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Case #3621 Rating: 2.7 out of 5
Dog sodomized and strangled
Lyndonville, VT (US)Incident Date: Saturday, Oct 16, 2004
County: Caledonia
Disposition: Convicted
Defendant/Suspect: Jeffrey Plourde
Case Updates: 14 update(s) available
A Lyndonville teenager has been charged with aggravated animal cruelty as the result of a four-month sodomy investigation by Lyndonville Police Chief Jack Harris. Jeffrey Plourde, 17, faces up to three years in prison if convicted. He is scheduled to be arraigned in Caledonia District Court on Feb. 28.
Harris said he is continuing his investigation and more arrests are possible.
The case was reported to Lyndonville police on Oct. 16 after Kacey, a 2-year-old chocolate Labrador retriever, was struck by a car and suffered a broken leg.
According to a report issued by the Humane Society of the United States, Kacey made her way back home, and her owners took her to Companion Animal Care in St. Johnsbury for treatment of the injuries. During treatment for injuries suffered when hit by the car, the veterinarian discovered the dog had also been severely injured before the accident as a result of torture and cruelty.
Chief Harris said veterinarians discovered Kacey had been sodomized and her tail had been pulled 6 inches from her body and broken. The dog had also been strangled.
The injuries to Kacey were so severe, she had to be euthanized.
Harris has been pursuing the case and received information through Northeast Kingdom Crime Stoppers, from the Caledonia County Sheriff's Department and assistance from the public.
On Nov. 30, a $2,500 reward was offered by the Humane Society of the United States for any information leading to the arrest and prosecution of whoever was responsible for Kacey's injuries. Cindy Cady, the local animal control officer, raised an additional $1,500 locally, bringing the total reward to $4,000.
Case UpdatesJeffrey Plourde, 19, of Lyndonville, settled seven charges against him stemming from his alleged sexual assault on a former girlfriend.
Through his attorney, David Sleigh, Plourde had five charges dismissed by State's Attorney Robert Butterfield in Caledonia District Court Monday morning.
A sixth charge was amended and only the seventh charge, a misdemeanor, remained intact.
Plourde's alleged accomplice in the sexual assault, Christopher Stark, 22, Kirby, awaits trial on sexual assault charges connected to the alleged assault on Plourde's girlfriend.
During Monday morning's change of plea, Plourde pleaded no contest to a felony charge of inciting another to commit a felony. The inciting a felony charge was amended from an original charge of sexual assault - no consent. He also pleaded no contest to a charge of domestic assault.
Plourde is currently serving 18 months on a 5- to 10-year sentence after his conviction on Jan. 4 of charges of aggravated cruelty to an animal, burglary, possession of stolen property and petty larceny.
He was sentenced Monday to 2 to 4 years on the new charges, all suspended except for 90 days to be served in prison on the charge of inciting codefendant Stark to commit a felony. On the domestic assault charge, Plourde was sentenced to 60 to 90 days, which will be served concurrent to the sentence imposed on the inciting charge.
The new sentences handed down Monday will be served consecutively to the existing sentence Plourde is serving in the Northeast Regional Correctional Facility in St. Johnsbury.
Once Plourde finishes serving his 18-month sentence, he will begin serving the 90-day sentence given to him by Judge Kathleen Manley on Monday. Plourde must also complete a 26-week batterer's intervention program as part of his sentence.
Chief Harris' Affidavit
According to the affidavit of Lyndonville Police Chief Jack Harris, on Jan. 5, Harris learned of an alleged sexual assault that took place on Jan. 1 and 2 at Plourde's home in Lyndonville. The victim, a 17-year-old girl, was Plourde's girlfriend at the time.
According to Harris' affidavit, the girl came to stay at Plourde's home for the weekend. She told Harris that while she was at the home, both Stark and Plourde repeatedly engaged in non-consensual sexual acts with her and that Plourde engaged in lewd and lascivious conduct with her.
Following her complaint to police, state police set up a tape-recorded phone conversation between the victim and Plourde. Plourde made incriminating comments to her during the taped conversation.
During the change of plea hearing, Butterfield told Judge Manley that as a result of taking the deposition of the victim under oath, the witness had changed her position, and several acts previously described by the victim as non-consensual had now been recharacterized as consensual.
Butterfield said the new charges, that Plourde incited Stark to sexually assault the victim and that Plourde committed domestic assault by slapping his girlfriend in the face and punching her in the chest, more accurately characterized the events. | Source: The Caledonian Record - Oct 24, 2006
Update posted on Oct 24, 2006 - 11:46PM |
After a sentencing hearing lasting several hours Tuesday morning, Judge Kathleen Manley sentenced Jeffrey Plourde, 19, of Lyndonville, to 18 to 36 months to serve in prison with credit for time already served and placed him on probation for five to 10 years.
He had pleaded guilty earlier to animal cruelty, burglary, petty larceny and possession of stolen property.
On the night of Oct. 16, 2004, Kelley Willis repeated her nightly ritual of opening the door of her Charles Street home in Lyndonville to let her 2-year-old chocolate Labrador retriever out for a few minutes.
What happened next weighed heavily on Willis' mind for a year and a half.
Less than an hour after letting Kacy out, the dog returned, in terrible pain from sadistic torture at the hands of an assailant and so seriously injured physically and psychologically that it had to be put to sleep after it became clear a veterinarian's care would not be enough to heal her pet.
Lyndonville Police Chief Jack Harris subsequently conducted an investigation that led to charges against Jeffrey Plourde, a teenager living up the street from Willis. News of Kacy's torture touched off a public outcry, and Plourde's arraignment attracted statewide media interest.
On April 5, Plourde pleaded no contest to charges of aggravated cruelty to animals, burglary, petty larceny and possession of stolen property. During that hearing, Caledonia County State's Attorney Robert Butterfield agreed to recommend a sentence of 18 to 36 months to serve on the cruelty charge with concurrent sentences of 6 to 12 months to serve on the charges of petty larceny and possession of stolen property.
On the burglary charge, the state recommended 5 to 10 years to serve, all suspended on probation except for 18 to 36 months to serve concurrent to the cruelty sentence.
The state and Plourde's attorney, Jill Jourdan, agreed a presentencing investigation would be conducted by the Department of Corrections and that the state would agree to cap the sentence sought by the state. The defense would be free to argue for a lesser sentence at a formal sentencing hearing.
On Tuesday morning in Caledonia District Court, Plourde, 19, was led into the courtroom in handcuffs and leg irons from his prison cell at the Northeast Regional Correctional Facility in St. Johnsbury.
Kelley Willis was there too, along with some of her supporters and family members, as she has been for all of Plourde's court appearances on the cruelty charge. One of Willis' friends wore a T-shirt with a photograph of Kacy standing on the shore of a pond with a stick in his mouth.
Plourde was there to be sentenced on a felony charge of burglary which, by law, carries a much stiffer penalty than the cruelty charge. He was to be sentenced for misdemeanor counts of petty larceny and possession of stolen property.
But, Butterfield told the court Tuesday, "What's driving this case is the cruelty charge."
Butterfield then introduced Willis and asked her to address the court.
She walked slowly to the podium and asked the court to sentence Plourde to the maximum sentence allowed by law on the cruelty charge. She said enduring the torture of her dog and the dog's suffering "has affected my whole life." She said she asks herself: "How could I have failed to protect my dog? What could I have done differently?"
Referring to her dog's tormentor, Willis told Judge Manley the crime has "never been anything but a joke to him." About a week after her dog was euthanized, Plourde and some of his friends tried to run over her and laughed and barked at her.
"I really don't think there's any rehabilitation because what he did is not even human," she concluded.
Also testifying briefly was Marc Plourde of Lyndonville, Jeffrey's father. He told the court both he and Jeffrey's mother, Beverly Before of Lyndonville, had a close relationship with their son and communicated with him while he was incarcerated awaiting sentencing. Jeffrey Plourde, who left Lyndon Institute his sophomore year, obtained his high school diploma from the Community High School of Vermont, according to his father.
Under questioning by Butterfield, Jeffrey's father admitted his son had never had a job while he lived with his father. He said his son never worked during the summer or while he was on school vacation.
When it was time to hear from the victims of Plourde's other crimes, Butterfield told Judge Manley that Mattie Mitchell, 35, of Lyndon, who had power tools, jars of coins and other items stolen from her home, had not responded to his offers to have her file a victim impact statement or testify at the sentencing. Plourde stole items from her home on Jan. 16, 2005.
Jerry Prevost, 56, Lyndonville, whose son was a former acquaintance of Plourde, filed a victim impact statement that suggested Plourde should receive both jail time and rehabilitation, Butterfield said. Plourde burglarized Prevost's home on Jan. 30, 2005, stealing some video games from a bedroom.
Explaining the state's sentence recommendation, Butterfield tended to minimize the burglary, petty larceny and stolen property charges, suggesting the crimes were not untypical of crimes committed by youthful offenders.
"The cruelty case raises different issues," Butterfield said, noting it speaks to "a deep-seated pathology" and represents "a danger to society."
Butterfield also discussed the statutory maximum of three years to serve on the cruelty charge, and the maximum sentence of 15 years to serve on a felony burglary conviction. Butterfield told the court the burglary charge allowed him to craft a flexible sentence not possible if Plourde was charged solely with animal cruelty.
"There's no denying a real possibility Plourde may be a sociopath," Butterfield said in discussing the rationale for a sentence with a period of incarceration followed by a 10-year probationary period. "But there's a strong possibility he's not a sociopath."
Butterfield believes lengthy probation with numerous conditions attached to the probation allow Plourde to change his behaviors.
"He's not unintelligent; he does have the ability to abide by these conditions," Butterfield said.
Turning to the public outcry over the animal cruelty case, Butterfield said there had been "greater expression than anything I've seen in 25 years."
He said there appears to be a cultural phenomenon in which society tends to see human crime victims as somehow compliant in their victimization. But, according to Butterfield, society sees pets as not having the capacity to be anything but innocent. He added that dogs and similar pets are particularly vulnerable and Kacy "was particularly susceptible to crimes like this."
Butterfield argued the sentence "exposes him to a lengthy period of incarceration" and makes Plourde subject to extensive conditions. He added, "I'm sure he's going to be closely supervised by the Department of Corrections."
Butterfield reported citizens called Lyndonville police and his office with regular reports while Plourde was out on conditions of release. The prosecutor added that probation could be revoked and Plourde could serve the better part of 10 years.
Jourdan spoke on behalf of the defendant, agreeing with Butterfield's assessment, saying "Jeff may have some deep-seated problems, but he may not." She told the court "everyone was repulsed by his actions," and conceded her client had a very hard time taking responsibility. "The sentence is appropriate," Jourdan said. "It's punitive and it has a rehabilitative structure to it."
After a recess to consider the testimony heard, Judge Manley returned to the bench to sentence Plourde. She described Plourde's crime as "repulsive" and "particularly heinous."
Manley said imprisonment without rehabilitation would mean that when Plourde was inevitably released from prison, he would not be safe out in the community.
She said Plourde would serve 18 months with credit for time already served and that it would be "up to Mr. Plourde how long he ultimately spends in jail." The judge said Plourde has yet to accept responsibility for what he has done or acknowledge it.
"Until he does so," she added, "he will not be eligible for release from jail."
Judge Manley imposed special conditions beyond the normal standard conditions of probation. Once Plourde is released, he must have no contact with Mattie Mitchell or her child, participate in in the community reparative program, write letters of apology to all of the victims, not possess any firearms, not hunt or fish or accompany anyone who is, not own pets, not consume alcohol, and participate in substance abuse counseling as required by his probation officer.
Plourde is awaiting trial on charges of sexual assault, domestic assault and violation of conditions of release for allegedly raping his girlfriend. He is represented in the pending cases by attorney David Sleigh of St. Johnsbury. No trial date has been set. | Source: Caledoian Record - May 24, 2006
Update posted on May 27, 2006 - 12:52PM |
Jeffrey Plourde, 18, of Lyndonville, pleaded no contest Wednesday morning to charges of aggravated cruelty to animals, burglary, petty larceny and possession of stolen property.
Plourde allegedly tortured a neighbor's chocolate Labrador in October 2004, which led to the animal cruelty charge. He was arraigned in February 2005 on a felony charge of burglary after he broke into a home and stole items.
Plourde's agreement with Caledonia State's Attorney Robert Butterfield recommends a total sentence of 18 to 36 months to serve in prison.
In addition, he will be required to comply with numerous conditions following his release from prison, including a condition that he complete psychological counseling and an animal cruelty treatment program. Plourde must agree to never own an animal for the rest of his life and must not live in a house where animals are kept. If directed by his probation officers, he must obey an 8 p.m. to 6 a.m. curfew.
On the burglary charge, a felony, he was sentenced to 5 to 10 years, all suspended except for 18 months to 36 months to serve, concurrent to the animal cruelty sentence.
He was sentenced to 6 to 12 months to serve on the charge of possession of stolen property, concurrent to his other sentences and 6 to 12 months to serve on the petty larceny charge, concurrent to his other sentences.
Plourde is currently on probation and has two charges of violation of probation outstanding. As part of his plea agreement, he will receive an unsatisfactory discharge from probation.
In January, Plourde was charged with a felony charge of lewd and lascivious conduct and three felony charges of sexual assault. He is awaiting trial on the four felonies which were not included in Wednesday's plea agreement. If convicted of any of the four felonies, his sentence would be separate from Wednesday's proposed plea agreement.
Judge Kathleen Manley agreed to schedule a sentencing hearing in about 30 days. She ordered a presentence investigation that will be completed and reviewed by all parties prior to the sentencing.
Judge Manley warned Plourde that while it was very unlikely, it was possible information could be presented to her that would make her reject the plea agreement altogether.
During his sentencing hearing, Plourde and the state may each call witnesses to testify and victims of his crimes may be allowed to address the court.
Commenting on the agreement, Butterfield told the court he felt the sentence represented a fair balance of punishment and rehabilitation. He told the court a straight prison sentence "wouldn't address his very serious mental health issues." Butterfield said the sentence included a punitive period of incarceration and conditions of probation that would "optimize rehabilitation." | Source: Caledonia Record - April 6, 2006
Update posted on Apr 6, 2006 - 10:14AM |
A second man was arraigned February 13, 2006 for his alleged role in a sexual assault on New Year's Day in Lyndonville.
Christopher Stark, 21, of Kirby, pleaded innocent to charges of lewd and lascivious conduct and felony sexual assault in Caledonia District Court. Stark is accused of repeatedly sexually assaulting a 17-year-old girl who is the girlfriend of Jeffrey Plourde, 18, of Lyndonville. | Source: The Caledonian Record - February 14, 2006
Update posted on Mar 26, 2006 - 7:42PM |
Sentencing has been delayed for a Lyndonville teenager who has admitted to torturing a dog. Originally Jeffrey Plourde pleaded no contest to charges he strangled and sodomized the dog in 2004. The dog died from its injuries.
But at Friday's hearing a judge rejected the plea deal, because Plourde reportedly denied the animal cruelty charges during a pre-sentencing investigation.
He is now scheduled to go to trial. A date has not been set. | Source: WCAX - Feb 10, 2006
Update posted on Feb 10, 2006 - 12:51PM |
Jeffrey Plourde went to his court hearing on January 17, 2006 hoping to be released, instead Judge M. Kathleen Manley said his propensity for violence was so great that he should continue to be held without bail. Before the hearing Plourde was arraigned on a new charge of lewd and lascivious conduct and three charges of sexual assault. The additional charges follow a joint investigation by Lyndonville police and state police into a Jan. 11, 2006 incident in which Plourde is accused of sexually assaulting his 17-year-old girlfriend.
The judge said the evidence presented at the hearing speaks volumes about Plourde's violent behavior. She said the evidence was so substantial that Plourde was a threat, not just to his girlfriend, but to his family and to the public. The evidence included testimony from Lyndonville Police Chief Jack Harris, a transcript of a telephone conversation between Plourde and the girl, and a written statement by the girl in which she describes the extended violence toward her by Plourde that included being strangled, slapped, punched and having her clothes ripped.
Caledonia State's Attorney Robert Butterfield told the judge the new charges, along with the evidence presented, not only indicate that Plourde provides a significant threat to the public, but that, as his criminal record shows, he has no respect for court orders. Butterfield said he is therefore a risk of flight and that no conditions of release will reasonably prevent such violence from happening again.
Butterfield read from a transcript of the taped telephone conversation in which Plourde can be heard arguing with his father in the background over money, making physical threats toward him. The transcript was provided by Harris who, upon taking the witness stand, identified those speaking in the transcript. In the transcript Plourde threatens to destroy personal property belonging to his father while using excessive profanity that created, as the judge called it, "an atmosphere of intimidation and threats." Manley said it was clear to her that Plourde "ruled the roost," and dictated what things were going to happen and when they were going to happen. She said his father, who has had the responsibility of monitoring Plourde, has not done an adequate job and should no longer have that responsibility.
Plourde's defense attorney Jill Jourdan argued that the sexual acts committed between Plourde, his girlfriend and a second male individual, were consensual. Jourdan said the victim had plenty of opportunity to leave during the approximately two days in which the incidents purportedly occurred. Jourdan asked the court to post a reasonable bail, considering the tight financial situation of Plourde's family. After about half an hour of deliberation, Manley returned and said the state had thoroughly proved that Plourde was dangerous and that it was highly probable he would commit further offenses, if released. Manley also said there were no other conditions that could be added to his release that would prevent him from committing further offenses, especially when considering that these latest offenses happened while Plourde was under house arrest. | Source: Caledonian Record - January 18, 2006
Update posted on Jan 23, 2006 - 11:25AM |
A Caledonia County teenager already awaiting sentencing on animal cruelty charges, is now charged with sexually assaulting a girl.
Police say 18-year-old Jeffrey Plourde assaulted the teenager In early January 2006. He's being held without bail pending the outcome of his arraignment on the new charges. Plourde faces one to three years in jail when he is sentenced for strangling and sodomizing a dog in 2004. | Source: WCAX News - January 12, 2006
Update posted on Jan 15, 2006 - 11:01AM |
Lyndonville teenager Jeffrey Plourde pleaded no contest to felony aggravated animal cruelty and three other charges in exchange for a much lighter than maximum sentence Wednesday at Caledonia County Court, but the judge expressed reservations.
"It is a complicated matter and raises troubling issues that need to be addressed," said Judge William C. Cohen about the felony aggravated animal cruelty charge, which he says lacks explanation. Under the newly proposed agreement, in exchange for a no contest plea, Plourde would serve only nine months in jail rather than the potential three to 15 years maximum penalty for October 2004 aggravated animal cruelty and January 2005 burglary charges. Judge Cohen said he was not comfortable with the agreement considering the seriousness of the charges, but ordered a sentencing hearing for the week of February 6 and an additional 30-day pre-sentencing investigation.
"I'm uncomfortable with the agreement as it is submitted (because of) lack of the court's information on the two felony charges � both extremely serious," Cohen said. "Without information from a presentencing investigation about what was involved or what circumstances involving the defendant's life" it is difficult to agree to a sentence, Cohen added. Under the new agreement, Plourde must undergo animal cruelty counseling in addition to the nine-month jail sentence, but Cohen called it "only a small step" in resolving the case.
Charges of animal cruelty stem from a Saturday night incident in October 2004 when Kelly Willis let Kacy, her 2-year-old chocolate Labrador retriever, outside for a bathroom break. The dog returned a little while later with injuries so severe Willis called a veterinarian to her home who determined the dog to have been "violated" in the rectum. Law enforcement officials got involved and discovered Kacy's tail had been separated from her backbone by at least six inches and her anal area was very red and swollen, court documents state. She was euthanized shortly after due to unbearable pain and an inability to eliminate. Taking information contained in the affadavit, Cohen said the allegations are "extremely serious" and "raise a lot of issues."
Butterfield said the agreement was "fair" to the defendant and the victims, but he refused to elaborate if Judge Cohen might reject the agreement. Defense attorney Jill Jourdan said she would argue for an even lighter sentence during the sentencing hearing.
About 10 people and a dog attended the change of plea hearing in support of Kacy the dog, some traveling from as far away as South Royalton and Clarendon. Plourde's guardian ad litem, his father Marc Plourde, attended to support him.
Those who supported the victim's owner said they were not pleased with the plea agreement after the hearing.
"I think he's getting away with murder," said Susan Sicord, Willis' mother, after the hearing. "I want him to go to jail to the full extent of the law. Laws are written for a reason."
The aggravated animal cruelty charge carries a maximum three-year jail sentence and a $5,000 fine.
Willis left the courtroom in tears and declined comment. Plourde also declined comment.
"Frankly, I would hope for a stiffer sentence," said Tom Browe, executive of the Clarendon-based Vermont Humane Federation. "I think there needs to be more time in jail due to the serious nature of the crime and I like the judge's apparent hesitation to accept the agreement." | Source: The Times Argus - Jan 6, 2006
Update posted on Jan 6, 2006 - 8:39PM |
A Northeast Kingdom teenager has admitted to animal cruelty charges. On January 4, 2005, Jeffrey Plourde pled no contest to charges he strangled and sodomized a dog in 2004. The dog was so severely injured it had to be put down.
A judge ordered a pre-sentencing hearing. | Source: WCAX News - January 4, 2006
Update posted on Jan 4, 2006 - 10:11PM |
| The next hearing is set for January 4th, where it is anticipated that Plourde will change his plea to no contest. If Plourde does in fact change his plea, sentencing would be scheduled for February 2006. | | Update posted on Dec 11, 2005 - 11:16AM |
Another round of depositions is scheduled for Oct. 27, said Robert Butterfield, Caledonia County states attorney.
Plourde has been confined to strict house arrest with his mother and father since pleading not guilty to the charges in February.
Judge Kathleen Manley ordered a January jury draw for the case unless a plea agreement is reached on the felony aggravated animal cruelty charge and another felony burglary charge Plourde faces. Under state law, aggravated animal cruelty is punishable by a prison sentence of up to three years or a fine up to $5,000, or both.
A plea agreement could be possible.
"The state is looking for jail time, 10 years (in jail) for the burglary and one to five years for animal cruelty," Jourdan said. "I think we are going to evaluate the offer and look at the evidence the state has against him." | Source: Times-Argus - Oct 15, 2005
Update posted on Oct 17, 2005 - 8:22AM |
A defense attorney for the Lyndonville teen accused of strangling and sodomizing a dog last fall asked for a change of trial venue due to public outcry against her client.
Judge Walter Morris said at the end of the hearing Wednesday at the Caledonia County Courthouse he would review materials before issuing a written decision.
"There has been less of a public outcry over children who have been beaten and abused," said attorney Jill Jourdan Wednesday after the change of venue hearing.
Jourdan's client, Jeffrey Plourde, who turned 18 last month, pleaded not guilty Feb. 28 to charges of aggravated animal cruelty in a case where Kacy, a 2-year-old chocolate Labrador retriever, was so severely injured she had to be euthanized. According to court documents, Plourde was charged with the felony after several witnesses came forward to say he bragged about committing the crime. Under state law, aggravated animal cruelty means to intentionally and maliciously torture, mutilate or cruelly beat an animal and is punishable by a prison sentence of not more than three years or a fine of not more than $5,000, or both.
In a competency hearing held April 25, Judge Morris found Plourde competent to stand trial.
Jourdan said Plourde would not get a fair trial in Caledonia County based on messages she read on a Web site concerning Kacy's demise. Visitors to the Web site left messages about the accused and about Marc Plourde, Jeffrey's father, Jourdan said. The messages strongly suggested a presumption of Plourde's guilt, the lawyer said.
"They even monitor my client's father and what he does for work. � It was not so much the news articles, but the response to them to address justice for the euthanized dog�" that presents the problem, Jourdan said, characterizing the allegations as "somewhat revolting."
But State's Attorney Robert Butterfield said the case did not warrant a change of venue, based on paperwork Jourdan presented.
"Notoriety is not enough to warrant a change of venue," Butterfield said. "This case certainly has attracted attention, but this county is a fairly large county. There are a large amount of people who are not interested in the news and what people have to say about the news."
Plourde also sought to change conditions of his release from staying under 24-hour curfew at his father's home to spending weekends at his mother's Pudding Hill Road residence, also in Lyndon. His mother, Beverly Before, did not attend the hearing.
Marc Plourde and Beverly Before shared joint custody of Jeffrey Plourde before he was sentenced to the home detention for breaking probation for unrelated crimes, including felony burglary and larceny.
Jeffrey Plourde has not seen his mother since February, Jourdan said.
Both Morris and State's Attorney Robert Butterfield said it would be necessary to have a strict schedule presented to the court and to Lyndonville Police Chief Jack Harris.
Morris approved the change if Before submits a written affidavit swearing she would supervise Plourde at all times when he is in her custody. | Source: Time Argus - May 19, 2005
Update posted on May 21, 2005 - 12:04AM |
Seventeen-year-old Jeffrey Plourde of Lyndonville pleaded innocent Monday in Caledonia District Court to felony charges of aggravated animal cruelty. He also pleaded innocent to a felony charge of burglary, a misdemeanor count of petty larceny and two charges he violated his probation.
Publicity surrounding the dog's torture resulted in outrage among many animal activists and concerned citizens. Several held picket signs in front of the courthouse Monday. About 10 concerned citizens attended the arraignment to show their sympathy for Kacy and the dog's owner, who was also present for Plourde's arraignment.
After accepting Plourde's innocent pleas, Judge Walter Morris Jr. ordered him to undergo an outpatient evaluation for mental competency and sanity and agreed to impose a number of strict conditions of release recommended by Caledonia County State's Attorney Robert Butterfield.
After the arraignment, Plourde was released into the custody of his father and mother, Marc Plourde and Beverly Before, on conditions that include a 24-hour curfew during which Plourde must confine himself to his home except for participation in mandated programming required as part of his probation, meetings with his attorney or court appearances.
Plourde is not to be out of the house unless in the company of his father, Marc Plourde, and is not to be in a car unless it is operated by Marc Plourde.
Other conditions of release include a prohibition on contact with Gerald Prevost, John Rhodes, Nick Bijolle, Travis Johnson, Christopher Stark, Melinda Mitchell, Alicia Mitchell, Kelley Willis, Justin Lamphere and Ashley Lee. None of these people are allowed into the residence where Plourde is to reside.
Other conditions of release include prohibitions on the use of regulated drugs without a prescription and the use of alcohol.
Plourde is not to have or be in the presence of animals and may not be in a residence where animals are kept.
Plourde also has been charged with burglary and petty larceny.
According to the affidavit of state trooper Teresa Randall, Plourde and Christopher Stark, 20, of Kirby, used Stark's driver's license to unlock the kitchen door of a home belonging to Gerald Prevost in Lyndonville, then stole items from Prevost's son's bedroom during a burglary Jan. 30.
On that same night, according to Randall's affidavit, Plourde led the trooper to a vacant mobile home stored on a lot on Hill Street in Lyndon. He reached under the trailer and pulled out items identified as having been taken from the Prevost residence earlier on the same day.
Plourde entered denials to the two charges of violating conditions of probation.
According to the affidavit of probation officer Robert Moran, Plourde was convicted Jan. 24 of two charges of petty larceny and received a sentence of 5 to 12 months, all suspended but for 30 days to serve on one of the charges, and 30 days to 6 months, all suspended but for 30 days to serve on the other charge.
The 30-day sentence was to be served on the community work crew. Plourde was placed on probation for a term set to expire on Jan. 24, 2007.
On Jan. 27, Plourde met with Michael Cusumano, a probation officer. During the meeting Cusumano read and explained the probation order and conditions and Plourde signed them.
On Jan. 30, though, Plourde, while riding with Christopher Stark, decided to break into the residence of Gerald Prevost, according to Moran's affidavit. While riding with Stark, Plourde smoked marijuana, according to the affidavit.
The affidavit cites an affidavit written by trooper Randall dated Feb. 2. In his affidavit, Moran writes that Randall met and spoke with Plourde at 12:45 a.m. on Jan 31 in the Lyndon State College parking lot. Plourde admitted to Randall that he was on probation and out beyond his curfew at the time of the meeting, according to Moran.
The two charges of violation of probation are based on Plourde's admission he smoked marijuana and was out past his curfew, according to Moran's affidavit. | Source: The Caledonian-Record News - March 1, 2005
Update posted on Mar 2, 2005 - 9:12AM |
Plourde was sentenced in Caledonia District Court on the afternoon of Monday Jan 21, as a result of his no contest pleas to five misdemeanors. Judge Walter Morris gave Plourde 6 to 18 months to serve, all suspended except for 60 days to be served on a community work crew. Plourde must also comply with other terms and conditions.
Plourde pleaded no contest to two counts of petty larceny, a count of littering and two counts of violating conditions of release. As part of the plea agreement, three other charges of violating conditions of release were dismissed by the state.
Recently, Plourde has been charged with aggravated animal cruelty as the result of a police investigation of the deliberate injury in October of a chocolate Labrador retriever owned by a Lyndonville woman, Kelley Willis. See Story
Plourde has not been arraigned by the court on the charges and has not entered a plea on the animal cruelty charges.
Today's plea agreement wrapped up all outstanding charges against Plourde, other than the animal cruelty allegation.
One of Plourde's no contest pleas was to a charge of petty larceny for allegedly stealing copies of a newspaper from the White Market in Lyndonville. He pleaded no contest to a charge of littering as a result of allegations he scattered the newspapers around Lyndonville.
Another charge of petty larceny resulted from the theft of $630 from the home of Jennifer Croft of Lyndonville.
Plourde also entered no contest pleas to two charges of violating conditions of release.
In addition to the underlying sentence of 6 to 18 months, all suspended except for 60 days on the work crew, Plourde will be placed on probation.
According to deputy prosecutor Kyle Sipples, Plourde could remain on probation for up to 3 years, or his probation officer could recommend Plourde be released from probation earlier.
Other conditions imposed by the court include a requirement he complete the reparative board, observe a curfew as directed by his probation officer, agree to either attend school or obtain full-time employment, undergo mental health screening and counseling if recommended, and undergo alcohol and substance abuse screening and counseling if recommended.
The prosecution originally signed a plea agreement with defense attorney Jill Jourdan on Nov. 30 that called for an underlying sentence of 9 to 18 months. The prosecution stipulated that in return for entering no contest pleas to the five misdemeanors, the prosecution would cap the sentence sought to no more than 9 to 18 months. The prosecution also agreed to allow the defense to argue for a lesser underlying sentence.
During Monday's sentencing, Jourdan argued for a reduced underlying sentence of 2 to 12 months.
Judge Morris knocked three months off the state's 9-month minimum recommendation, resulting in an actual underlying sentence of 6 to 18 months.
Deputy prosecutor Kyle Sipples made clear the state had entered the plea agreement on the five misdemeanors before charges were filed in the animal cruelty case. Sipples told the judge the state felt bound by its prior agreement.
In handing down his sentence, Morris made clear he could not and did not give any consideration to any other allegations against Plourde when sentencing Plourde on the five misdemeanors.
Plourde is scheduled to be arraigned in Caledonia District Court Feb. 28 on the charge of aggravated animal cruelty. | Source: The Caledonian Record - Jan 25, 2005
Update posted on Feb 1, 2005 - 6:50PM |
References- - Feb 10, 2005
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- March 14, 2006
- January 25, 2006
- January 13, 2006
- February 8, 2005
- January 21, 2005
- February 11, 2006
- February 1, 2005
- - May 9, 2006
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