COLDWATER, MI (WTVB) – Branch County Prosecutor Zach Stempien has released a statement after a plea agreement was filed this week in a high profile case that involved the shooting of a dog in the head last summer.
21-year-old Alex James Carr was charged with a felony of Torturing, Mutilating, or Killing an Animal and a misdemeanor count of animal cruelty after an investigation by the Branch County Sherriff’s Department.
According to court documents, Carr shot the dog after it chewed on his child’s toys and clothes. Animal Aid of Branch County took care of the dog after the shooting.
On Monday in Branch County Circuit Court, Carr pled guilty to Attempted Torturing, Mutilating, or Killing an Animal which is a 2-year high-court misdemeanor as well as to the charge of animal cruelty.
Stempien says the plea agreement does not restrict the Court in imposing a term of incarceration as the Court deems appropriate. The parties also agreed that Carr would complete anger management, a psychological evaluation and community service in addition to paying restitution to the organizations that cared for the injured animal. He also agreed to not own any animals during the course of his probation.
There was also a stipulation that Carr forfeit any interest he had in Janey to a safe third-party and remove other animals in his care.
Stempien stated Michigan law significantly restricts the maximum potential term of incarceration that could be imposed on Carr.
He said, “Michigan Courts are required to consult sentencing guidelines when sentencing a person to jail or prison, which determines the range of the minimum term of incarceration. Michigan law holds that if a Defendant is sentenced within the guidelines, his sentence is presumed proportionate, which in most cases results in the sentence remaining within the minimum sentencing guidelines. In this case, the Defendant’s guideline range resulted in a very low term of incarceration in the county jail. In other words, a lengthy term of incarceration was unlikely based upon Michigan law. Considering the likely low term of incarceration, the focus turned on seeking justice through monetary punishment, rehabilitation, and correction. The plea agreement offered by the Prosecuting Attorney’s Office and accepted by the Defendant requires the Defendant to repay those who cared for Janey, seek and complete treatment focused on preventing similar conduct in the future, and protects other animals by prohibiting the Defendant from possessing any animal during his probation. Since the date of the incident, Janey has showed great strength in recovering from her injuries and is a true survivor. The resolution reached in this matter finally closes the book on such a gruesome chapter in Janey’s life. The Branch County Prosecuting Attorney’s office would like to thank the Branch County Sherriff’s Department for their investigation in this matter and Animal Aid of Branch County and all of those who donated to the benefit of Janey for their selfless love and compassion for Janey.”
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