Habermehl sentencing… at last?

Habermehl sentencing… at last?


Press Release | JuLY 24, 2013

Robert Habermehl, animal abuser, outside Calgary courthouse

Robert Habermehl tries to avoid media by raising a briefcase as he leaves the Calgary Courts Centre April 30, 2013 in Calgary, Alta. Habermehl was charged in 2009 with causing an animal distress under the Animal Protection Act and a Criminal Code charges for injuring a cat. Jim Wells/Calgary Sun/QMI Agency

Robert Habermehl tries to avoid media by raising a briefcase as he leaves the Calgary Courts Centre April 30, 2013 in Calgary, Alta. Habermehl was charged in 2009 with causing an animal distress under the Animal Protection Act and a Criminal Code charges for injuring a cat. Jim Wells/Calgary Sun/QMI Agency

The D.A.I.S.Y? Foundation wants the press to be aware that on Thursday, July 25th at 2:00 pm, Robert Habermehl will be in Calgary court for sentencing (unless Mr. Habermehl has another “heart attack”).

Habermehl was charged on November 27, 2009 for physical abuse after a cat in his care, Minnie, was found so severely injured that she had to be humanely euthanasia.

We’re hoping this is the end of a long, drawn out case that has been abused over the past four years by Mr. Habermehl.

This is a dangerous man who needs to be punished to the fullest extent of the law. He should be jailed for this animal abuse and given therapy.

Once again the D.A.I.S.Y? Foundation wants to thank you.

Calgary man who kicked girlfriend’s puppy to death spared jail time

Calgary man who kicked girlfriend’s puppy to death spared jail time

reprinted from Calgary Herald

A 32-year-old Calgary man who threw his girlfriend’s puppy off a balcony, kicked it to death and sent her photos of the dead pet by text has been spared jail time.

Derick Colin Anderson was given a 10-month conditional sentence, a year of probation and 100 hours of community service.

Anderson is also banned from owning or living with animals and birds.

In handing down the sentence in court Thursday morning, Judge Marlene Graham said she took into account that Anderson has no previous criminal record, is willing to receive treatment for anger issues and suffers from a previously undiagnosed condition called intermittent explosive anger disorder.

The judge also noted that Anderson had a childhood fraught with physical and sexual abuse.

Anderson pleaded guilty last October to the Criminal Code charge of wilfully causing pain to an animal.

Anderson became enraged over finances and took his anger out on the 11-month-old puppy, called Cujo, after it soiled the couple’s rented home while his girlfriend was at work Sept, 24, 2010.

He remains in a relationship with the same girl, and lives in his mother’s basement.

Court earlier heard the accused was annoyed by the dog’s yipping and soiling, reached for it, and the dog snapped at him.

He threw the pet off the balcony, walked over and kicked it, then put the dead animal in a back alley recycling bin.

A necropsy concluded that the dog’s skull had been caved in and that severe blunt trauma caused the injuries.

A sentencing report written by forensic psychiatrist Dr. George Duska said a key aggravating factor to the case was the domestic element, in which Anderson blamed the situation on his girlfriend for getting a dog in the first place.

Duska found Anderson a moderate risk to reoffend.

The maximum penalty under the summary conviction is 18 months.

Crown prosecutor Gord Haight had sought a jail term of six to eight months.

Haight argued against a non-custodial sentence, saying it couldn’t be shown that Anderson could be safely returned to the community and that he did not meet the key requirements of deterrence and denunciation.

Defence lawyer Roy Shellnutt said his client has accepted responsibility for the act and that it is explained, although not excused, by the fact Anderson has since been diagnosed with intermittent explosive disorder.

“I think it was an appropriate sentence. The judge looked at him and all his issues,” Shellnutt said outside court.

“He’s got to do some community service. He’s got to give back.”

An animal rights activist called the sentence too light.

“He’s a sick individual. He definitely needs help,” said Heather Anderson of the Daisy Foundation of Calgary, who attended the sentencing hearing.

Anderson had previously told court he took responsibility for his actions, and that they were sparked by stress and financial woes.

Dogs in trouble

Dogs in trouble

We probably hear more stories about cruelty against dogs than any other animal. Why? I don’t know, but the stories are sickening and disheartening.

In one case last year, a man severely beat a dog with a flashlight causing serious injuries to the dog. When authorities arrived to investigate, they found the dog sleeping beside the man who had abused him.

There is something in dogs that remains loyal beyond all reason. It’s as though they see something more in us than we do. Or perhaps it is a naivety in their genes that makes them look up to us.

But any abuse against ANY animal must end. Without stronger laws against animal abuse and cruelty, we find that the current pattern of abuse just continues and even seems to be escalating. There have been links made to show that animal abusers can become abusive to people. It’s a behavior that must be amended as soon as possible.

We must not tolerate abuse on any scale.

If you see abuse, report it! There is no excuse for abuse.

Fine in cat killing

Fine in cat killing


Delivering a deadly kick to a young cat earned a Calgary man a fine of $1,800 [plus $270 for the victim fine surcharge], community service and a two-year ban on owning animals.

But in a joint submission, Darren Ronald Lesy was given an exception to see the golden retriever, named Harley, allowed to live with him and his wife although the dog’s care and control will be the responsibility of his spouse.

Lesy, who was 23 at the time of the crime, pleaded guilty at an earlier court appearance and was sentenced Wednesday.

In the April 27, 2007, attack, the cat named Sage died after being kicked in the head.

Court heard Lesy was angry at the cat’s inability to control her bowels – after bathing Sage, he discovered fecal matter on her fur prompting him to launch his violent attack.

He had bathed the cat after she urinated inside a Rosehill Dr. N.W. home.

He took Sage to the vet but it was too late for viable resuscitation efforts and the two-year-old cat died of trauma to the upper cervical spinal cord.

Lesy pleaded guilty to an animal cruelty charge.

Crown prosecutor Richelle Freiheit said such cases typically lead to jail terms but this case has several mitigating factors including Lesy having no prior criminal record, taking the cat to a vet, pleading guilty and taking it upon himself to get counselling.

While she said “he meant to kick the cat … he didn’t mean to kill her.” She said it was a “one-blow situation with a quick death.”

In addition to the hefty fine, he faces six months probation, must do 50 hours community service, and, other than the exception for Harley, is prohibited from owing an animal for two years.

Judge Gerry Meaher, who is bound to accept the joint submission by the Crown and Lesy’s lawyer David Mohr unless he felt it was unreasonable, said it was fitting.

“This was not intentional,” he told the court.

“It was very reckless with very unfortunate consequences.” Brad Nichol, an animal protection investigator at the Calgary Humane Society, said the sentence was acceptable.

“It was a violent act and incarceration was certainly on the table,” he said outside court.

“I agree, there were mitigating factors. I don’t think he is the picture of the accused we usually see, it was a bad decision.” He said it is not unusual to see existing animals allowed by the courts to stay in a home where someone convicted of such a crime lives and “time will tell,” whether Harley-the-dog is at any risk of similar abuse.

“Past behaviour can be a predictor of future behaviour,” Nichols said.

“Time will tell.”

A group of animal rights activists, including some with young children, were in the court – a mainstay at most cases before the courts involving animal cruelty.