ESTEVAN — Winston Klassen has learned his sentence for killing a dog earlier this year.
Klassen, age 27, was sentenced to 90 days in jail by Judge Mitch Miller Aug. 18 in Estevan Provincial Court. Klassen also received 18 months of probation and will have to abide by numerous conditions, including a three-year prohibition from owning, having custody or control of, or residing in the same home with an animal or bird.
Klassen was charged by the Estevan Police Service in January and pleaded guilty March 31 to wilfully – and without excuse – killing a puppy that he had adopted from the Estevan Humane Society. A sentencing hearing was held May 5; Miller said after the May session he wanted to submit a written decision and needed time for research.
The Crown was seeking six months in jail and 18 months of probation, while Klassen’s attorney was seeking a three-year suspended sentence. Both sides agreed on the three-year animal and bird ban.
In handing down the sentence, Miller noted that video footage showed the puppy going to the bathroom and then running from Klassen in the parking lot.
“Mr. Klassen is seen pursuing the puppy, who seems to be playfully running away from him, as puppies do. Eventually the puppy comes back to the apartment sidewalk. And Mr. Klassen picks him up. Mr. Klassen takes a few steps, deliberately drops the puppy and kicks it while still in midair,” Miller said.
The judge went on to say the puppy got up, ran away, circled back to the front door of the apartment and collapsed on the sidewalk, eventually dying from its injuries. Approximately 25 seconds elapsed from when the dog was kicked until it collapsed.
Miller noted that when Klassen was initially interviewed by Estevan police, Klassen claimed that he slipped and fell on the puppy, only changing his story when shown a video of the incident.
The judge noted that in the pre-sentence report, Klassen expressed remorse for his actions and wishes he would take back the kick, but also demonstrated minimization when discussing the offence, saying "It's just a dog” at one point – a statement that Miller referred to several times during the sentencing.
“I did not find him truly remorseful,” said Miller.
According to the pre-sentencing report, Klassen thought he had suffered enough from the incident because he said he lost his job, received hateful messages and even death threats, and was the subject of media coverage.
Miller also noted previous cases when making his decision. There are numerous rulings of animal cruelty across Canada involving dogs and cats, some of which resulted in a custodial sentence and others that led to a conditional sentence order. Citing one ruling, Miller noted that in 2008, the Criminal Code was amended to better reflect society’s growing belief that animals are deserving of better protection.
“Society’s understanding of animal protection as an important value has increased ... and cruelty to animals is incompatible with a civilized society,” said Miller in reading the ruling.
In the Klassen matter, Miller said it was clear the animal suffered great trauma and pain, as it bled from the mouth and defecated itself before dying. While Klassen might not have intended to kill the dog, Miller said the decision to “dropkick” a puppy in midair carried a consequence Klassen would have known.
“Given Mr. Klassen’s lack of remorse, in combination with the death of a puppy, I do not believe that a suspended sentence with a probation order, or a conditional sentence order, would meet the objectives of denunciation or deterrence,” said Miller.
Miller credited Klassen for entering an early guilty plea in the case.
When given the chance to address the court, an emotional Klassen said he wishes he could go back in time and prevent the incident from happening.
“Every day I think about it, and it’s going to crush me a lot,” said Klasen.
Miller said everyone has made a mistake, and it’s important to learn from the error.
Klassen said it has been difficult to keep a job, but he has found good employment and has been taking steps to be in a better place mentally since the May hearing.
The maximum sentence for an animal cruelty case is two years less a day in custody and/or a $10,000 fine.
