Seattle Animal Watch believes that animal cruelty is an invisible issue in our communities. Part of the reason is that there is insufficient media coverage and subsequent analysis of criminal cases involving animal cruelty and their penalties. The public is often under the impression that if charges are filed, then justice will be served and the penalties will fit the crimes. They are often shocked and dismayed to find this is not the case.
A recent case in Tacoma, WA, involving dogfighting is just one example of how our court system treats animal victims. All information in this article was derived from public documents and news sources. We present this case to readers to answer an important and reasonable question: Was justice served?
Warning: Violence against companion animals is discussed.
Case Summary
In December 2019, Elmer James Givens, Jr (hereafter referred to as “Givens”) was accused of running a dog-fighting ring and 84 dogs were removed from his property. Nearly two dozen (23) additional dogs were removed from his property less than a year later, in October 2020, over suspicions of animal cruelty. To date, Givens has had at least 107 dogs seized from his property due to neglect and abuse.
On March 4, 2021, Givens was charged with 75 counts of animal cruelty crimes by the State of Washington due to the December 2019 event:
1 Count - Animal Fighting
57 counts 1st Degree Animal Cruelty
17 counts 2nd Degree Animal Cruelty
Givens received a high ‘offender score’ (RCW 9.94A.525) of 8. The offender score is a factor affecting a felony sentence, and an individual may receive from 0 to 9+ points based on five factors:
Number of prior criminal convictions or juvenile dispositions
Relationship between any prior offense(s) and the current offense of conviction
Presence of other current convictions
Community custody status at the time the crime was committed
Length of crime-free time between offenses
Givens’ score was high as he had prior felony convictions for Taking a Motor Vehicle Without Permission (1998) and Assault 2 (2008).
On March 17, 2023, Givens pled guilty to only 10 of the 75 charges. This still secured both felony and gross-misdemeanor level convictions.
9 Counts of Animal Cruelty in the First Degree
1 Count of Animal Cruelty in the Second Degree
The state noted that “the defendant has committed multiple current offenses and the defendant's high offender score will result in some of the current offenses going unpunished…[and] the failure to consider the defendant's prior criminal history which was omitted from the offender score calculation…results in a presumptive sentence that is clearly too lenient, and against the peace and dignity of the State of Washington.”
Why was Givens able to evade the other 65 charges?
Unfortunately, there were evidentiary issues with the case, which made conviction on all 75 counts doubtful. To start, while there was evidence that Givens had harmed some of the dogs, there was no evidence that any died as a result of their abuse. Typically in cases of dog fighting or hoarding, animal remains are discovered and those are usually the charges that carry the most weight.
The other evidentiary issues seen most likely stem from an under-trained and/or over-worked animal control agency rapidly intaking a large number of animals. The 56 counts of 1st Degree Animal Cruelty were all originally represented as “starved, dehydrated, or suffocation,” but majority of the dogs had body composition scores between 2-4, ranging from “too thin” to “ideal.” Body composition scores are assigned by treating vets and range from 1 to 9, with 1 being emaciated and 9 being severely obese. A body composition score of 4 or 5 is ideal. Only 2 of Givens’ dogs had body composition scores under 2.
Additionally, 6 of the dogs identified in the group above as “starved, dehydrated, or suffocation” were identified as having BB pellets embedded in their bodies. The charges for these dogs were later amended to “inflicts substantial pain on an animal, or causes physical injury to the animal.” However, it’s important to note that the defendant was observed shooting 2 additional dogs with a BB gun less than a year later, on October 12, 2020.
WA State Recommendation on Punishment
The second degree animal cruelty charge carries a punishment of up to 1 year in jail and $5,000 in fines. The first degree animal cruelty charge carries a punishment of up to 5 years in jail and $10,000 in fines.
WA State prosecutors made a recommendation that Givens should:
get 6 months in jail for 9 counts and 364 days on the last count, with 1 year suspended
be permanently banned from caring for, possessing or residing in a home ith an animal
pay restitution
complete an animal cruelty prevention program
pay $1,800 in fees and fines
Defense’s Mitigating Circumstances
Defense Attorney Thomas Weber of Weber Law submitted a sentencing recommendation memorandum stating that Givens had to overcome a difficult upbringing, growing up in an impoverished inner-city environment with a drug-addict father, and with many friends killed due to gang violence. He insisted that Givens is a devout family man with 14 children, volunteers with his community, and has an entrepreneurial spirit - he just got in over his head with a dog breeding business. Weber also insisted that Givens “has a dedicated willingness to learn from his past mistakes and to take responsibility for his actions.”
And yet, 2 dogs were observed being shot by Givens with a BB gun after his arrest in 2019. In addition, 23 additional dogs were seized less than a year later.
Case Resolution
In May 2023, the Prosecuting Attorney and State Deputy Prosecuting Attorney agreed with recommendations, sentencing Givens to:
serve 10 total months in jail (6 months each on 9 counts & 364 days on the tenth, with 364 days suspended and all to run concurrent);
pay $800 in fees and court costs;
pay Restitution, in accordance with RCW 16.52.200;
pay $1,000 civil penalty to the county for the prevention cruelty to animals
forfeit any animals in his possession;
a lifetime ban on owning, caring for, possessing or residing in a household where an animal is present;
and attend animal cruelty prevention and education programs.
Is a total of 10 months in jail a fair punishment for the 107 dogs that were shot with BBs, starved, dehydrated and conditioned to enter dog fighting rings? Is less than $2,000 sufficient compensation for the money spent on staff time, vet costs, boarding, and supplies?
For animal abuse in Washington State, this is considered a harsh sentence…but is it really?
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