Letter to Senator

August 28, 2003

The Honorable Senator Leahy
State of Vermont

Dear Senator Leahy:

It was supposed to be a joyous mid-summer family vacation to Vermont to celebrate the 40th wedding anniversary and renewal of vows of an aunt and uncle. In the four years that we have had the joy of our two children, SHADOW and Lucy, we have never been away from them overnight. If they can’t come with us…we don’t go. From the day we adopted SHADOW on March 3, 1999 and Lucy on July 3, 1999, we have fed them the same meals that we eat, brushed their teeth both night and morning, bathed them several times a week, brushed them 2 or 3 times a day, dressed them in fleece coats in the winter and raincoats in the rain, run them 2 hours in the morning and 2 hours every evening, taken them on every errand…to the bank, the post office, the shops in town, the Naval Academy. They have been in every family photo we have ever had. They rode in the car every time it left our driveway. They went to every party we went to, every wedding we went to, and every funeral we went to.

On July 19, 2003, while attending a family anniversary celebration, our precious little furry son, SHADOW, was shot and killed in Northfield, Vermont. The killer, Mr. Lewis Dustin of Vine Street in Northfield, admitted that he shot SHADOW. He stated, “I have a problem with dogs.” Mr. Dustin used a high-powered pellet gun, (Crosman Model 664GT). Mr. Dustin used a scope on the weapon.

SHADOW bled to death in twenty minutes. He suffered horrifically and died in my arms. The vision of our furry little boy yelping in pain, gasping for air, his body shaking out of control, his lips quivering, his eyes slowly fading and his little tongue hanging out will never, ever leave us. As his mother, I held him close to me, in my arms, rocking him and telling him how much we love him...how special he is. We drove over 100 miles an hour to get our little boy emergency care at the nearest clinic...an hour away. He died on the way. Our child is gone and he suffered so much pain and fear.

We have tried to contact the State’s Attorney (Terry Trono) almost daily since this horrific incident. We have left numerous phone messages, faxes, emails and even a Federal Express package. We have received NO CONTACT whatsoever from Mr. Trono or his staff. Desperately we tried to make contact with Mr. Trono prior to the scheduled arraignment of the killer, Mr. Dustin, on Thursday, August 28, 2003. Denis (Scheele) was successful in speaking with a staff member of Mr. Trono on Wednesday, August 27th. After having been told daily that Mr. Trono was “in court all day”…this staff member (named Deena), told us that in fact, Mr. Trono “is very sick and will not be handling the case.” She was unable to tell us who is handling the case in Mr. Trono’s absence. Denis asked several specific questions as to the scheduled arraignment, only to learn that Mr. Dustin’s attorney had already been in Mr. Trono’s office and had discussed a “plea bargain.” We had no opportunity to give our input. [Mr. Dustin’s attorney advised him to plead “not guilty” at the arraignment].

We are appalled at how our case is being handled by the state of Vermont. We are the victims but we have not even been able to contact the State’s Attorney to discuss the killing, or in any way, request that our voices be heard.

It is beyond comprehension that despite the fact that SHADOW suffered incredible pain from the shot that severed his aorta…he bled to death gasping for air, shaking uncontrollably, yelping and whimpering in fear and pain, this case is not being considered a felony. Under the State Felony Cruelty Statue Vermont § 352a. Aggravated cruelty to animals

A person commits the crime of aggravated cruelty to animals if the person intentionally kills an animal by means causing the animal undue pain or suffering.

Aggravated cruelty under section 352a of this title shall be punishable by a sentence of imprisonment of not more than three years or a fine of not more than $5,000.00, or both. Second and subsequent offenses shall by punishable by a sentence of imprisonment of not more than five years or a fine of not more than $7,000.00 or both. [Vermont law defines a felony as any offense whose maximum term of imprisonment is more than two years, for life or which may be punished by death.]

Furthermore, we are shocked that the deadly weapon used by Mr. Dustin is still in his possession. When we learned this information, we questioned the Northfield police why the gun had not been confiscated. Officer Chad Bassette admitted that both he and the Chief of Police had erred in not taking the gun from Mr. Dustin. Officer Bassette indicated that since they had not confiscated the gun from Mr. Dustin at the time of questioning him about the shooting, at this point, a warrant would have to be issued by the State’s Attorney to have it removed.
Does this mean that the killer still has his high-powered rifle with a scope to kill yet another innocent animal or perhaps a person…even a child the next time?

‘Studies, including those done by the FBI indicate a connection between animal cruelty and other forms of violent, antisocial behavior. They have found that the investigation and prosecution of crimes against animals is an important tool for identifying people who are, or may become, perpetrators of violent crimes against people.’
See attached article “Deadly Serious” by Randall
Lockwood, PH.D. and Ann Church.

Of grave concern to both of us, is the fact that we were both with SHADOW when he was shot and killed. We were also with our other dog, Lucy, and the parking lot of the church was filling up with family members and friends attending the 40th anniversary celebration that we were supposed to attend that afternoon. Sarah especially was in the line of fire, as she was talking to and playing with SHADOW when he was shot and killed. She was able to reach out and touch SHADOW when he was shot.

We feel that Mr. Dustin put our family and perhaps those in the church parking lot at great danger. This should be considered reckless endangerment.

SHADOW was our child. He was our son. He was our pride and joy. We loved him so deeply. As we held his limp body wrapped in a blanket saying our final farewell, we laid SHADOW next to Lucy so she too would be able to say goodbye. There is no understanding how this horrific tragedy could happen. There is no answer…though we continue to search for one. We will never be able to overcome the horror that is left in our minds and the terrible pain that is left in our hearts. SHADOW’s death has changed our lives forever. We miss him more each day.

We plead with you, Senator Leahy, to help us find justice for the cruel, senseless death of SHADOW. Please help us to raise the level of this crime to a felony, according to the State Felony Cruelty Statute in Vermont. We want Mr. Dustin punished to the fullest extent of the law. We want Vermont’s court system to stand up and listen. We want to prevent this violent crime from happening again.

Respectfully yours,
Denis and Sarah Scheele