Moparmike
Member
http://www.newsday.com/news/nationw...76565.story?coll=sns-ap-nationworld-headlinesWoman Gets Criminal Record for Petting Dog
By Associated Press
March 11, 2004, 10:01 AM EST
SAN JOSE, Calif. -- All Tamar Sherman wanted to do was pet a dog and give it some water. Sherman's act left her with a criminal record.
A few months ago, Sherman was walking near her South San Jose home and encountered a dog left outside in the cold while its owners were inside.
Sherman, a member of a national group called Dogs Deserve Better, decided to pet the dog on a few occassions and once gave it water. That didn't please the dog's owner.
"When I went out there to fill up the dog bowl, this woman was standing in my back yard," attorney Ron Berki told the San Jose Mercury News. "My response was, `Who ... are you?' She told me, `I'm here to pet your dog.'"
For that, Sherman pleaded guilty this week to two misdemeanors -- trespassing and prowling -- and was sentenced to 75 hours of community service and a year of probation. She also was ordered to stay at least 100 yards away from Berki's home.
"I just wanted to find out if a dog that seemed to be in distress was OK," Sherman told the paper. "I do not think my actions were a crime in comparison with abuse or neglect of +animals+."
Berki denies that his dog, Bailey, was abused or neglected, saying the dog sleeps inside with him every night.
"If Miss Sherman was so concerned about my dog, it would have been easy to come to my front door and speak to me directly," he said.
What I find appalling is how easy it is to abuse a law in my home town (where this didnt happen) relating to this issue, where trespassing to ensure the welfare of an animal is perfectly legal if you beleive its life is in danger, IIRC. Now while I dont condone trespassing nor the mistreatment of animals (infact, I treat my dog like she is my own child *pets fwappy-eared beagawy poopy-dawg * ) , I can see many people abusing this law here. We have had Animal Control called at least a half-dozen times because we let our dog out from noon to 3pm and she barks at squirrels. Even had a neighbor fake a neighborhood coalition and ask that we "discipline the dog not to bark."
This lady needs a good dose of common sense. Like I said above, I love my dog like she is my own, and if I saw some stranger in my yard they might be looking down the wrong end of a 12ga persuasion stick if they decide to get uncooperative. Some of us dont take kindly to trespassing, yet a knock on the door is well recieved. Logic, its whats for dinner.â„¢