Should a Windsor man convicted of animal abuse get jail time? Or house arrest?
Warning: Contains graphic content.
Tyler Vassell, 31, previously pleaded guilty to a single charge of causing unnecessary suffering to an animal.
It stems from an incident in the early morning hours of Nov. 2, 2019, when a puppy, named Kojakt was seriously injured by its owner.
In a sentencing hearing Friday, assistant Crown attorney Jayme Lesperance told the court Kojakt suffered “profound blunt force trauma to the head and neck.”
Lesperance played a series of five videos, obtained from surveillance cameras inside the east Windsor apartment building where the assault occurred.
“This is a crime of violence,” Lesperance told the judge.
Over fewer than 15 minutes, Vassell is seen striking the dog multiples in an elevator and in a hallway.
Lesperance describes the assault as a “series of blows to the head,” “multiple punches” and the video shows the dog being kicked in the ribs up against the elevator door.
At the time, an alert neighbour called police who investigated and the dog was taken into the custody of the Windsor/Essex County Humane Society.
In a case summary, the humane society’s veterinarian detailed Kojakt’s injuries which include a “profoundly swollen neck” and significant soft tissue and muscle injuries on the spinal cord.
The vet noted Kojakt “screamed out in pain” when they tried to help him.
Kojakt did not suffer any broken bones as a result of the assault.
After six weeks, the vet noted some improvement in motion and Kojakt was gaining weight.
However, Kojakt’s hind right limb was atrophied from lack of use while he recovered, so the dog’s gait was impacted.
Today, Kojakt is in the care of a foster family with the humane society, has had a complete hip replacement, the dog can no longer wear a collar and is expected to be on pain medication “long-term.”
The humane society has issued a Statement of Restitution valued at $1,817.60 for Vassell to pay upon sentencing.
He agreed Friday to surrender Kojakt over to the humane society.
Defence lawyer Frank Miller told the court Vassell’s actions were completely out of character, and that he was having a “difficult time” that night.
“Everybody gets angry,” Miller told the judge. “But not everybody does this to an animal.”
Miller says Vassell has no explanation for why he lost his temper or what caused him to assault Kojakt, referring to it as an “isolated act.”
Miller is asking the court to sentence Vassell to six months house arrest because he is the sole income provider to his girlfriend, their child and her three children.
Vassell told the court, “I feel bad about what I did. It wasn’t right. All I can say is that’s not me as a person.”
Lesperance agreed a conditional sentence (house arrest) was available under the criminal code but believes “it’s inappropriate” given the “level of violence.”
Lesperance asked the judge to consider, as Kojakt’s owner, Vassell was in a “position of trust” and noted during and after the assault, the dog kept returning to his owner.
The Crown also asked the court to consider why Vassell has no explanation for what made him injure the dog.
“We might not understand it but at least we could reconcile his actions,” Lesperance said.
“Custody is required,” Lesperance told the judge when asking for a jail sentence of nine to 12 months plus a 10-year ban on owning or residing with any pets.
As for Kojakt, Lesperance told the court he “might have a chance for a home” when he gets better while noting the dog is “never going to have the life he had.”
The Judge will sentence Vassell on Friday, Aug. 12.
CTVNews.ca Top Stories
Fluid in eye cells can 'boil' if you watch the eclipse without protection: expert
Millions of people in parts of Eastern and Atlantic Canada will be able to see the rare solar eclipse happening on April 8. But they should only look up if they have proper eye protection, experts say.
CRA no longer requiring 'bare trust' reporting in 2023 tax return
The Canada Revenue Agency announced Thursday it will not require 'bare trust' reporting from Canadians that it introduced for the 2024 tax season, just four days before the April 2 deadline.
NEW More unauthorized products for skin, sexual enhancement, recalled: Here are the recalls of this week
Health Canada and the Canadian Food Inspection Agency recalled various items this week, including torches, beef biltong and unauthorized products related to skin care and sexual enhancement.
Where is the worst place for allergy sufferers in Canada?
The spring allergy season has started early in many parts of Canada, with high levels of pollen in some cities already. Experts weigh in on which areas have it worse so far this season.
Do these exercises for core strength if you can't stomach doing planks
Planks are one of the most effective exercises for strengthening your midsection, as they target all of your major core muscles: the transverse abdominis, rectus abdominis, external obliques and internal obliques. Yet despite the popularity of various 10-minute plank challenges, planking is actually one of the most dreaded core exercises, according to many fitness experts.
He didn't trust police but sought their help anyway. Two days later, he was dead
Jameek Lowery was among more than 330 Black people who died after police stopped them with tactics that aren’t supposed to be deadly, like physical restraint and use of stun guns, The Associated Press found.
Grandparent scam: London, Ont., senior beats fraudsters not once, but twice
It was a typical Tuesday for Mabel Beharrell, 84, until she got the call that would turn her world upside down. Her teenaged grandson was in trouble and needed her help.
Polar ice is melting and changing Earth's rotation. It's messing with time itself
One day in the next couple of years, everyone in the world will lose a second of their time. Exactly when that will happen is being influenced by humans, according to a new study, as melting polar ice alters the Earth’s rotation and changes time itself.
Sunshine list: These were the Ontario public sector's highest earners in 2023
Ontario released its annual sunshine list Thursday afternoon, noting that the largest year-over-year increases were in hospitals, municipalities, and post-secondary sectors.