Cramer: Petition Can’t Change Cruelty Prosecution
By ANNIE DIMMICK Staff WriterMOUNDSVILLE - It was public response that led to the arrest of three juveniles accused of recently setting fire to a cat - now Marshall County Animal Shelter workers are hoping public response by petition will force the court system to try them as adults.
However, Marshall County Prosecutor Jeff Cramer said that while he feels the juveniles should be tried adults, the petition can't make much difference right now.
"While a petition can certainly make the public's voice heard, and I've heard it, it cannot legally change the way that a certain case is handled," Cramer said on Thursday. "It would be against the oath I took when I became prosecuting attorney to prosecute criminal cases a certain way based upon the number of signatures on a petition requesting a certain disposition."
The online petition at www.thepetitionsite.com, sponsored by the Marshall County Animal Shelter, began circulating Nov. 6. As of Friday morning it had 3,257 signatures - just 743 shy of its goal of 4,000.
In the petition, the sponsors request the three male juveniles accused of setting fire to a cat on Halloween night in Moundsville face adult prosecution.
Moundsville police Sgt. Darren Whipkey said one of the suspects recorded the incident in which gasoline was poured on the cat before it was set ablaze near the East End Playground.
"Apparently one of the individuals had recorded the incident on a cell phone," Whipkey said. "They poured gasoline on it, set it on fire and set it loose."
The orange tabby cat was brought to the Marshall County Animal Shelter the next day by someone who found it near the playground. However, the cat was euthanized two days later, said shelter Director Cindy Brautigan. Brautigan said the cat was in poor condition when it was brought in. Its skin was peeling off its hind legs and it had severe lacerations.
The boys, who range in age from 14 to 17 years old, were later arrested and it was announced they would be tried as juveniles, which had many very upset.
Cramer said while he does believe the alleged actions warrant adult prosecution, the law does not allow him to do so. According to West Virginia Code 49-5-10, to be tried as an adult, a juvenile must be at least 14 years old and have allegedly committed one of the following crimes: treason, murder, robbery with a firearm or other deadly weapon, kidnapping, first degree arson or first degree sexual assault.
"Unfortunately, given the specific charges and circumstances in these cases, the law does not permit these cases to be transferred to adult court," Cramer said. "The statute only allows for certain crimes committed by first time offenders to be transferred to adult jurisdiction. Felony cruelty to animals is not one of the designated crimes."
Cramer said that is something he would like to see changed, and he believes the petition may be a good start in doing that.
"I would like to see the petition sent to the local legislators in an effort to amend WV Code 49-5-10 to include 'felony cruelty to animals' as one of the crimes with which juveniles can be immediately charged as adults, even with no prior juvenile adjudications," Cramer said.
While Cramer said that, due to confidentially, he could not comment on when any hearings in the case would be scheduled, he said that the possible penalties the three boys face include being removed from their homes, being placed into juvenile detention centers, having psychological and psychiatric evaluations, community service, therapy, additional conditions of probation, and if convicted could remain under the Court's jurisdiction until they are 21 years old.
Ultimately, the penalties would be decided by the Juvenile Court Judge handling the cases, Cramer said.
Representatives from the Marshall County Animal Shelter did not return calls seeking comment. They are listed as the sponsor of the petition on the Web site.
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EllisWyatt
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11-19-08 7:15 PM
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If you abuse animals, you are a coward. A COWARD! You are nothing and you know it. You are a piece of garbage. Try these losers as adults, pour gasoline on them and set them on fire and videotape it and laugh at them. An eye for an eye. I know that some people think it is cool, or even acceptable, to harm or kill animals. It is not. Yes, we eat meat and, yes, the cows do not always go gently into that goodnight. But a moral society tries. Moral people don't kill unnecessarily. Moral people don't torture the innocent. A decent society should protect the innocent-seniors, children, animals and so forth. If you are not heartbroken by this story, I pray for you. I hope that the parents of these children take a good look at themselves in the mirror. Do you like what you see?
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sharpcookie
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11-19-08 5:01 PM
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I know these were "kids," (17 is an adult in many states>) It still shows "budding" sociopaths. All serial killers on the FBI records had animal abuse, arson and bed-wetting growing up. Read MINDHUNTER by John Douglas, retired special agent for the FBI's behavioral study unit.
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sharpcookie
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11-19-08 4:54 PM
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I was born in SW Pennsylvania, near the WV border. I now live in the Tampa Bay area of Florida. As a teacher for 20 years, the teens i've known who tortured animals went on to have domestic violence records, became convicted felons, or murderers unless there was intervention. I found this article because I belong to the ASPCA, the Humane Society of the US, and Defenders of Wildlife. Do you all realize how many animal abuse cases from West Virginia make national and international headlines? Pennsylvania and Ohio have just as many. Florida reduced its huge number of animal and child abuse cases by making these actions FELONIES, punishable by prison time, thousands of hours of community service and huge fines. The people in WV, PA, and OH (including my relatives) need to pressure their state legislatures to do the same. It will change your reputations and save lives.
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SphinxRising58
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11-17-08 8:32 PM
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jeffww: Oh so true word my unknown friend, as many serial killers & rapists are known to have killed & tortured small animals in the beginning before they moved on to bigger prey, people.
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whg26003man
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11-17-08 5:06 PM
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I disagree with most posters on this issue. While these kids probably have some serious issues, trying them as an adult is not the answer? What do we do, put them in jail? They sure wont receive the HELP they need in there. There simply is no good counseling in jail. Yes they deserved to be punished, but animal cruelty is not on the level as treason, murder, arson, or sexual assault. What next, try them as adults for every felony? How about breaking and entering? Or shoplifting? It is a slippery slope I dont think we need to go down. There is a reason for the juvenile justice system and it provides the best chance for these kids to get both the punishment and help the need.
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richardwhee
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11-17-08 1:52 PM
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Just for discussion-- What do you people think of dropping live lobsters in boiling water? Seem civilized to you?????
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Ladydiamond
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11-17-08 11:57 AM
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Cruelty to animals is extremely serious and is one of the first signs that these kids will behave similarly or worse in adulthood. The way this is handled now will alter the way these kids make decisions later on. Obviously, they need immediate and intense psychological counseling. The parents should be directed to actively participate as well. Incarceration in a juvenile facility should be mandatory and long term follow up and probation upon release.
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Mom2Four
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11-16-08 9:30 PM
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I would like to think the petition is doing some good. Cramer is notorious for being a softy on juveniles (the whole judicial system is). I think it has helped already. Normally, first time offenders would get 90 days probation. No muss, no fuss. A couple of these boys did a few days in Lincoln so maybe Cramer listened to us. One of the moms is up-in-arms because her son was un-invited to the football banquet. She doesn't think that's fair.
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beach1
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11-16-08 8:04 PM
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why don't we just blame president bush and forget it. nuf said. stab
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Destroyallmonsters
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11-16-08 7:56 PM
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LK0812, I stand corrected. And on a side note, anybody that gets their news from the comments on a blog is an idiot.
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LK0812
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11-16-08 7:09 PM
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DEstroyallmonsters writes "Unfortunately, they will probably be acquitted just like the psycho who threw a cat off the balcony in Moundsville several months ago." This is the exact type of misinformation that is rampant in these blogs. This guy, J.J. Carney, that threw the cat off the balcony was JUST indicted by the grand jury on 11/12 (last Tuesday) and hasn't even made his initial appearance in circuit court, let alone been aquitted. Why don't people get a clue before they post stuff like this?
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Destroyallmonsters
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11-16-08 6:49 PM
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"So string these kids up at the end of a rope and let Alan Mollohan keep on stealing tax payers money with no punishment." Can't you leave politics out of any of your posts? I'm sure these kids decided to kill this cat because some politician is corrupt. Give me a break.
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miranda26041
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11-16-08 5:57 PM
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wvforsale, I am by no means a perfect parent nor do I pretend to be. I am a 27 year old first time parent. I have been taking parentig classes for 6 months now, and dont plan to stop any time soon. I've learned alot, but I have also learned that my ONE year old son has been and will always be a mirror of myself. And I dont plan on lighting cats on fire any time soon!!!!
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think4urself
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11-16-08 5:26 PM
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All three of these teenagers were old enough to know right from wrong, even my 12 year old knows doing something like this is wrong! The parents may be partly to blame, especially if one of the parents did say that burning cats was what he did for fun as a kid but ultimately it still falls on these three teen's heads and they should be punished to the maximum extent of the law and yes, I do believe we need to change the law so that acts like this against animals are considered for adult prosecution. Leah is right to wonder what their next step or should I say victim will be and I wouldn't doubt that it will be a human next time or sometime in the near future if these three aren't dealt with soon.
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Destroyallmonsters
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11-16-08 2:31 PM
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This isn't about different parenting techniques or society. Lets not go down the road of placing blame. The blame lies squarely with these teens. These three teenagers should be charged as adults. They knew their actions would cause suffering and death to this cat, and they still proceeded with their plan. Unfortunately, they will probably be acquitted just like the psycho who threw a cat off the balcony in Moundsville several months ago.
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LittlePeople
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11-16-08 2:22 PM
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I don't what kind of environment some of you grew up in, but I have never heard anyone say that they lit up animals on Halloween, just for "fun". What kind of sick individuals do you have in your families, and what else have they done to some of your family members? Maybe you should give the family tree a little shake!
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richardwhee
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11-16-08 1:40 PM
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Portal-- You hit the nail on the head. It is "OUR" culture. Things have really changed in the paat 40 or so years. Our way of life and morals have gone down hill. Also too many people have raised their kids according to Dr. Spock. Spare the rod and spoil the child seems to prevail.
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einsteen
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11-16-08 12:51 PM
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17 year old = know better.Hmmmm.Sounds like an oxymoron to me.
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einsteen
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11-16-08 12:46 PM
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The sad thing is that these kids were probably emulating their elders. I have had more than one senior citizen say that back in the day that this is what they did for kicks!
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RICO23
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11-16-08 12:44 PM
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The idea came from one of the kids dads who told his son on Halloween "We used to light cats on fire and watch them run down the street" as he was intoxicated. Another question why is a 17 yr old hanging out with 14 yr olds. Shouldn't the 17 yr old know better?
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acousticportal
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11-16-08 12:26 PM
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First of all...the advice of armchair psychologists is about as valid as a jet pilot who thinks playing a simulator is a license. Let's face it, kids do stupid things. Some kids have learned to drink, some learn to hit women, some don't learn anything at all. This situation is much deeper than some bad kids and bad parents, it's about a culture. Think about it.
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topofthehill
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11-16-08 11:13 AM
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These "kids" surely have phych problems. It is widely known that kids with involved with animal cruelty often end up committing major..serious crimes. Too bad they will not be tried as adults. We will surely be dealing with them later. And lets not forget the idiot parents. JackSplat
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Clyde1
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11-16-08 11:02 AM
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Good thing the parents did not swat the kids on the butt when they were brought home. They (the parents) would have gone to jail and the kids will get off with "a severe talking ". Blame the court system, kids will get away with as much as they are allowed.
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Mountaineer4life
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11-16-08 10:52 AM
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WVFORSALE: I have read some of the comments you have left on various stories. What you have written leads me to believe you are part of your childs problem. You have made some "juvenile" remarks. So, maybe you need to grow up first, then your children will. Also, I believe Mr. Cramer will get these kids what they deserve.
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LittlePeople
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11-16-08 10:37 AM
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wvforsale, you permit the problems you described. If you've never been consistent with your parenting, you deserve what you're getting. Our children are in their mid to late twenties, and I can honestly say that that homework and chores were completed before social activities, television, video games, etc. As for talking back, all kids do that every now and then, but in our house, we had a "no dialogue" rule when it came to "this is the way it is." All three are college grads, so we must have done something right, although like every parent, we could rewrite some events, if given the choice. By and large, we as parents, reap the fruits of the seeds we sow, anyway you look at it.
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