AR-News: (US_WA) Second boy gets deferred sentence in killing of cat

[jim robertson]

Second boy gets deferred sentence in killing of cat
Spokane Valley teen could have charge erased


Bill Morlin
Staff writer
Jesse Tinsley - The Spokesman-Review
Rusty Rardon wipes away a tear Thursday during a court appearance on animal 
cruelty charges.



The second of two Spokane Valley teenagers who abducted a cat and set it on 
fire also will get a felony animal cruelty charge erased if he completes a 
year's probation.

Rusty Rardon was given a deferred sentence Thursday by Superior Court Judge 
Richard Schroeder, hearing a Juvenile Court case.

Rardon's buddy, Jason Brumback, also was given a deferred sentence on 
Tuesday by Schroeder.

"This court has to be consistent in applying the law to both of them," 
Schroeder said in granting the deferred sentence to Rardon.

Like Brumback, Rardon also must complete 150 hours of community service, 
including 50 hours in an animal care or treatment facility. The teens must 
pay $592 to county animal control for the cat's medical bills and $250 
apiece for their public defenders.

If Rardon or Brumback violate any conditions imposed during the one-year 
period, they will be brought back to Juvenile Court for direct sentencing 
with a felony record.

The judge said he based part of his reasoning on Washington state law, which 
says only juveniles convicted of crimes of violence are ineligible for 
deferred sentences.

First-degree animal cruelty is not currently defined under Washington state 
law as a "crime of violence."

"I know what I did was wrong," Rardon told the judge and Bernie Womack, who 
owned the 2-year-old brown tabby her family called "Max."

The cat was abducted from Womack's front porch at 11:30 p.m. on July 20 by 
the two teens, who told deputies they were bored.

At the time, Brumback was a runaway from his family's home in Northwood and 
Rardon was living in a single-parent home with his mother, who works nights.

The boys, who had obtained gasoline, drove the cat in Brumback's Dodge truck 
about five blocks to a darkened school field.

Brumback doused the cat with gasoline and Rardon struck the match, turning 
the animal into a "running fireball." The cat was euthanized three days 
later.

"I apologize," Rardon said. "I'm very sorry."

Both boys were charged with first-degree animal cruelty, a felony.

Schroeder, who is retiring, was assigned the high-profile case by Judge Greg 
Sypolt after it ignited a firestorm of public outcry this summer, including 
a petition drive.

If the two 17-year-olds complete a checklist of conditions, including spot 
drug testing, they will have the felony charge wiped from their records next 
year.

Like she did in Brumback's case, Deputy Prosecuting Attorney Sandra Gabriel 
argued that Rardon should have a permanent felony record and not get a 
deferred sentence.

Gabriel said Rardon lied about what occurred and "did not accept 
responsibility" until his defense attorney moved for the deferred sentence.

Juvenile Court probation officer Michelle Barbeau also argued against a 
deferred sentence.

Among her reasons, the probation officer said Rardon violated terms of his 
home detention when juvenile court officers found marijuana residue and a 
bong-pipe at his home in August.

His father committed suicide three years ago and his brother took his life 
five years ago, Barbeau told the court.

The judge also was told the boy may suffer from a bi-polar mental disorder 
and have Attention Deficit Disorder, but is receiving no treatment or 
counseling.

Megan Manlove, Rardon's court-appointed public defender, requested the 
deferred sentence so Rardon can join the Marines without a felony record 
when he completes high school.

The judge's ruling didn't rest well with courtroom spectators, including a 
young woman who murmured, "This is a joke."

Others, including Chris and Bob Anderlik said the case shows the Legislature 
needs to redefine animal cruelty as a crime of violence.

The judge also said he couldn't order more confinement for Rardon because he 
already has completed 30 days of home confinement, the maximum allowed by 
the law for first-degree animal cruelty.

Under the law, a day of home detention equals a day in Juvenile Detention. 
Both Brumback and Rardon were given credit for 30 days of home detention.

That law just changed, and home detention prior to a juvenile conviction 
won't count as a day in juvenile detention, court officials said.

Rardon's mother, Bonnie Mustain, was in the courtroom, but did not address 
the judge. His grandmother, Jackie Mustain, who lives in Montana, said her 
grandson deserved the break a deferred sentence would give him.

"If I'd heard this from anybody but my daughter, I wouldn't have believed 
it," Jackie Mustain said of the crime.

Neighbor Jaynee Anderson, who described herself as an "animal lover," also 
urged the court to give Rardon the deferred sentence.

Since the crime, she has befriended the boy, and he has come to her home to 
help her administered injections to her cat who's dying of cancer, Anderson 
told the judge.

Rardon also checked in with her by phone when he was on home detention, 
Anderson said.

Rardon's neighbor said "nobody was there for Rusty" when his brother and 
father separately committed suicide.

"Now we need to be there for him as a community," Anderson said after the 
sentencing.

Womack, standing nearby, said she expected the deferred sentence. "It will 
make him or break him," she said.

"I do feel both sets of parents need to take responsibility for what 
happened here," Womack said.

"I'm just glad it's over," the cat's owner said.

Then she went to the prosecutor's office to pick up a bouquet of flowers 
delivered Thursday to the Womack family.

The card was only signed, "Love, Max."


•Bill Morlin can be reached at (509) 459-5444 or by e-mail at 
billm at spokesman.com.



In fact, if one person is unkind to an animal it is considered to be 
cruelty, but where a lot of people are unkind to animals, especially in the 
name of commerce, the cruelty is condoned and, once large sums of money are 
at stake, will be defended to the last by otherwise intelligent people.
-- Ruth Harrison, author of Animal Machines

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