Despite cruelty level, N.H. allows only misdemeanor prosecution for first offenders

Gage White, Cario; background is ALDF map of U.S. indicating state rankings in animal protection laws. (Rochester Police photos; Courtesy graphic)

A representative from People for the Ethical Treatment of Animals told The Rochester Voice on Wednesday that New Hampshire ranks in the middle of the pack among states when it comes to protecting its animals.

The comments by Kristin Rickman, an emergency response division manager at the organization's headquarters in Norfolk, Va., come in the wake of the arrest of a Rochester man who allegedly tased his dog twice while administering some sort of discipline on the canine earlier this month.

Gage White, 22, of 105 Whitehouse Road, Apt. #36, turned himself into police on Monday upon learning of the arrest warrant in connection with the Oct. 15 incident at Amazon Campground in which he reportedly tased his mastiff-mix Cario a little before 5:30 p.m.

When officers arrived witnesses described seeing the incident unfold in which White allegedly used a stun gun to "discipline" the pooch, Rochester Police Capt. Jason Thomas said Tuesday.

Officers immediately noticed that Cario was fearful around her owner, putting "her tail between her legs," Thomas said, leading to the dog being seized and sent to be evaluated at Rochester Veterinary Clinic, where he was deemed OK.

Meanwhile, White has signed a voluntary surrender, which means even if he is found not guilty on all charges, he will not get his dog back.

White was charged with a Class B misdemeanor which carries no jail time, and while many, including multiple detractors on his Facebook page, were incensed that penalties aren't stiffer, New Hampshire law provides for only a misdemeanor on a first offense, even for "cruelly whipping" or "beating" a domestic animal.

In part, state statute 644:8 Cruelty to animals states, "A person is guilty of a misdemeanor for a first offense, and of a class B felony for a second or subsequent offense, who:
(b) Negligently beats, cruelly whips, tortures, mutilates or in any other manner mistreats or causes to be mistreated any animal."

A Class B misdemeanor carries a maximum fine of $1,200.

A second such offense, however, can result in a Class B felony charge, which carries a three and a half to seven year prison stint.

According to the Animal Legal Defense Fund, one of the most important aspects of strengthening animal rights is the use of felony-level punishments for the "most egregious types of abuse."

The ALDF ranks New Hampshire as 26^th in the nation when it comes to its animal cruelty laws, while Maine is in the top five, at No. 3.

Top honors went to Illinois, while the worst ranking went to Kentucky, where unbelievably, "veterinarians are prohibited from reporting suspected abuse or fighting."

White was released on personal recognizance with an arraignment date set for Nov. 27.

Meanwhile, Cario is expected to be turned over to the Cocheco Valley Humane Society on Friday where she will subsequently be put up for adoption.