12-26-03

No jail time for man who shot Hillsmere family's dog

By LINDA GIMBEL HUGHES For The Capital

The man who fatally shot a Hillsmere family's dog outside a family gathering in Vermont has been found guilty of animal cruelty and was spared jail time.

Lewis Dustin, 77, of Northfield, Vt., was sentenced Dec. 18 to one year of counseling and of community service at an animal shelter. The judge suspended a year in jail.

The Scheele family, whose loss of 4-year-old SHADOW drew letters from thousands of people, attended the trial and was pleased with the sentence.

"I believe justice was served when Mr. Dustin got the maximum of what the law allows," said Madeline Davis, an animal advocate and family friend.

Sarah and Denis Scheele took SHADOW and another dog, Lucy, on a trip to Northfield, Vt., to attend relatives' 40th anniversary party on July 19.

While playing with the Scheeles outside the church parking lot, SHADOW wandered into a neighbor's yard.

According to Northfield Police Chief Jeff Shaw, Mr. Dustin saw the 30-pound shepherd-chow-spaniel mix staring at him and feared an attack.

The dog wasn't growling, barking or baring his teeth. But Mr. Dustin, who had been badly bitten by a dog in the past, intended to scare him off with a shot to the behind.

Using a high-powered pellet gun with a scope, he stood 5 feet away and shot SHADOW in the heart.

The nearest veterinarian was an hour away. On the way to get help, the dog bled to death in Mrs. Scheele's lap.

Ms. Davis, an Annapolis woman who had never met the Scheeles before SHADOW's death, mounted a worldwide letter-writing campaign to heighten awareness of the crime, contacted animal rights organizations and government officials in Vermont and collected donations.

"This type of violence against an animal is inexcusable and despicable," she said.

Despite pleas from the Scheeles, the crime was not prosecuted under Vermont's animal cruelty felony law, resulting in two years mandatory jail time. Instead, State's Attorney Terry Trono plea-bargained the case to animal cruelty misdemeanor. Mr. Dustin pleaded not guilty.

In a Vermont courtroom last week, the Scheeles asked Judge Patricia Zimmerman to consider having Mr. Dustin work on legislation to change the status of pellet guns and black powder to firearms in the state.

"We also asked the court to give Mr. Dustin community service in a shelter so he could experience the love animals give so freely to those who touch their lives," Mrs. Sheele said.

Ms. Davis said the judge took into consideration that Mr. Dustin had no previous police record of any kind, found no proof he intended to kill the dog and apologized to the Scheeles.

"We believe the sentence was not just a slap on the hand," Mrs. Scheele said. "We feel the judge took the case very seriously, listened to us and the thousands of people who spoke up for SHADOW."

The couple still intends to file a civil lawsuit against Mr. Dustin.

Donations to offset the Scheeles' legal costs may be sent to For SHADOW's Sake, c/o Annapolis Bank and Trust, 921 Bay Ridge Ave., Annapolis, MD 21403.

Linda Gimbel Hughes is a freelance writer in Annapolis.

Published 12/26/03, Copyright © 2004 The Capital, Annapolis, Md.