Jury Acquits Spanaway Man of Bestiality Charge
A Tacoma, Wash. jury on May 9 acquitted a man accused of having sex with the family dog, according to an Associated Press news report posted on KIRO TV’s Website.
Michael Patrick McPhail, 26, of Spanaway, was found not guilty in Pierce County Superior Court of first-degree animal cruelty, a felony. Assistant Pierce County Prosecutor Karen Watson said last fall that McPhail was the first person charged in the county under a new state law that made bestiality a felony.
McPhail held that his wife made up the story because she was seeking to end their marriage.
“I'm glad that justice was able to see it wasn't an action of my doing,” McPhail told reporters as he left the court building.
According to the Associated Press report, his wife, Jesika McPhail, contacted police and told officials that she had caught her husband engaged in sexual intercourse with their pit bull, Sara, last October. The case generated outrage among animal welfare advocates across the globe, many of whom called for McPhail to be prosecuted to the fullest extent of the law.
Deputy Prosecutor Brian Leech, who tried the case, said he was disappointed. He said he believed the “facts were more than sufficient to merit a conviction.”
“The defense was able to introduce some evidence about strife in the marriage. I don't think that was supported, but apparently the jury gave it some weight.”
There is no question that those who show cruelty to animals should be prosecuted and awarded the punishment they rightfully deserve. But in this case, the defense apparently was able to convince jurors that it was marital strife that led to this horrible allegation of animal cruelty. Although he has been acquitted, the defendant will carry the stigma of having been accused of sexual deviance. Such accusations, which are sometimes made out of spite or hatred, tend to ruin lives. Prosecutors in turn tend to get carried away by public reaction and the emotion a case generates – especially when it comes to animals or children. There is no denying that heinous acts are committed every day against these innocents, but at the same time, wrong accusations are also made. There are numerous examples to prove that point, including this case.
If you believe you have been wrongly accused of a crime, contact our expert legal defense team for a free consultation.