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Oct. 25, 2006

Backyard butchery of a steer rates 10-day jail sentence

By MARK WAITE
PVT




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Leonard Gelzainis, 51, of Pahrump, was sentenced to 10 days in jail by Pahrump Justice of the Peace Tina Brisebill Thursday, in a well publicized animal cruelty case.

Gelzainis was accused of butchering a cow in his back yard Oct. 1, 2005, a case that aroused the attention of animal rights advocates.

Gelzainis pleaded not guilty last February and was originally scheduled to go to trial March 30.

Gelzainis described confidently in Pahrump Justice Court how he helped lasso the 1,100-pound steer to his truck. He didn't want to shoot the animal because that would taint the meat.

Instead, he stabbed it to death.

The animal stayed tied up for eight hours, he testified. Children next door yelled obscenities at him while he slaughtered the animal.

"I bought the animal when it was a young calf. We planned to butcher it," Gelzainis testified.

When asked if he had the steer tied up to his pickup truck, Gelzainis said after the Nye County sheriff's deputies left his property and before the butcher arrived, he pushed the steer to see if it's belly was getting stiff.

Gelzainis said the steer was dead about five minutes after he stabbed it.

Gelzainis testified a sheriff's deputy came up to his fence, looked at the animal and said, "You have every right to do what you did."

It took eight hours to butcher the steer, he said.

Deputy District Attorney Charlie Watkins, in his closing argument, said the key question was whether Gelzainis committed an act of cruelty to an animal.

"I know that can't be a proper way to do butchering," he said.

Defense attorney Richard Tannery questioned the credibility of the witnesses. The neighbors all had a different story, Tannery said, adding they were "very sensitive" people.

"Common sense would dictate the neighbors didn't like what he did," Tannery said. "A lot of people butcher their animals. They butcher them in the back yard. They butcher them in this county. The question is whether they butchered them humanely."

Tannery argued his client's act wasn't unjustified.

But Brisebill didn't sympathize with Gelzainis.

"I'm appalled at what I heard today. I don't think it's humane at all," Brisebill said. "If the defendant didn't know how to properly do it, he should've found someone who knew."

However, while Watkins said the state recommended the maximum penalty, of six months in jail and a $1,000 fine, Brisebill didn't think that would be appropriate. Besides the jail time, Gelzainis will be required to serve 48 hours of community service in the Nye County animal shelter.

"We're not going to tolerate animal cruelty in Nye County. We hope this conviction sends a deterrence," District Attorney Bob Beckett said after the verdict.

Beckett said the prosecution testimony showed the cow suffered for an hour and a half. Its legs were stretched out.










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