and other issues, and wishes he would have sought treatment earlier.
"This is the first time I feel like I'm going down the right path," Klassen said.
After both sides had finished, Judge Mitch Miller said he wanted to file a written report for the case, and suggested the three-month wait as he has other decisions to render.
