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Animal Law Keyed to Wagman
State v. Kuenzi
Citation:
332 Wis. 2d 297, 796 N.W.2d 222 (2011)Facts
In January 2009, Rory and Robby Kuenzi were operating snowmobiles on a trail in Waupaca County, Wisconsin when they encountered a group of thirty to forty deer in a field. The brothers allegedly left the trail and began chasing the deer with their snowmobiles, intentionally striking and running over several of them. Robby Kuenzi allegedly performed a “burn out” on top of one downed deer, causing its abdomen to rip open. The brothers also allegedly tied a strap around the neck of another downed deer, dragged it to a tree, and secured it there while still alive, where it later suffocated trying to free itself. Law enforcement discovered five deer with significant injuries; four were dead, and one had to be euthanized. The State charged both defendants with multiple counts of mistreatment of animals under Wisconsin’s animal cruelty statute, but the circuit courts dismissed the charges, accepting the defendants’ argument that only hunting regulations could apply to their conduct.
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