Busted!

Man Charged Under New Law
Wife photographs husband engaging in act covered under new animal cruelty law

Read the Seattle Times article here

Update as of 7:00 PST Wednesday, November 14:

Pasado's has learned that Sara and Scooter are no longer in the Tacoma/Pierce County animal shelter.  J., their human, picked them up over this past weekend after being notified that they are no longer required to be held in protective custody for reasons related to trail proceeding. 

At last report, Scooter was placed with one of J.'s family members and Sara is with J.  We also understand that either both dogs have been altered or arrangements have been made for them to be altered.

Considering what could have happened to these animals, we think the outcome is a very positive one.  J. knows that we (and you!) are here to help if ever she need us.

Dogs are very loyal to their humans and are happiest when they are reunited with them, no matter what has happened in the past.  We hope that Sara and Scooter will live a long and happy life and no human will ever betray them again.

Update as of 5:30 PST Saturday, November 4:

We're sorry to report that things did not go as planned today.  Scooter (and Sara) remain in the Pierce County shelter this evening.  We arrived at the shelter at the appointed time to meet with J., the owner, and looked forward to finally meeting Scooter and Sara.  We also intended to arrange for Scooter's transport to Pasado's sanctuary today.  We were lead back to the quarantine area where they were being held in locked cages.  Both dogs were overjoyed to see J. and both were happy to meet the Pasado's representatives. They meted out kisses liberally and jumped three feet into the air as their visitors chatted and cooed at them through the chain-lined fence.  We longed to release them from the confines of the pen and replace their cold, hard floor with a soft, warm bed here at the farm.  

However, once J. reconnected with Sara and Scooter and realized that the Pasado's sanctuary was more than one and a half hour drive away from her home, she knew that she had more thinking to do.  With so many decisions weighing on her mind, she needed the extra time to consider the fact that she would not see them as frequently as she could while they are at the shelter.  She has not ruled out having them here as an option, but wants to visit the sanctuary and make sure that having them here, where they'll get the attention they need, mitigates the disadvantage of not seeing them as often. 

Pasado's will continue to work with J. and do everything we can to put her mind at ease.  She is putting us through our paces, which we welcome.  That is a sign of someone who cares about their animals. All animals deserve that commitment from their human.

We'll continue to update this case and hope to bring you some good news in the coming days.  After meeting Sara and Scooter, we're more determined than ever to give them every chance.  We're very grateful to all of you doing your part to keep this issue alive.    

Update as of 3:30 PST Friday, November 3:

Tonight will be Scooter's last at the Pierce County shelter!  This time tomorrow he'll be at Pasado's sanctuary and his mom Sara should be here early next week (that's right, Scooter is Sara's son!).  Unfortunately she is still being held at the shelter until all the evidence gathering proceedings are concluded and this date has now been pushed out.

Sara and Scooter's owner (we'll call her J.) is very concerned for their welfare and she wants them out of the shelter as soon as possible.  To that end, we will meet her at the shelter tomorrow where she will sign Scooter over to us and repeat the process for Sara when the time comes. We spoke at length with this young women and learned a lot about the situation.  Sara and Scooter are wonderful dogs, great with her kids and kitties.  Their ultimate fate will be determined in the coming weeks as we work through all the options, but they will be safe and sound.

J. made it clear that she wants what is best for her babies.  She loves them very much and is crushed over what Sara had to endure.  As you might imagine J. is trying to rebuild her life.  Pasado's will do everything we can to make sure that she does not have to spend a moment worrying about Sara and Scooter so she can concentrate on starting a new chapter. 

Check back tomorrow for more on Scooter's journey home.

Update as of 3:00 PST Wednesday, Nov. 1:

Efforts to get Sara and Scooter to Pasado's Safe Haven are progressing.  Today is the last day that the defense has access to Sara for evidentiary purposes.  Pasado's has been in direct contact with the owner (the wife of the accused) and there is every indication that she will sign Sara and Scooter over to us soon.  Nothing is confirmed, but we feel confident that these dogs will be out of the shelter and part of the Pasado family in the next day or so.  We can't wait and we're sure you can't either! 

Count on copious pictures and detailed descriptions of their journey to their new home.  We can't save them all, but nothing feels better than giving a second chance to the ones that have suffered so.

PLEASE CROSS-POST!  

Update as of 4:00 PST Monday, Oct. 30:

We did not want this day to pass without posting an update.  Although we don't have Sara and Scooter yet, we have been in touch with the Pierce County Sheriff's Office and the Pierce County Prosecuting Attorney's Office today.  We have asked for their assistance with working directly with the Sara and Scooter's family (the wife of the accused) so that the two dogs can be signed over directly to Pasado's.  This will further ensure that there are no foul-ups in procedure. 

Many thanks to all who have sent emails to the Pierce County Sheriff's Office expressing gratitude for their help with this case and encouragement to work with Pasado's Safe Haven on giving Sara and Scooter a chance to live with a forever family that will treasure and protect them.

If you would like to send an email too, address it to Detective Ed Troyer, Pierce County Sheriff's Office. Please be polite and respectful.

We'll post another update tomorrow.

Editor's Note
While we wait to hear about Sara and Scooter's fate from the powers that be, we're responding to the hundreds of emails and calls that continue to pour in from around the country.  A pattern is slowly emerging.  More than a few of the emails and calls are from women who have been victims of sexual violence themselves, usually as children, and thus feel a special affinity to Sara.  

Bestiality (or zoophilia) is classified as a paraphilia or a deviant sexual behavior.  Other paraphilias include pedophilia and necrophilia and many times individuals will engage in more than one paraphilia.  

We also heard from a Prosecutor's Office Victim/Witness advocate who provided chilling descriptions of some of her cases.  Some involved men using violence toward animals as a tool with which to threaten children if they reveal that they were being sexually abused.

What does all this tell us? What we all know to be true.  Violence toward animals is not just misplaced aggression nor should it be chalked up to the "boys will be boys" syndrome.  It's a danger sign that warns of something deeply disturbing that should be addressed.


URGENT UPDATE:

Update as of 11:30am PDT Friday, Oct. 27:

Ed Troyer, Pierce County Sheriff's Department spokesperson, has now told Pasado's that both the Prosecutor and the defense attorneys have agreed to give the family until Nov. 1st to decide whether or not they want Sara and Scooter back. If the family does not want them back, the dogs will be released to Pasado's Safe Haven. Additionally, the suspect has been ordered not to have any contact with any animals while awaiting trial. If the family was to take possession of the dogs, Michael McPhail has been ordered not to set foot in the house where the animals are kept. All indications so far are that the suspect's wife does not want the animals. Let's hope this all works out for the best for Sara and Scooter!

Please cross-post this update and read the new articles published in the Seattle Times and the Miami Herald.

Update as of 1:20pm PDT Thursday, Oct. 26:

As of this posting the Pierce County Sheriff's Office is working to release Sara and Scooter (the two dogs currently being held at the Pierce County Humane Society) to Pasado's Safe Haven.  Rita Morgan, Pasado's Safe Haven National Cruelty & Legislation Coordinator spoke with Ed Troyer, spokesperson for the Pierce County Sheriff's Office, this morning to urge their cooperation in this matter.  The Sheriff's Office has the ultimate authority to make a decision on their disposition. Troyer assured us that nothing would happen to Sara, either during the trial or after, for which we are grateful.  However, we explained that releasing the dogs to Pasado's Safe Haven will provide the insurance the public is demanding.  In addition, we can provide a much healthier environment where Sara and Scooter have the best chance to heal and learn to trust humans once again. 

We reiterated that we will post a bond to ensure the public's safety and make Sara available for any purpose related to the trail.  Pasado's continues to be in touch with various animal behavior specialists, hoping that in the event we are able to welcome Sara and Scooter to our sanctuary, we can provide them with the help they need. 

Update as of 3:26pm PDT Wednesday, Oct. 25: We have spoken with the District Attorney in the McPhail case who assures us that the female dog (the victim) will not be euthanized as she is considered "evidence" and will be held until conviction or acquittal. The male dog, it appears, may be placed for adoption.

Both dogs are being held at the local humane society (as the alleged crime took place in their area).  It is Pasado's concern that a dog, already deemed "aggressive" be kept in a kennel for months, even years, as a legal case makes its way through the courts. The last cruelty case Pasado's worked on left a dog in a kennel for 18 months.

Pasado's is offering Animal Control (under whose purview this case falls under) to release both dogs to Pasado's Safe Haven provided that we pay for any bond necessary to insure the public's safety. Additionally, the local humane society who may adopt out the male (correction, this humane society does not adopt out pitbulls), does not perform home checks, which Pasado's does. We could assure that this dog will be placed in a loving home (We also do requisite unannounced checks following adoption.)

Furthermore, releasing the female dog to Pasado's Safe Haven would provide the animal the opportunity for professional behavioral assessment and training. We would assume all costs for this. We believe that every dog should be given a fair chance. This female pup shouldn't be locked in a kennel without daily loving and training. Please stay tuned to this website for updates.

As of today:
Pasado's Safe Haven is asking for people from across the country to help save a dog who was the victim of bestiality who now faces death!

This year, Pasado's wrote and passed the first anti-bestiality felony law in Washington State. This past week, Michael Patrick McPhail was arraigned in court for having had sexual relations with his pitbull on his back porch. His wife caught him in the act and photographed the act with her cell phone. McPhail's arrest was the first under the new Pasado's Safe Haven Bestiality Law.

Pasado's Safe Haven offered to take both the dog who was hurt and another pitbull the family owned. Local animal control authorities confiscated both dogs. They have stated that the female, who had been violated by McPhail, has a history of aggression (who could blame her!) and may need to be euthanized.

What to do if this dog is truly aggressive?
First, we won't just give up without a try. Working with someone who is compassionate and knows the breed is key. We believe why not try to help an animal before you "give up"?

What YOU can do to help:
Let the local media know that the nation cares about what happens to this dog - that we cannot allow her to be betrayed a second time in her life. Write to the following:
--Include your name and what state you live in
--Tell them that the new Pasado's Bestiality Law caught the man who violated his dog but this dog may be killed now!
--Ask them politely to follow this case. Pasado's Safe Haven has offered to take this dog and provide professional behavioral help.
--Pasado's will put up a bond to protect the public if needed.
--Why not give her a chance?

E-mail to:
The Tacoma News-Tribune (the local paper)

Stanley Farrar, Managing Editor of The Seattle Times
(largest metro paper near to where the incident took place)

Local TV stations:
CBS

NBC
ABC

HISTORY OF CASE:
Last June Pasado’s Safe Haven staff stood next to Governor Gregoire as she signed SB6417 into law making Washington the 36th state to pass anti-bestiality legislation. Pasado’s Safe Haven wrote the statute language and worked with Senator Pam Roach and hundreds of supporters to make this deplorable practice a first degree animal cruelty felony.

This week a man was the first person charged under this new law after his wife caught him, on camera, sexually abusing their family pet on their porch. Michael Patrick McPhail was arraigned in a Pierce County courthouse after pleading not guilty to having sex with the
four year-old dog. If convicted, the twenty-six year-old father of two will face a maximum sentence of one year in jail and a $5,000 fine. The court can also order psychiatric counseling and treatment. Additional requirements can include restrictions on owning, harboring or residing in a household with animals. McPhail posted $20,000 bail and was released.

If you followed the passage of SB6417 on our website you likely know that psychiatrists categorize zoophilia (sex with animals) in the same family of sexual disorders as pedophilia and necrophilia. Aside from the deliberate cruelty inflicted on a defenseless animal, this behavior can devastate families and many times coexists with additional sexual disorders.

The now infamous Enumclaw case should be enough evidence to convince anyone that individuals who engage in zoophilia are unstable criminals. This was the incident that that precipitated passage of SB6417.

We’ll be following this case closely to see if District Attorney enforces the law we all
worked so hard so pass. If not, we’ll remind them and ask for your help. Stay tuned.

Man could be charged under cruelty law
Prosecutors say a man’s wife caught him having sex with their dog. He might be the first in the state charged under a new animal cruelty law.

KAREN HUCKS; The News Tribune
Published: October 20th, 2006 01:00 AM

A Spanaway man is the first person in Pierce County – and possible the first in the state – charged under a new section of the state’s animal cruelty law that makes bestiality a felony. Pierce County prosecutors say Michael Patrick McPhail, 26, had sex with his family’s dog Wednesday.

Deputy prosecutor Karen Watson charged the father of two Thursday with one count of first-degree animal cruelty – a crime that could mean up to a year in jail if he’s convicted.

McPhail was arraigned Thursday afternoon in Pierce County Superior Court and a not-guilty plea was entered on his behalf.

Judge Katherine Stolz ordered him held in the Pierce County Jail in lieu of $20,000 bail.

Stolz set trial for Dec. 11.

According to a Pierce County Sheriff’s Department report, McPhail’s wife told investigators that she caught her husband on the back porch about 9:30 p.m. Wednesday having intercourse with their 4-year-old female pit bull terrier.

She took photos of the act, the report says.

The bestiality law, which took effect in June, was prompted by a case near Enumclaw in which a man died after having sex with a horse.

Before the law was enacted, Washington was one of 14 states where bestiality had not been explicitly prohibited.

 

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