N.J. - Man Hangs his Dog and then Calls Police

[VoluntaryAmerican]

HIGHLANDS — A Highlands man is in custody after allegedly hanging and killing his dog in his Seadrift Avenue home, police said today.

Philip Hollembeak, 57, was allegedly in bed Monday night with his Chesapeake Bay Labrador when the dog nudged him, said Monmouth County SPCA police chief Victor "Buddy" Amato. Hollembeak nudged back and the dog, Otter, began to growl.

"He decided he was going to discipline him and show him who's boss," Amato said. "He took a leather tether leash attached to a choker collar and hung the dog over a closet door."

Hollembeak called police this morning to dispose of the 3-year-old animal. Amato said he then notified and arrested Hollembeak, charging him with "needlessly killing a living creature" and "procuring the act," Amato said.

If convicted, Hollembeak could face up to a year in jail.

http://www.nj.com/monmouth/index.ssf/2012/11/nj_man_accused_of_hanging_killing_his_dog_in_monmo uth.html

[Dr.3D]

Well, I would say, the man is two times nuts. He is crazy for hanging his dog and crazy again for calling the police to report it.

[specsaregood]

Well, I would say, the man is two times nuts. He is crazy for hanging his dog and crazy again for calling the police to report it.

He shoulda skipped a step and just called the police.

[Dr.3D]

He shoulda skipped a step and just called the police.
Then both him and the dog would probably be dead.

[specsaregood]

Then both him and the dog would probably be dead.

From the sound of it, that would probably a winx2 for NJ taxpayers.

[aGameOfThrones]

People think they can just take the law into their own hands and not expect to be punish. Why didn't he just call the cops?

[PaulConventionWV]

HIGHLANDS — A Highlands man is in custody after allegedly hanging and killing his dog in his Seadrift Avenue home, police said today.

Philip Hollembeak, 57, was allegedly in bed Monday night with his Chesapeake Bay Labrador when the dog nudged him, said Monmouth County SPCA police chief Victor "Buddy" Amato. Hollembeak nudged back and the dog, Otter, began to growl.

"He decided he was going to discipline him and show him who's boss," Amato said. "He took a leather tether leash attached to a choker collar and hung the dog over a closet door."

Hollembeak called police this morning to dispose of the 3-year-old animal. Amato said he then notified and arrested Hollembeak, charging him with "needlessly killing a living creature" and "procuring the act," Amato said.

If convicted, Hollembeak could face up to a year in jail.

http://www.nj.com/monmouth/index.ssf/2012/11/nj_man_accused_of_hanging_killing_his_dog_in_monmo uth.html

Needlessly killing a living creature is a crime? I guess sport hunting should be illegal then. Or is sport hunting a need? I'm so confused.

[presence]

In criminal law, and in analogous uses elsewhere, to “procure” is to Initiate a proceeding to cause a thing to be done; to instigate; to contrive, bring about, effect, or cause.




PROCURE (Black's Law Dictionary) (http://thelawdictionary.org/procure/#ixzz2DTDv6zqw)


http://www.animallaw.info/statutes/stusnjst4_22_15_57.htm#s26

New Jersey Statutes Annotated . Title 4. Agriculture and Domestic Animals. Chapter 22. Prevention of Cruelty to Animals.
Citation: N. J. S. A. 4:22-10 - 60
Last Checked by Web Center Staff: 02/2012



4:22-26. Acts constituting cruelty in general; penalty A person who shall:

a. (1) Overdrive, overload, drive when overloaded, overwork, deprive of necessary sustenance, abuse, or needlessly kill a living animal or creature, or cause or procure, by any direct or indirect means, including but not limited to through the use of another living animal or creature, any such acts to be done;
(2) Torment, torture, maim, hang, poison, unnecessarily or cruelly beat, or needlessly mutilate a living animal or creature, or cause or procure, by any direct or indirect means, including but not limited to through the use of another living animal or creature, any such acts to be done;
(3) Cruelly kill, or cause or procure, by any direct or indirect means, including but not limited to through the use of another living animal or creature, the cruel killing of, a living animal or creature, or otherwise cause or procure, by any direct or indirect means, including but not limited to through the use of another living animal or creature, the death of a living animal or creature from commission of any act described in paragraph (2) of this subsection;
b. (Deleted by amendment, P.L.2003, c. 232).
c. Inflict unnecessary cruelty upon a living animal or creature, by any direct or indirect means, including but not limited to through the use of another living animal or creature; or unnecessarily fail to provide a living animal or creature of which the person has charge either as an owner or otherwise with proper food, drink, shelter or protection from the weather; or leave it unattended in a vehicle under inhumane conditions adverse to the health or welfare of the living animal or creature;
d. Receive or offer for sale a horse that is suffering from abuse or neglect, or which by reason of disability, disease, abuse or lameness, or any other cause, could not be worked, ridden or otherwise used for show, exhibition or recreational purposes, or kept as a domestic pet without violating the provisions of this article;
e. Keep, use, be connected with or interested in the management of, or receive money or other consideration for the admission of a person to, a place kept or used for the purpose of fighting or baiting a living animal or creature;
f. Be present and witness, pay admission to, encourage, aid or assist in an activity enumerated in subsection e. of this section;
g. Permit or suffer a place owned or controlled by him to be used as provided in subsection e. of this section;
h. Carry, or cause to be carried, a living animal or creature in or upon a vehicle or otherwise, in a cruel or inhumane manner;
i. Use a dog or dogs for the purpose of drawing or helping to draw a vehicle for business purposes;
j. Impound or confine or cause to be impounded or confined in a pound or other place a living animal or creature, and shall fail to supply it during such confinement with a sufficient quantity of good and wholesome food and water;
k. Abandon a maimed, sick, infirm or disabled animal or creature to die in a public place;
l. Willfully sell, or offer to sell, use, expose, or cause or permit to be sold or offered for sale, used or exposed, a horse or other animal having the disease known as glanders or farcy, or other contagious or infectious disease dangerous to the health or life of human beings or animals, or who shall, when any such disease is beyond recovery, refuse, upon demand, to deprive the animal of life;
m. Own, operate, manage or conduct a roadside stand or market for the sale of merchandise along a public street or highway; or a shopping mall, or a part of the premises thereof; and keep a living animal or creature confined, or allowed to roam in an area whether or not the area is enclosed, on these premises as an exhibit; except that this subsection shall not be applicable to: a pet shop licensed pursuant to P.L.1941, c. 151 (C.4:19-15.1 et seq.); a person who keeps an animal, in a humane manner, for the purpose of the protection of the premises; or a recognized breeders' association, a 4-H club, an educational agricultural program, an equestrian team, a humane society or other similar charitable or nonprofit organization conducting an exhibition, show or performance;
n. Keep or exhibit a wild animal at a roadside stand or market located along a public street or highway of this State; a gasoline station; or a shopping mall, or a part of the premises thereof;
o. Sell, offer for sale, barter or give away or display live baby chicks, ducklings or other fowl or rabbits, turtles or chameleons which have been dyed or artificially colored or otherwise treated so as to impart to them an artificial color;
p. Use any animal, reptile, or fowl for the purpose of soliciting any alms, collections, contributions, subscriptions, donations, or payment of money except in connection with exhibitions, shows or performances conducted in a bona fide manner by recognized breeders' associations, 4-H clubs or other similar bona fide organizations;
q. Sell or offer for sale, barter, or give away living rabbits, turtles, baby chicks, ducklings or other fowl under two months of age, for use as household or domestic pets;
r. Sell, offer for sale, barter or give away living baby chicks, ducklings or other fowl, or rabbits, turtles or chameleons under two months of age for any purpose not prohibited by subsection q. of this section and who shall fail to provide proper facilities for the care of such animals;
s. Artificially mark sheep or cattle, or cause them to be marked, by cropping or cutting off both ears, cropping or cutting either ear more than one inch from the tip end thereof, or half cropping or cutting both ears or either ear more than one inch from the tip end thereof, or who shall have or keep in the person's possession sheep or cattle, which the person claims to own, marked contrary to this subsection unless they were bought in market or of a stranger;
t. Abandon a domesticated animal;
u. For amusement or gain, cause, allow, or permit the fighting or baiting of a living animal or creature;
v. Own, possess, keep, train, promote, purchase, or knowingly sell a living animal or creature for the purpose of fighting or baiting that animal or creature;
w. Gamble on the outcome of a fight involving a living animal or creature;
x. Knowingly sell or barter or offer for sale or barter, at wholesale or retail, the fur or hair of a domestic dog or cat or any product made in whole or in part from the fur or hair of a domestic dog or cat, unless such fur or hair for sale or barter is from a commercial grooming establishment or a veterinary office or clinic or is for use for scientific research;
y. Knowingly sell or barter or offer for sale or barter, at wholesale or retail, for human consumption, the flesh of a domestic dog or cat or any product made in whole or in part from the flesh of a domestic dog or cat;
z. Surgically debark or silence a dog in violation of section 1 or 2 of P. L.2002, c. 102 (C.4:19-38 or C.4:19-39);
aa. Use a live pigeon, fowl or other bird for the purpose of a target, or to be shot at either for amusement or as a test of skill in marksmanship, except that this subsection and subsections bb. and cc. shall not apply to the shooting of game;
bb. Shoot at a bird used as described in subsection aa. of this section, or is a party to such shooting; or
cc. Lease a building, room, field or premises, or knowingly permit the use thereof for the purposes of subsection aa. or bb. of this section --
Shall forfeit and pay a sum according to the following schedule, to be sued for and recovered, with costs, in a civil action by any person in the name of the New Jersey Society for the Prevention of Cruelty to Animals or a county society for the prevention of cruelty to animals, as appropriate, or, in the name of the municipality if brought by a certified animal control officer or animal cruelty investigator:
For a violation of subsection e., f., g., u., v., w., or z. of this section or of paragraph (3) of subsection a. of this section, or for a second or subsequent violation of paragraph (2) of subsection a. of this section, a sum of not less than $3,000 nor more than $5,000;
For a violation of subsection l. of this section or for a first violation of paragraph (2) of subsection a. of this section, a sum of not less than $1,000 nor more than $3,000;
For a violation of subsection x. or y. of this section, a sum of not less than $500 nor more than $1,000 for each domestic dog or cat fur or fur or hair product or domestic dog or cat carcass or meat product;
For a violation of subsection t. of this section, a sum of not less than $500 nor more than $1,000, but if the violation occurs on or near a highway, a mandatory sum of $1,000;
For a violation of subsection c., d., h., j., k., aa., bb., or cc. of this section or of paragraph (1) of subsection a. of this section, a sum of not less than $250 nor more than $1,000; and
For a violation of subsection i., m., n., o., p., q., r., or s. of this section, a sum of not less than $250 nor more than $500.

[AGRP]

Why would you call the police to "dispose" of a dog? Can they take out my trash and babysit my kids too?

[Dr.3D]

PROCURE (Black's Law Dictionary) (http://thelawdictionary.org/procure/#ixzz2DTDv6zqw)


http://www.animallaw.info/statutes/stusnjst4_22_15_57.htm#s26



i. Use a dog or dogs for the purpose of drawing or helping to draw a vehicle for business purposes;
I'm sure that would go over well in Alaska.

Edit: And besides, I've been told, dog art isn't the best in the world either.

[Occam's Banana]

To paraphrase the placard on Ron Paul's desk: "Don't kill your dog. The police hate competition."

[Nirvikalpa]

From the sound of it, that would probably a winx2 for NJ taxpayers.

This. +rep.

[Danke]

People think they can just take the law into their own hands and not expect to be punish. Why didn't he just call the cops?

WTF?

[Danke]

Needlessly killing a living creature is a crime? I guess sport hunting should be illegal then. Or is sport hunting a need? I'm so confused.

I need to take down my flypapers.

[youngbuck]

Lol, I don't feel sorry for him at all. He obviously lacks common sense and has an anger problem. Though, if a dog growled at me while on MY bed, oh man, it would never forget.

[PursuePeace]

I can guarantee that the dog growled at him because it wasn't the first time this guy "showed him who's boss."

[VoluntaryAmerican]

Lol, I don't feel sorry for him at all. He obviously lacks common sense and has an anger problem. Though, if a dog growled at me while on MY bed, oh man, it would never forget.

Or he's just plain crazy.

[Dr.3D]

I can guarantee that the dog growled at him because it wasn't the first time this guy "showed him who's boss."
Maybe the dog was growling at him because he said something about how bad his drawing of a vehicle was. Good thing the guy wasn't trying to sell those drawings. After all, I understand it's illegal to have dogs draw a vehicle for commercial purposes, no matter how good their art may be.

[AFPVet]

I can guarantee that the dog growled at him because it wasn't the first time this guy "showed him who's boss."

Exactly. It's too bad he couldn't have just called the cops. This is one of those situations where it would have been appropriate.

[John F Kennedy III]

Murdering your own animal should not be illegal. It is your property. Animals are not human, it seems more and more people are failing to understand this.

Next you will be investigated and put on trial when your goldfish dies.

[PursuePeace]

Animals are not human,

You're not a dog guy, I take it?

[tod evans]

I'm a "dog guy"......Sadistic as this idiot was, a man can (or should be able to) put his dog down any time he chooses for any reason.

Big difference between the owner of an animal putting it down and a public servant putting it down without the owners permission.

I will never vote for any law giving an animal "rights" no matter how well worded or heart jerking it is, just as I will never advocate any government employee killing a domestic animal without video proof that said animal was a clear and present danger to a private citizen..

[John F Kennedy III]

You're not a dog guy, I take it?

That's not the case at all. I just don't mistakenly put them on the same level as humans. And I don't think I'll ever take any animals to the vet unless I have plenty of money.

[John F Kennedy III]

I'm a "dog guy"......Sadistic as this idiot was, a man can (or should be able to) put his dog down any time he chooses for any reason.

Big difference between the owner of an animal putting it down and a public servant putting it down without the owners permission.

I will never vote for any law giving an animal "rights" no matter how well worded or heart jerking it is, just as I will never advocate any government employee killing a domestic animal without video proof that said animal was a clear and present danger to a private citizen..

+rep

[PursuePeace]

That's not the case at all. I just don't mistakenly put them on the same level as humans. And I don't think I'll ever take any animals to the vet unless I have plenty of money.

Have you ever had an animal? It doesn't sound like you have much experience with them, maybe?

[John F Kennedy III]

Have you ever had an animal? It doesn't sound like you have much experience with them, maybe?

I am used to living on the lower end of poor. To say the least. I have had animals. I understand how I may sound. I meant I am not going to risk starving me/my family and putting myself/us on the street for an a vet bill. I love animals. I do. But at a certain end of the pay scale, you have to be practical. I first commented in this thread because I know there are people who put themselves in bad financial situations over animals (the vet bills). In this economy, and especially knowing it's going to collapse, we have to be more practical. That's all I'm trying to say. Only pay that vet bill if it will still leave you financially comfortable. There's a difference in being compassionate and putting yourself in a bad spot when you don't have to.

I hope this helps clear that up.

[heavenlyboy34]

I am used to living on the lower end of poor. To say the least. I have had animals. I understand how I may sound. I meant I am not going to risk starving me/my family and putting myself/us on the street for an a vet bill. I love animals. I do. But at a certain end of the pay scale, you have to be practical. I first commented in this thread because I know there are people who put themselves in bad financial situations over animals (the vet bills). In this economy, and especially knowing it's going to collapse, we have to be more practical. That's all I'm trying to say. Only pay that vet bill if it will still leave you financially comfortable. There's a difference in being compassionate and putting yourself in a bad spot when you don't have to.

I hope this helps clear that up.
You have a family? ZOMG, JFK3 was allowed to procreate! :eek:

[Origanalist]

Have you ever had an animal? It doesn't sound like you have much experience with them, maybe?

It depends entirely on the size of the bill. This business of spending massive amounts of money on your pets is something foreign to me. I don't care how well loved the pet is, if we start talking cancer treament and such that the bill is going to be sky high then no, they aren't on the same level as humans and I will put the animal down personally.

[John F Kennedy III]

You have a family? ZOMG, JFK3 was allowed to procreate! :eek:

LOL. Not yet. I meant my future family.

[John F Kennedy III]

It depends entirely on the size of the bill. This business of spending massive amounts of money on your pets is something foreign to me. I don't care how well loved the pet is, if we start talking cancer treament and such that the bill is going to be sky high then no, they aren't on the same level as humans and I will put the animal down personally.

This. You can always get a new pet. People are always complaining about pet overpopulation. Go find a stray or go adopt a pet for $60. Its alot cheaper than these types of vet bills.

[heavenlyboy34]

LOL. Not yet. I meant my future family.
:eek: If this threat ever materializes, I will start a chip-in to get you a vasectomy. ;) :D lolz

[Dr.3D]

It depends entirely on the size of the bill. This business of spending massive amounts of money on your pets is something foreign to me. I don't care how well loved the pet is, if we start talking cancer treament and such that the bill is going to be sky high then no, they aren't on the same level as humans and I will put the animal down personally.
You keep talking about the size of the bill. Perhaps you are thinking about having a duck for a pet? :p

[Kregisen]

Another debate on animal rights.....I do not believe there should be "animal rights", but at the same time, I won't fight a law like this until we get every other law in the country fixed. I agree in theory, but in practical terms, I'm fine with there being punishments for torturing dogs. I'm not going to fight for a "perfect society" of laws until everything else gets perfected, such as drugs legalized, being able to hire/fire people for any reason, having the right to a trial with a jury, etc. There are just too many issues today that are far from perfect - that I will not spend the time trying to fight one like this that I may agree philosophically but ends up with someone strangling their dog because they have anger issues. Screw him. If you can't handle having a dog, don't f***ing get a dog.

Thanks.

[PursuePeace]

I am used to living on the lower end of poor. To say the least. I have had animals. I understand how I may sound. I meant I am not going to risk starving me/my family and putting myself/us on the street for an a vet bill. I love animals. I do. But at a certain end of the pay scale, you have to be practical. I first commented in this thread because I know there are people who put themselves in bad financial situations over animals (the vet bills). In this economy, and especially knowing it's going to collapse, we have to be more practical. That's all I'm trying to say. Only pay that vet bill if it will still leave you financially comfortable. There's a difference in being compassionate and putting yourself in a bad spot when you don't have to.

I hope this helps clear that up.

It does and appreciate you taking the time to reply. Everyone is different. I worked for years with abused/neglected animals so I just have a different perspective. Instead of going into a whole thing here, I'll just say.... if you (general you) can't afford to care for a pet (normal cost of care) then maybe don't have a pet. (Or at least don't take on more than you can handle.) Or if the pet needs help, reach out to a rescue who can perhaps offer low-cost medical care. There are a lot of people out there who care and are willing to help.

[Qdog]

It depends entirely on the size of the bill. This business of spending massive amounts of money on your pets is something foreign to me. I don't care how well loved the pet is, if we start talking cancer treament and such that the bill is going to be sky high then no, they aren't on the same level as humans and I will put the animal down personally.

I totally agree. I would take it a step further and apply this cost-benefit approach to humans as well. I dont want to have to pay for someones 1 pound crackbaby without a brain. I remember reading that the average crack-baby costs between $2-5million. Since it is my tax dollars paying for that crack baby's medical treatment, why cant I have them put to sleep just like i would a sick dog? There are after all, plenty of other healthy babies that need food and shelter and medical care, and since my tax money is stolen from me and appropriated for the health care of infants, I find it wise to allocate that money in the most cost effective way.