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Animal cruelty charges against snowmobiler dismissed

By ASSOCIATED PRESS   Friday, June 12, 2009 - 1:38 p.m.
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WAUPACA — Five felony charges of cruelty to animals have been dismissed against a man accused of running over and killing deer with his snowmobile.

Robby Kuenzi’s attorney successfully convinced a Waupaca County judge Thursday that because the defendant was hunting at the time of the incident, state law prohibits animal cruelty charges.

Judge John Hoffman dismissed the felonies. Kuenzi still faces several ordinance violations and four misdemeanors, including hunting out of season.

Kuenzi’s brother, Rory, and Nicholas Hermes face similar charges. Four deer were found dead along a snowmobile trail south of Waupaca on Jan. 10. A fifth deer had to be euthanized.




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(52)
belisamasana
Jul 15, 2009 at 11:01 p.m.
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Some good news on this case.

http://www.channel3000.com/news/20064260...

upnorthlady
Jun 18, 2009 at 10:43 a.m.
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I'm outraged and appalled that these charges were dismissed! Unbelieveable! What a terrible decision!!!

moethebartender
Jun 17, 2009 at 3:50 p.m.
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Just called again. The secretary told me they have decided to appeal the decision due to the amount of calls. Woot!

h0rselvngrl
Jun 16, 2009 at 12:16 p.m.
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I will contact the DA/Judge but what does one say to this that will actually turn this situation around? This is HORRIBLE.

ringsforus
Jun 13, 2009 at 5:40 p.m.
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I ALSO LEFT A VOICE MAIL FOR THE D.A. THE PHONE NUMBER IS LISTED BELOW IN ANOTHERS ENTRY SO PLEASE FLOOD THE OFFICE WITH CALLS

biggirl
Jun 13, 2009 at 3:30 p.m.
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Hunters should be outraged at this decision since it says, in essence, that they are torturers. Now, I think there's a big difference between hunting, especially for food, and running down, torturing, and leaving to die slowly a group of deer.

moethebartender
Jun 13, 2009 at 2:55 p.m.
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How is considered hunting, if it's not hunting season, and you don't have a weapon to even hunt with?

KathrynSullivan
Jun 13, 2009 at 2:49 p.m.
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I DON'T EVEN KNOW WHAT TO SAY ABOUT THIS....I'M SO DISAPPOINTED WITH OUR LEGAL SYSTEM!

someoneme
Jun 13, 2009 at 2:34 p.m.
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I left my voice mail with the DA

1morday
Jun 13, 2009 at 12:21 p.m.
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THIS IS WRONG....DO YA THINK THEY'D LIKE TO BE RUN OVER!!!!

Shopierehuh
Jun 13, 2009 at 12:12 p.m.
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This was a poor decision by a judge. There was no hunting going on here. There is a bow season and a firearms season and both were closed.

There is no mention of other means of "harvesting" deer in the regulations. These 80 IQ cretins will be loose to do more famous deeds, perhaps next time to a human being. This judge needs to be unelected, in my opinion.

Gunslinger
Jun 13, 2009 at 11:27 a.m.
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BS! Talk about liberal!

pahtu
Jun 13, 2009 at 10:52 a.m.
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Bullsh#t

carl6855
Jun 13, 2009 at 9:33 a.m.
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This is not "hunting", whatever loophole allowed the dismissal of charges needs to be addressed.

pack
Jun 13, 2009 at 7:16 a.m.
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I don't usually report what I see on CCAP, but (insert sarcasm here) it's nice that the Judge dcided to drop the felony charge and keep open the 7 misdemeanors (spell cop please). And he has a total of 14 cases since 2005 so sounds like we will hear more when he murders somebody some day. I hope I have the right to say that. He is a disgusting excuse for a human being. I even hesitate to use the term human being for him.

thediplomat
Jun 13, 2009 at 12:33 a.m.
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F'ing Rednecks

moethebartender
Jun 12, 2009 at 11:14 p.m.
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District attorney can still appeal this decision, let him know he should.

CONTACT:

District Attorney
John P. Snider
811 Harding St
Waupaca, WI
54981

715-258-6444

moethebartender
Jun 12, 2009 at 10:14 p.m.
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Something has to be done about this. Period. We need to get proactive. If enough people contact the D.A. about this, it might be able to be turned around. Anyone know how to contact the right people?

BostonBill
Jun 12, 2009 at 10 p.m.
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A certain Judge has lost my respect.
This is a travesty of justice.
Hey! PETA people, where are you?
Hey! Electorate, where will YOU be the next time this “judge” wants to be re-elected?
This is SICK.
JMO

wesgonsin
Jun 12, 2009 at 6:41 p.m.
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If those guys are 'sportsmen', well then I am the Queen of Merry Old England.
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"The three snowmobiles encountered the deer near Denmark Road in Lind, and Hermes said he accidentally struck a deer, but the Kuenzi brothers began purposely chasing the deer down before running them over.
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Hermes said he saw Rory Kuenzi at one point dragging a deer that had been roped to the sled.
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Investigators found three of the deer in the field Saturday. A snowmobile had stopped atop one of them and RIPPED OPEN ITS STOMACH, said Ted Dremel, a state Department of Natural Resources warden based in Waupaca County.
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A fourth deer had BROKEN LEGS and was euthanized. The FIFTH deer had been DRAGGED from the field and TIED TO A TREE about 25 feet from a road. IT STRANGLED ITSELF trying to get FREE.
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The dead deer were two bucks and three does. One was a FAWN"
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We should hope that these individuals, in the very least, should have their legal "hunting" (and fishing) PRIVELEGES in the State of Wisconsin be revoked PERMANENTLY.
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In the meantime, you may wish to discuss your opposition to Judge John Hoffman's ruling in this matter via the United States Postal Service. It would be worth a stamp. Flood his office with mail on this matter.
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His office can be reached at the mailing address below.....
.
Waupaca County Courthouse
The Honorable John P Hoffman
811 Harding St
Waupaca, WI 54981

ringsforus
Jun 12, 2009 at 5:19 p.m.
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UNFORTUNATELY, THE OTHER TWO WILL GET OFF TOO. THE COMMENT ON HOW DAHMER STARTED OUT IS VERY FITTING......IN 2005 A FRIEND OF MINE, KEVIN MILLER, WAS STRUCK AND KILLED WHILE WALKING HOME FROM A PARTY UP IN THAT AREA. RORY, ONE OF THE DEER SLAYERS IN THIS CASE, WAS SUSPECTED, BUT DUE TO ERRORS IN THE INVESTIGATION, NOTHING HAS YET TO BE PROOVEN. SO LOOKS LIKE OLD BOY GOT AWAY WITH IT AGAIN, IN MY OPINION. PLEASE EXPLAIN TO ME HOW IT WAS HUNTING, IF SEASON WAS CLOSED, AND WHY DID THEY HAVE TO RUN THEM DOWN....HOW IS THAT HUNTING.....JUDGE HAD TO BE PAID OFF

unknowncomic
Jun 12, 2009 at 5 p.m.
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The Gazette should send these comments to that judge.He probably hunts deer with a snowmobile too.

unknowncomic
Jun 12, 2009 at 4:58 p.m.
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That makes no sense.Since when can you hunt deer out of season with a snowmobile?That is really stupid. If you say your hunting it`s ok to run over deer? Is that really a law?I find nothing funny about this .

JCK
Jun 12, 2009 at 4:57 p.m.
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I didn't know you could "hunt" with a snowmobile.

The DA's office could always appeal the judge's decision if they were so inclined.

rickwantsmoney
Jun 12, 2009 at 4:38 p.m.
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The article does state there are several other charges still pending, including the "hunting out of season" charge...so he will get some punishment for what he did. Just believe in karma, and that what goes around, comes around. In his case, payback is gonna be a you-know-what.

pack
Jun 12, 2009 at 4:22 p.m.
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This just makes me cry. What kind of a person could destroy deer with a snowmobile. And what kind of a Judge drops the charges. I am just stunned. So much for the value of life. Whoever mentioned Dahmer is right. He started out with animals. If you can harm any living thing, there is something wrong with you. I can't even describe the way I feel without getting my post deleted :*(

Professor
Jun 12, 2009 at 4:20 p.m.
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One of the 'rules of statutory construction', that judges use in determining the meaning of a law, is that no statute can be construed such that it would lead to an absurd result. Apparently, the judge missed that day in law school. Pathetic.

IndysGirl
Jun 12, 2009 at 4:14 p.m.
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I've always loved this Ghandi quote: "The Greatness of a nation and it's moral progress can be measured by the way it treats its animals."

wHaTeVeR
Jun 12, 2009 at 4:14 p.m.
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This is a true outrage! That judge is a total spineless pretend friend to animals! Give me a break.....what moron would EVER believe that stupid hick was hunting? Karma has a way of getting people what they have coming. I really hope karma kicks this guy right in front of a speeding semi! This judge needs to retire if he is that senseless! A sad day for defenseless animals and animal lovers everywhere.

palmdogg69
Jun 12, 2009 at 4:03 p.m.
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--->Four deer were found dead along a snowmobile trail south of Waupaca on Jan. 10. A fifth deer had to be euthanized.<---

JANUARY 10!!!! There is no deer season open at this time of year anywhere in the state!!!! So it's impossible for him to be hunting deer! What, all he had to say was that he was hunting and that's it? And, if I remember right this happened around 3-4 in the morning. Hunting hours are 1/2 before sunrise to 1/2 hour after sunset. What a joke! They better nail this guy with something, because the next time it might not be deer he's running down!

jbw53190
Jun 12, 2009 at 3:22 p.m.
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very liberal interpretation of the law

rockstars
Jun 12, 2009 at 3:06 p.m.
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Absolutely disgusting.

tinker34
Jun 12, 2009 at 2:56 p.m.
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If he was charged with hunting out of season how can he get off on the felony with the excuse that he was hunting. If he was hunting out of season isn't that illegal hence voiding his defense on the felony charge.

jviers77
Jun 12, 2009 at 2:52 p.m.
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What those son's of motherless goats did to those deer had nothing to do with hunting. If they all get off on technicalities, our justice system is even more flawed than I thought. What a joke. Just one more thing to give us 'Sconnies a good name.

TommyRay
Jun 12, 2009 at 2:35 p.m.
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Obviously coached by a lawyer to find such an inane loophole. What if others were to start such a practice of "hunting", would it all be dismissed as this was? I'm sure you'd be hard pressed to find people who would commend such acts, but there seems to be one up in that box they have over there. I agree with the negative comments on the judge, who's judgement is obviously impared to dismiss this on such idiotic grounds that he was hunting! I mean, C'Mon!!!

JoeSchmo
Jun 12, 2009 at 2:21 p.m.
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You have got to be kidding me!!!!
Running over poor defenseless animals with your snowmobile IS NOT hunting. That lawyer and judge should be run over with snowmobiles. Are you telling me that being run over is a humane way to die? If it was not hunting season, he shouldn't have been able to use hunting as a defense. Absolutely ridiculous. This infuriates me.

realitybytes
Jun 12, 2009 at 2:20 p.m.
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Judge John Hoffman should resign. His judgement is clearly impaired.

cmfnf
Jun 12, 2009 at 1:45 p.m.
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If it wasn't hunting season, you can't say he was hunting. That is utterly ridiculous!

spark
Jun 12, 2009 at 1:43 p.m.
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Are you kidding me? I'm a hunter, and there's no comparison to what this idiot did. Did they have tags for all these deer they killed? After all these years hunting, I didn't know it was legal to hunt deer with a snowmobile. This judge should be removed from the system if he's that easily convinced. What a complete moron!

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