Lawyer explains punishment for accused in animal abuse cases

Two high-profile cases involving animals in Southern Colorado shed light on differences in possible punishments for those accused.

The El Paso County Sheriff’s Office seized 10 horses and four llamas from a barn in Black Forest. Horse owner Sherri Brunzell was cited for cruelty to animals, which is a class 1 misdemeanor.

A neighbor discovered 14 horse carcasses in the barn. Some of the horses that were alive were seemingly starving.

In July a judge slapped a kitten killer with jail time. Robert Heckmann was accused of torturing and killing a kitten named Loki. He was charged with a class 6 felony for aggravated cruelty to animals.

Criminal defense lawyer Shimon Kohn represented a women who faced felony charges for the death of several horses.

He said the difference between a misdemeanor and a felony in these cases, is whether the accused knew what they were doing when they committed the crime.

“It wasn’t a mistake or accident at the time that you did it. As opposed to the misdemeanor crime where you did it recklessly,” said Kohn.

It was only in recent years that the Legislature decided to make cruelty to animals a felony.

“It’s relatively new. Up until then, all animal cruelty cases were misdemeanors,” said Kohn.

The charges aren’t a done deal. Investigators can suggest charges be changed from a misdemeanor to a felony as new information and evidence turns up.