An animal cruelty conviction of a man who killed a pit bull dog has been overturned by the state Intermediate Court of Appeals because the judge did not allow testimony pertaining to the man’s claim of self-defense.
Joseph K. Pacheco III, who raises sheep on his Hawaiian Homes parcel in Waimea on Hawaii island, was charged with misdemeanor animal cruelty for shooting the dog just outside his property in January 2012.
At his nonjury trial in October 2012, Pacheco told the judge that he chased after the pit bull and another dog on his all-terrain vehicle after he saw the dogs attack his sheep. He said he had previously reported the dogs to the Hawaii Island Humane Society.
Pacheco said he chased the dogs off his property and continued to follow them to find out where they came from. He said when he saw the other dog slip past the fence onto a neighboring property about a half-mile away and the pit bull heading in the same direction, he turned off his ATV to phone the state Department of Hawaiian Home Lands.
He said as he was dialing he saw the pit bull running toward him. Pacheco said he then dropped his phone into his pocket, picked up his shotgun, ejected a used shell and took a shot. He said he then called DHHL.
Pacheco told the judge he shot the dog when the animal was 16 feet away from him. He said he had no alternative because he believed the dog was aggressive, having seen it attack his sheep, and that he didn’t have enough time to restart his ATV to flee.
His lawyer, Dean Kauka, wanted Pacheco’s wife to testify about how her husband deals with loose dogs on his property.
District Judge Melvin Fujino didn’t allow the wife to testify and found him guilty. He sentenced Pacheco to five days in jail and ordered him to pay the dog’s owner $1,000 restitution.
The ICA said the court should have allowed Pacheco’s wife to testify since her husband was the only witness to the shooting and that her testimony would have had an impact on Pacheco’s credibility.
Kauka said a previous defense lawyer had persuaded Pacheco to choose a nonjury trial. For the retrial, Kauka said he will advise Pacheco to have a jury trial.
