US court to decide if failure to put dying pet down is cruelty

Sandy PawpawMarch 11, 20244 min
Man veterinarian using stethoscope examining heart a beagle dog breed on vet table at vet clinic

This is a case that pet owners around the world would be keenly watching. The Supreme Judicial Court of Massachusetts in the United States is considering whether failure to euthanize a dying pet should be a crime.

Mary Ann Russo from Weymouth in Massachusetts took her 14-year-old dog, Tipper, to an animal hospital twice in 2020 after discovering he had a large tumour. A veterinarian there recommended that Tipper be put to sleep, but Russo refused and took him back home.

As anyone who has cared for a dying pet (or permanently comatose person) knows, the toughest decision is when to let go. While veterinarians may in their professional wisdom suggest euthanasia, it is not uncommon for veterinarians themselves to struggle with the decision when it comes to their own pets.

“I said I would handle it, but I want my Tipper to be home for a little bit,” Russo told NBC Boston. “I wanted him to at least have his loving family around him, not laying on a cold table among strangers.”

Russo claimed Tipper was recovering at home, but the veterinarian filed a complaint with the Animal Rescue League. Officers who came to check on Tipper said he was barely breathing. They obtained a warrant to put Tipper down. “It was horrible,” Russo said.

Prosecutors said Tipper was in pain beyond control, and Russo allowed it to go on, taking no steps to reduce the dog’s suffering. “While death is inevitable for all living creatures, suffering and pain is not,” Assistant District Attorney Tracey Cusick told the court last week.

The criminal case against Russo was rejected by a lower court and an appeals court. It is now up to the Supreme Judicial Court to decide if the case should go to trial. Justice Scott Kafker cut to the heart of the matter when he said last week that the court will have to “interpret ‘wilful’ [to mean Russo] intended the suffering”.

If the court does decide the case can go to trial, Massachusetts would become the first state in the US, and possibly the world, where failure to euthanize a terminally ill pet would be considered animal cruelty.

Russo, who has since got a new pet dog, could face jail time if that happens, but she is hopeful the court will see she is an animal lover, not an abuser. “I’m doing the correct thing for Tipper and all of the animals like him,” she told an NBC reporter. “I should have had a say in this whole process.” Now that’s a sentiment most pet owners will agree upon.

Sandy Pawpaw

Sandy Pawpaw is a fierce advocate of unleashing the animal in, and with, you.

One comment

  • Bittu

    March 19, 2024 at 1:16 am

    While the court is yet to pronounce its verdict, I would be surprised if the judges decided to order the person’s prosecution. While it may seem obvious to an outsider that the animal needs to be put down, it is often not obvious to the owner because the person is emotionally attached to the animal. And I do not agree with the prosecutor who says while death is inevitable, pain is not. Pain, like pleasure, is an essential part of life. Only the dead feel no pain.

    Reply

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