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http://www.observer-reporter.com/OR...0-Habe-sentence

4/20/2010


Dog shootings send Chartiers man to jail
By Linda Metz, Staff writer, lmetz@observer-reporter.com





A Chartiers Township man will spend time in jail for his role in last year's shootings of three dogs, one of which died.
Daniel R. Habe, 62, of 490 Plum Run Road, was sentenced Monday to 3 to 23 months in jail followed by 2 years of probation by Washington County Judge Paul Pozonsky. However, after 30 days, Habe can apply for early release from jail and spend the remainder of his term on electronic home monitoring.

In February, a jury convicted Habe of criminal solicitation to commit criminal mischief and criminal solicitation to commit cruelty to animals.

Prior to trial, the prosecution had made Habe a series of offers in exchange for his plea to criminal charges. Habe refused all, including a probationary sentence in the Accelerated Rehabilitation Disposition program that would have allowed him to have his record expunged.

Habe and his brother, Charles William Habe, 40, of 500 Plum Run Road, were charged for the May 5 shooting of three Walker coonhounds owned by Terry Marth of Houston, Donald Bell of Scenery Hill and Gary Hoffman of Delmont, Westmoreland County. The younger Habe has died since the incident.
The men had permission to turn the dogs loose on property near the Habe property for training. When the dogs were let go, they immediately began to track a raccoon and ran onto the Habes' farm property.

The men returned to their truck and followed the dogs before being confronted by Daniel Habe, who was on his porch. Marth said he heard Daniel Habe encourage his brother to shoot the dogs.

One of the dogs was shot in the leg. Another was shot in the hindquarters. A third died.

Habe also was ordered to pay at least $2,900 to the owners of the dogs for veterinary and dog care costs. A hearing will be held May 27 to determine if he is responsible for any further restitution.

The value of the dogs ranges from $26,200 to $33,500, with the 2-year-old female being the most valuable, according to information provided from the breed association, based on her future puppies and the harvest of the raccoon pelts. One of the wounded dogs was an 18-month-old female, and the other was an almost 2-year-old female. All three had the potential to whelp 30 puppies during their lifetime.

During trial, Habe contended the dogs chased livestock on his farm.

Habe did not make a statement prior to his sentencing. But his attorney, Bob Brady, reminded the judge that Habe has never been in trouble before and pointed out that it was Charles Habe who actually shot the dogs.

"He's not responsible for Charlie's actions. And Charlie never had the opportunity to appear in court and tell his side of the story," Brady stated.

Pozonsky, however, said that after extensively reviewing a presentence investigation report on Habe and transcripts of the trial, he finds that Habe shows absolutely no remorse for the incident.

"What I see is that you knew they were coon dogs and they were chasing raccoons," said Pozonsky, adding that all Habe had to do was to contact the dog owners and tell them not to let the dogs come onto his property.

The judge also referred to statements Habe made during trial in which he believed he had the right to shoot the dogs.

"There was no evidence the dogs were chasing your cows. They may have disturbed the cows. But, you still had no right to shoot the dogs," he stated.

Because of his conviction on criminal solicitation to commit criminal conspiracy, a felony charge, Habe will not be allowed under federal law to possess a firearm.

Habe is to report to the county jail on May 28 to begin his sentence.

__________________
"All that is necessary for the triumph of evil is that good men do nothing." (Edmund Burke)

Lone Pine North

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