People v. Larson

• Decision Date: 05 March 2008
• Docket Number: No. 2-06-0096.,2-06-0096.
• Citation: 379 Ill. App.3d 642,885 N.E.2d 363
• Parties: The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Alan J. LARSON, Defendant-Appellant.
• Court: United States Appellate Court of Illinois

885 N.E.2d 363

379 Ill. App.3d 642

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Alan J. LARSON, Defendant-Appellant.

No. 2-06-0096.

Appellate Court of Illinois, Second District.

March 5, 2008.

Thomas A. Lilien, Deputy Defender (Court-appointed), Office of the State Appellate Defender, Elgin, Patricia A. Wrona (Court-appointed), Wrona Law Offices, Chicago, for Alan J. Larson.

James P. Hursh, Boone County State's Attorney, Belvidere, Lawrence M. Bauer, Deputy Director, Marshall M. Stevens, State's Attorney Appellate Prosecutor, Elgin, for the People.

Justice HUTCHINSON delivered the opinion of the court:

In December 2005, a jury found defendant, Alan J. Larson, guilty of committing the offenses of aggravated cruelty to an animal (510 ILCS 70/3.02 (West 2004)) and possession of a firearm without a firearm owner's identification (FOID) card (430 ILCS 65/2(a)(1) (West 2004)). Following the trial court's denial of defendant's motion for a new trial, the trial court imposed a sentence of 12 months' probation. Defendant appeals, presenting three issues for our review: (1) whether his conviction of aggravated cruelty to an animal must be reversed because the statute defining the offense is unconstitutionally vague; (2) whether the State proved him guilty beyond a reasonable doubt of the offense of aggravated cruelty to an animal; and (3) whether the State proved him guilty beyond a reasonable doubt of the offense of possession of a firearm without a FOID card. We affirm.

On October 12, 2004, defendant was charged with committing the offenses of aggravated cruelty to an animal and possession of a firearm without a FOID card, stemming from an incident on October 10, 2004, where defendant shot the family dog. On March 1, 2005, defendant filed a motion to declare the aggravated-cruelty-to-an-animal statute unconstitutional. Defendant argued, inter alia, that the statute was void for vagueness and that it provided inadequate notice for compliance. Following argument of the parties, the trial court found the statute constitutional and denied defendant's motion.

The case proceeded to trial on December 6, 2005. Linda Larson, defendant's wife, testified that she and defendant had been married for 16 years. They had three children, Olle, John, and Tracey, who were 15, 14, and 13 years of age, respectively. Linda testified that defendant had been unemployed for approximately three years.

Linda testified that, in 2002, the family had a pet dog, a German shepherd. Linda testified that the dog had a skin disease, and they ultimately had to take the dog to the veterinarian to be euthanized. In March 2003, the family fostered and then adopted a pet dog, a Rhodesian ridgeback named Sinai, from Kathy Bakken. Linda testified that the family had no problems with Sinai. Linda testified that Sinai was initially shy around the family for a couple of weeks, but then became integrated with the family. Linda testified that Sinai never displayed any aggressive tendencies toward anyone and never bit anyone.

Linda further testified that, in November 2003, her father moved in with the family for approximately six months. Linda testified that her father suffered from dementia and that she was his guardian. Linda testified that her father got along very well with Sinai and that Sinai was never violent or aggressive toward him.

Linda testified that the family decided that Sinai needed a playmate, and they later adopted another dog, named Sheba. Linda testified that Sinai and Sheba got along with each other and that Sinai never displayed any aggressive behavior toward Sheba.

Linda testified that, on October 10, 2004, defendant drove her to work. At approximately 3:30 p.m. that day, defendant picked her up from work, and they went to a store in Rockford. Linda testified that, on their way to the store, defendant told her "there's going to be one less dog" when she got home. Linda testified that she said to defendant, "you didn't kill Sinai," and defendant replied that he had. Linda testified that defendant said "they had a hole and they dragged him to the hole." Linda testified that she was very upset and crying, but defendant was calm and normal. Linda testified that she went into the store, where she called a friend from work and told her that defendant had shot Sinai with a gun.

Linda further testified that they then went to Target, and she went in by herself. Linda testified that, when she came out of Target, their vehicle was surrounded by police squad cars. Linda testified that she spoke with Boone County Detective Jerry Ashens on her cell phone. Linda testified that defendant was transported to the Boone County police department, and she returned home. Linda testified that their children were home when defendant shot the dog.

Linda testified that Sinai "loved everybody," but that, in the two weeks before the shooting, Sinai was protecting her more and barking at defendant. Linda testified that, during those two weeks, she and defendant had begun dissolution proceedings. Linda testified that defendant had threatened to kill Sinai but that she did not believe that he would do so.

Linda testified that, on October 11, 2004, the police came to the house and took all of defendant's firearms. Linda testified that the firearms had always been kept hidden in the basement, but, when the police came to the house, the firearms were found in the trunk of their car in their driveway.

Jerry Ashens from the Boone County sheriff's department testified that, on October 10, 2004, he was dispatched to the Larson residence for a welfare check. Ashens testified that the dispatcher told him that Linda had received information that defendant was going to do harm to one of the family pets, and her employer was concerned about her well-being. Ashens testified that he went to the Larson residence and spoke with the son Olle. Ashens testified that Olle telephoned his parents, and Ashens then spoke with Linda, who told Ashens that she was upset because defendant had shot and killed Sinai. Ashens testified that he subsequently spoke with defendant, who admitted to shooting the dog with his .45-caliber handgun. Defendant told Ashens that he shot the dog at least three times and that he shot the dog because it had been growling and barking at him. Ashens testified that defendant told him that he buried the dog.

Ashens further testified that he asked defendant whether he had a FOID card, and defendant replied he did but that it had expired in 2002. Ashens testified that the police subsequently seized defendant's weapons from the trunk of his vehicle, and one of the weapons seized was a .45-caliber handgun. Ashens identified defendant's FOID card in evidence, which reflected an expiration date of January 1, 2002.

Kathy Bakken, the regional coordinator for the Midwest region of the Rhodesian Ridgeback Rescue, testified that, prior to the Larsons' fostering and adopting Sinai, she fostered Sinai for approximately four months. Bakken testified that Sinai was submissive to all of her other dogs and did not exhibit aggression. Bakken testified that, in May 2003, when she turned Sinai over to the Larsons, she told them that they could return Sinai to her if for any reason Sinai did not work out with them. Bakken testified that the Larsons never advised her of any problems with Sinai. Bakken testified that she assisted the Larsons in adopting Sheba in September 2003.

Bakken further testified that, on October 11, 2004, she was notified of the incident involving Sinai. Bakken testified that, on October 12, 2004, she traveled to the Larson residence and reclaimed Sheba. Bakken testified that she asked defendant where Sinai was and defendant replied that he had shot Sinai. Bakken testified that defendant's demeanor seemed very calm and conversational.

The State rested, and Olle Larson, defendant's father, testified on behalf of defendant. Olle Larson testified that, on August 28, 2004, he was at the Larson residence for a birthday party, and Sinai bit him on the leg. Olle Larson testified that the incident startled him but the bite did not pierce his skin and there was no bruising.

Defendant's son Olle testified that, approximately three months after Sinai came to live with them, the dog bit him on his nose and hand. Olle testified that he told his mother about the bites but that she did not do anything about it. Olle testified that he observed Sinai bite defendant numerous times. Olle testified that Sinai was friendly toward women and unfriendly toward men. Olle testified that Sinai acted aggressively toward visitors. Olle testified that Sinai became more aggressive after the family adopted Sheba.

Olle further testified that, on October 10, 2004, defendant left the house to pick up Linda, and, approximately two hours later, the police arrived at the house. Olle testified that he told the police that his parents might be having a dispute because the dog was gone and that "dad got rid of the dog." Olle testified that he told the police it was possible that a gun was involved.

On cross-examination, Olle admitted that he did not receive medical treatment for the dog bites he received. Olle testified that Sinai was already gone on October 10, 2004, when the police arrived, and he denied seeing what happened to Sinai.

Defendant's son John testified that Sinai did not like him, his brother, or his dad. John testified that, sometime in October 2004, Sinai bit him in the face. John testified that Sinai also bit his brother, defendant, and a Scouting friend. John testified that he was afraid of the dog. John testified that, on October 10, 2004, he was on a Scouting trip with his brother. He testified that, when they returned home, Sinai was gone and he did not know what happened to the dog.

Defendant's daughter, Tracey, testified that Sinai was a good dog at first. Tracey testified that, after Sinai became comfortable, he began tearing up her parents'...