25 Years To Life And Deservedly So
 

California Man Who Beheaded Dog Sentenced to 25 Years to Life

SANTA ANA, Calif. - A man who beheaded the German shepherd he had named for his girlfriend was sentenced Friday to 25 years to life under the state's three-strikes law.

James Abernathy, 43, of La Habra, was convicted in June of felony animal cruelty for killing the dog, named Marie, after a fight with his girlfriend.

Abernathy would have faced a maximum of six years if not for two prior convictions in 1986 for assault with a deadly weapon.

"The community is much safer after the judge's ruling," said Deputy District Attorney Heather Brown.

Defense lawyers claimed Abernathy suffered from schizophrenia and psychotic delusions. The judge, however, ruled he was sane at the time of the January 2002 violence.

"In the two years I've known him, he's been on anti-psychotic medication and he's probably one of the calmest, most rational, pleasant people I've ever dealt with in this system," said Abernathy's attorney, William Morrissey.

He must serve at least 20 years before he becomes eligible for parole, Brown said.


:321GFY

I think killing dogs is sick but 25 years?

Thats kind of overkill

kinda of fucked up, some people get less time for more serious crimes

did you not read the part about the three-strike law, and the fact he was convicted of two counts of assault with a deadly weapon? - then he beheaded a dog, yeah none of those are serious crimes, wtf?

if they give him 30 days and turn him loose, do you want him in your community?
the dude has a problem if he has been on meds and has a history of mental problems.
maybe in that time they can get him some help.
the dude is sick and does need some help.

Third strike.

Said his other charges were from over 20 years ago. Does the 3 strike rule have a time limit? I'm assuming it doesn't.

One of the red flags of a potential serial killer is cruelty to animals.

:2 cents:

Still people doing much worst have got much less time.

What a freak

ok, when he gets out we will have him live next door to you

He's got a mental problem instead of wasting money lets just take him out back and shoot him! Cleaning the gene pool is a good thing.

Thank god. So no matter what he will serve 20 years for sure? Its so hard to tlel when somone gets sentanced how long they will serve. He earned it :321GFY

he didnt get 25 to life for killing a dog, he got 25 to life for breaking california's third strike rule

2 accounts of assault with a deadly weapon + beheading a dog.. the sentence is good for him

Cruelty to animals as a child, if I recall correctly.

This crime seems like a crime of passion. Yes, it was extremely cruel to an animal, but I'm willing to bet he did it to "get back" at his girlfriend or something like that.

hmmm, interesting respondces

Doesn't anyone else see this? Obviously there's something not quite right with this guy..

Hes needs therapy instead of jail time/

yep. so lets put him in jail, force feed him processed food, poop soup, zombie water and medication :thumbsup If he is still alive in 25 years im sure he will be in really good shape.

Next time you eat some poultry, ask yourself how it got to your plate. :2 cents:

This man needs to be in a mental institutuion for life...

Indeed, its a horrid process from birth to death for the birds.

I was channel surfing this morning and one of those Sunday hunting shows came on and I watched these dumb fucking rednecks down in Texas quaking like ducks to lure the birds in and then blowing them away with their shotguns. Idiots like that's hard to do. They acted like they were SEAL snipers or something hitting targets 2000 ft out. LOL. I can't stand hunting. I know a lot of people justify it by saying it keeps the populations in check and they will starve to death anyway, but to me I can't imagine looking into a scope and seeing an animal look back and pulling the trigger on it. I like target shooting, but killing innocent animals for sport is creepy to me.

good. that hell hole is like 20 minutes from newport beach.

And everyone was incredulous at the Turkish justice system that sentenced those kids to ridiculous jailtime :flagface

someone should cut off his head

What a sick fuck.

California's three strikes rule is bullshit. So is giving that guy the death sentence. Think about it. How long can people live in jail? Something like that is just a waste of a life - and a waste of millions of dollars and resources to keep him locked up years after this has gone away.

I don't like the cruelty to animals at all, but the punishment does NOT fit the crime - he is being held responsible for crimes committed 18 years ago all over again. That's the point of restrictions on double jeopardy and the point of a parole system in the first place. If he's already done the time, it's over, and he should be able to start clean.

that guy is really sick :(

while i dont condone cruelty to animals, id be the first to stick up for any poor animal being abused. It is just a dog though, where i grew up, people would kill their dogs from time to time. mostly farmers and they had reasons, like it was atacking their sheep etc etc


I don't know, i do not fully get the 3 strike rule, i think like virtumike on this one, if you have already finished wiht one sentence why should it fuck you over 18-20 years later?

waste of money, he should have been charged a huge fine, and made to attend some sort of therapy.

shizophrenia is a horrible disease. I know the judge ruled him sane when he commited the crime, but for some reason i doubt it (of course pure guess)

I don't think he deserves 25 years, he definitely needs to be commited to a mental instituion however.

That is utter bullshit.

If i rape a girl and spend a year in jail, then go out an rape another girl do you think the previous rape conviction should come into play? Of course it should.

What if i go out and shoot someone, spend some time in jail, then go out and rape someone and spend more time in jail then go out and kill another 2 people...you dont think any of the previous crimes i've committed should be taken into consideration when im before the court?

not really considering an animal is more defenseless then a human.

he shouldn't even be eligible for parole.....ever.

What we need is a system where if a schizophrenic commits a crime he can be given the option of mandatory meds, where he has to check in regularly with a psychiatrist and get monitored. Like probation, where failure to take meds would be a probation violation.

No, you should have been in jail for life after the first rape or murder. However killing a dog after 20 years of your last charge shouldn't lock you up for the rest of your life, especially when you are fucked in the head.

that is pretty much what i was thinking

The US laws are completely fucked!

Stupid 3 strike rule.

You kill a dog; which, no matter how you look at it, is only an animal. I dont care how cute and cuddly some of them are, in the end the dog is just and animal, like a chicken or cow, and you get 20yrs before you have a chance to try to get out.

You severly damage another humans life, either phisically or financially in Canada and you get bout 5 yrs.

Fucked up world!

Under your logic a chicken would also be defenseless.
So every farmer should be jailed for life.

Idiot.

Dogs are not humans! They contribute nothing to society other than some compation to ppl. If you wanna fill the void of nothing having a kid, make a kid. If you cant, adopt!

california 3 strike rules is BULLSHIT

there are people getting 25 years for stealing PIZZA , some guy allegedly stole a slice of pizza of a student because he was hungry , he was already convicted for other things twice previously , and now has to serve 25 years in prison for stealin a fuckin piece of PIZZA ? ?

thats just not right :2 cents:

Sick fuck! He should have gotten more in my opinion. :321GFY

lol

so police rescue dogs don't save lives ?

so police drug dogs don't find drugs ?

that is wrong... Public stoning would be more appropriate

Total bullshit.

VERY well said...


that sentencing was beyond excessive...


horrible thing he did, but 20+ years???


as MrPheer mentioned there are a LOT of much much worse crimes that get WAY lower sentencing....

Wow that is a long time!:helpme

The term may be excessive and yes the laws need to be looked at again, but what was next for this guy? Sure its just a "dog" as some like to see but look at the bigger picture. With a temper like that the ex could have been next to be be-headed.

25 years..holy shit, he might as well offed his old lady.

owned :1orglaugh

Imagine how popular he is gonna be in Folsom prison once the other inmates find out he killed a dog.

tourturing and killing animals just leads to killing people... :2 cents:

if I went out and shot someone in the head, I wouldn't get 25 years.

I'd probably serve 6.

He has two prior convictions of assault with a deadly weapon. Then he lops off a dog's head for no real reason.

He has a history of violence, was on medication, and then killed an defenseless animal that did nothing wrong to him. When you are made at your girlfriend it's not acceptable for you to kill your damn dog.

He'll make a good bitch for someone in prision.