How many times have you heard a heartbreaking story of animal cruelty and hoped for justice, only to be disappointed and frustrated to hear that the defendant was given probation or, at most, a short jail sentence?
Michigan Humane is working with other stakeholders to ensure that appropriate sentences are given in cases of felony animal abuse against companion animals. Our proposed legislative solution to this problem is to modify Michigan’s sentencing guidelines, which treat felony animal abuse as a crime against property, so that more points are assigned – and higher recommended sentences are generated – when the defendant is convicted of felony animal abuse against a companion animal. We described the function of the sentencing guidelines and our plan for amending them in a past article.
A seven-bill package that would amend the sentencing guidelines was recently introduced by lead sponsor Rep. Stephanie Young and a bipartisan group of sponsors and co-sponsors, including HB 5587 (Rep. Stephanie Young), HB 5588 (Rep. Veronica Paiz), HB 5589 (Rep. Joseph Aragona), HB 5590 (Rep. Penelope Tsernoglou), HB 5591 (Rep. Mike McFall), HB 5592 (Rep. Brenda Carter), and HB 5593 (Rep. Pat Outman).
These changes to the sentencing guidelines will help to effectuate the changes to Michigan’s statute prohibiting cruelty to animals, MCL § 750.50b, which, with Michigan Humane’s support, was amended effective March 21, 2019. The amendments created three degrees of animal cruelty felonies. In recognition of the connection between violence against humans and animal abuse and the human-animal bond, first- and second-degree animal cruelty criminalize cruelty against companion animals, including situations where an abuser threatens or harms a companion animal “with the intent to cause mental suffering or distress to a person or to exert control over a person.”
These amendments to the anticruelty statute were applauded by animal advocates because they came with longer potential sentences, including a maximum sentence of ten years for first degree, seven years for second degree, and four years for third degree animal cruelty. Previously, the statutory maximum sentence for violating MCL § 750.50b was four years.
Unfortunately, despite the longer sentences that are available under the statute, unless a defendant has a prior criminal record, Michigan’s current sentencing guidelines fail to generate prison or even jail time for felony animal cruelty.
Consider the 2023 case involving Bear, a black Labrador Retriever belonging to Samantha and Justin Olds. Bear wandered onto the Olds’ neighbor’s property. The neighbor, Thomas Middaugh, shot and killed Bear and then dismembered his body, hiding his remains in a box in his barn. Middaugh pleaded guilty to third-degree animal cruelty and was sentenced to 60 days in jail, with two days credit, and 24 months of probation. The 28th Circuit Court judge who sentenced him said that he was constrained by Michigan’s sentencing guidelines and is quoted as saying, “If you don’t like it, contact your legislature.”
That is exactly what we have done, and we are grateful to the legislators who heard us and are sponsoring and cosponsoring this bill package. Enforcement, including imposing meaningful sentences when defendants are found guilty, is critical to the value of our animal protection laws, the protection of humans and animals, and the administration of justice.
We are going to keep working to improve animal welfare and create a more humane community while serving as a voice for the animals through advocacy. Together, we can continue to make a difference in animals’ lives. If you know someone who you think would be interested in this information, please forward this to them and encourage them to sign up for our Legislative Action Network at https://www.michiganhumane.org/advocacy/.