Friday, June 04, 1999
Stomping injured bird: Murder or mercy killing?
Man faces charge of animal cruelty
BY AMY CAPPIELLO
The Cincinnati Enquirer
NEWPORT — A split-second decision to end the life of an injured bird has landed a Cincinnati man in court.
The issue: Was it a mercy killing, or merciless murder?
“I would rather die than have an ... animal-cruelty charge on my record,” said Thomas Durm, 25, of Clifton.
Mr. Durm was arraigned in Campbell County District Court on Thursday on a misdemeanor charge of cruelty to animals in the second degree.
Mr. Durm said he spotted a bird in the middle of Johns Hill Road in Highland Heights on Wednesday as he drove to his brother Steven's home. But when he stopped to examine the bird, he said he noticed that its beak was broken and oozing green fluid. After placing the wounded animal underneath a nearby bush, Mr. Durm continued on to his brother's home.
“I had just arrived at my brother's house with my girlfriend, and my brother suggested to mercy-kill (the bird),” Mr. Durm said. “I made the split decision to kill it with my foot, and that's when the Highland Heights Police officer drove by.”
A report by Officer John
Christmann said Mr. Durm stomped on the bird two times before turning to smile and cheer along with his brother, who, the officer said, flashed a “thumbs up” sign.
Mr. Durm denied celebrating the bird's death and claims he stomped the bird only once. “When I did it, I jumped back, and that might have looked like I was jumping up and down,” he said.
Highland Heights Police Chief Carl Mullen said the brothers were argumentative when Officer Christmann approached them. Mr. Durm conceded he made a mistake with the officer.
“He came back and said he was going to charge me with cruelty, and I said, "I don't think I should have been charged with that. It was dying.'”
Mr. Durm pleaded not guilty to the charge, and a bench trial was set for 2:30 p.m. June 11.
If convicted of the Class A misdemeanor, Mr. Durm could face up to one year in jail and up to a $500 fine.
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