Man responds to animal cruelty charges for killing opossum

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“I got out of the vehicle.  I went over there and stomped him, stomped his head three or four times.  I believe he was dead on the first hit,” said Evan Schuler.

Schuler of Halifax County is being charged with animal cruelty for killing a opossum on June 20th.
He was doing a civilian ride-a-long with a Danville police officer.  When they stopped for gas here at the city filling station, he saw the opossum running along the fence.

“He actually chased a opossum down and kicked him to the point where the opossum was killed.  It’s a class one misdemeanor for that crime,” said Danville Police Lieutenant Mike Mondul.

Schuler says he’s had problems with opossums in the past with them actually killing dozens of their chickens.

“They’re just a nasty creature. It’s a rodent.  They wreak havoc on our place here,” said Schuler.

Schuler says he agrees that he should not have killed the opossum while with the officer, but thinks the charge is unnecessary.

When Schuler was asked if he thought he should be charged with animal cruelty, he said, “No sir, I think that’s a little harsh because animal cruelty is like starving an animal or beating it.“

“We feel the proper thing was done in the end and that was to charge the young man with a crime because it was a crime,” said Mondul.

Schuler has hired a lawyer and plans on fighting the charge at his August twenty-first court date.

“I didn’t realize a opossum was such a valuable animal.  If I have to live with this on my record the rest of my life it would be kind of terrible,” said Schuler.

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Flag Comment Posted by H.R.Hill on July 02, 2009 at 9:14 am

POSSUM APOCALYPSE!!!!  if we don’t take up arms against these possums and dachshunds we may soon find ourselves under the furry paws (without opposing digits) of a animal takeover…someone fly obama out of the country so he’s safe, quick!!!!

Flag Comment Posted by Observer on July 02, 2009 at 9:11 am

A couple of added thoughts.

First, I checked the VA state department of natural resources site to see what, if anything, was listed for opossums. 

On one page it shows these scavengers as NUISANCE ANIMALS.  One has to go a lot deeper to discover that while the department shows, early on, that these are nuisances, it is only after a lot of digging around on the site that we find out that they are a fur bearing animal and there is a “season” for them. 

One could suggest that the state laws might be better linked regarding the various animals resident in this state.

Second:  Farmers live by their experiences and MUST protect their livestock and crops.  They must understand nature (much more so than the PETA naifs) because their very survival as farmers requires it. 

What would happen to the food supply if all the farmers in this state, or country, suddenly went out of business because of issues like the one at hand? 

What about killing farm animals in order to bring them to the market?  When did all these animal rights people quit eating anything other than nuts and twigs?  Even plants are alive, should we stop eating fruits and vegetables as well as meat? 

The issue at hand is why this case was brought in the first place.  In some quarters it is called selective prosecution. 

The real issue is the waste of resources on what could have been handled a lot more efficiently with a stern lecture and pointing out the laws on killing opossums.  But that would require that the law enforcement personnel in the DPD actually knew and understood the law regarding killing opossums.  They do not and I am not criticizing them for it.  These are “game laws” and are usually enforced by game wardens. 

I guess the answer to the PETA types is to stop killing all animals, fish, etc and just let them multiply at will.  Of course this would mean that millions of people would have to change their diet, and probably a lot of those people to starve to death. 

One last thought:  The DPD public relations officer apparently made a special effort to release this case to the media.  Does that individual routinely publish/release every arrest report to the media?  I suspect he does not.  Based on comments from within the DPD, it is becoming clear that this was a case of selective prosecution, pure and simple. 

Perhaps the media should investigate the people involved in perpetrating this travesty? 

The “OIC” (Officer in Charge) should be ashamed, and removed from his position for incompetence, wasting valuable resources, and excessively bad judgement.

Flag Comment Posted by melvin on July 02, 2009 at 9:08 am

Also “Observer”: He committed a crime—in front of law enforcement no less.  He has to face consequences like everybody else.

All this talk of the black plague, PR campaigns, and how this guy has suffered enough is just emotional rambling.

Flag Comment Posted by melvin on July 02, 2009 at 8:59 am

A person with an “instinct” to chase down and kill small creatures (stomping its head, even) needs serious psychiatric help.  I would be ashamed to even know this psycho.

If I was a pet owner of any kind, I wouldn’t set foot in Danville.

Flag Comment Posted by Observer on July 02, 2009 at 7:04 am

For those who seem to think they can judge any person they have never met, and that based on a few seconds of TV or comments in an internet discussion. . . . .  Grow up. 

Should Evan have killed that opossum?  No.  Was it smart?  No.  He acted out of instinct based on his personal knowledge of the damage they do and the danger they present.

I see the naive would-be PETA members are active here.  It seems they believe that any animal must be protected and allowed to “live their natural lives” no matter the danger to society at large.

I have a suggestion.  How about those who feel so strongly that opossums be allowed free rein, to roam where they want, when they want actually do something about it besides writing personal attacks on people they have never met?  In other words, how about they adopt the little critters and take them into their homes.  Expose themselves and their kids to these nice, cuddly little pets.  Fat chance.

Back to the original thought behind my first comment. 

The issue is not whether he should have killed the animal.  The issue, at least to me, is the apparent effort on the part of the DPD to sacrifice this young man to focus attention away from the very real problems within the organization.  That being the incredible bad judgment, waste of valuable resources, misuse of police information, making public relations information releases of SELECTED cases. 

The trial date has been set for mid-August.  One can only assume that the court system is so backed up that it takes that long for an issue to come before the court.  How many of those cases are cases if substance?  How many of them fall into the PR campaign category?

The solution to this problem, a problem created by a police department desperately trying to focus public attention elsewhere, would be to drop the issue.  The young man has learned that what he did was not legal, even though he thought it was. 

In my view the DPD has not distinguished themselves by taking these actions. 

The embarrassment and humiliation the young man has experienced are more than adequate for him to “get the message”. 

In summary, this issue is about priorities.  The DPD concept of priorities seems to be flawed.  Those animal rights individuals that would expose HUMANS to danger rather than see an animal harmed need to have their priorities reset. 

Does anyone remember the plague called the black death?  Millions of humans died because the rat population got out of control and spread the disease by carrying their fleas into human homes. 

Proper control of animal populations is a requirement to protect the total environment, including that of humans.

Get a grip.  The young man has suffered enough already.

Flag Comment Posted by jbanks26 on July 02, 2009 at 3:24 am

not that i need to reply to your comment but i type really fast and i am very frusterated at this moron and all morons that think killing an animal is ok.  So there are gonna be typos and letters missing.

Flag Comment Posted by dusty on July 02, 2009 at 1:43 am

I don’t want to be misunderstood.

Would it be my preference for opossums to be live trapped and taken far from city life and released? DEFINITELY

Do I believe that it was the height of stupidity to re-release the opossum in question within the city limits? Absolutely.

Do I believe that it would be in the best interest for opossums to be moved out into truly wild areas? Most definitely, but the reality is that there is not enough money to do that.

Do I believe that animal control is another one of Danville’s big issues to try and solve? Most certainly.

Given that even if Mr Schuler is found not guilty of an animal cruelty charge it will still be listed on his perm. record to be reviewed every time he applies for a job. Do I think it is fair or appropriate that Mr. Schuler will be placed in the same category with people who torture/starve or maim any animal for entertainment or some sick form of pleasure? ABSOLUTELY NOT!!

If found guilty or innocent the fact that he was charged at all will be on his record for any human resources worker to see. It will not say, “For killing an opossum, quickly etc etc. It will just taint him as some possible “Jeffrey Dahmer’ nut case and guess what will happen to the job application? Do I think that is excessive given the circumstances? YES I DO.

Do I believe that Mr. Schuler’s actions were unwise/excessive. YES

Do I understand where his motivation came from? YES, given his farm experience etc.

DO I believe he deserves to be punished for the rest of his life for this action. NO!!

DO I realize that dogs can also get Lepto. YES, but I also believe that the chances of a dog being diagnosed and treated are much higher than that of a wild animal.

Do I believe this whole situation has been blown completely out of proportion given the circumstance. Absolutely

Flag Comment Posted by dusty on July 02, 2009 at 12:18 am

You would be surprised to find out just how much “country folk” know about illnesses.Since they work with animals and the soil the need to be aware of the possible illnesses as well as symptoms etc in order to determine whether they may have the flu, virus or an animal borne illness that needs to be treated ASAP by a doctor and mega doses of antibiotics. They have to stay vigilant so they don’t lose an entire flock or herd since most of the time fast decisive action can put a stop to the spread of an illness before it spreads to an entire flock or a neighbors farm. So my guess is that Mr. Schuler didn’t sit in the car musing over urine borne diseases. My guess is that experience has taught him that opossums in settings close to farm animals or communities is an automatic cause for concern and he probably just goes into “auto-pilot” for the lack of a better term. He has come to see them as a possible danger in such settings, period. It’s a true shame that so many people have the tendency to write “country dwellers” off as ignorant just because they farm etc and automatically categorize them as “Rednecks”. It’s a true shame that people underestimate both the intelligence and the capabilities of “country folk”. But I digress. If you had a clear understanding of body language you would have seen that Mr. Schuler’s smile was one of extreme nervousness. He had the look of someone who was EXTREMELY nervous and was just trying to get through a hellish public situation. There was no sign in any of his body language that suggested he derived any pleasure at all from any of this, but perhaps your still too young to recognize that type of body language. Mr. Schuler perceived a danger and took action.He probably does that on his farm.  Your right in that he didn’t sit there and think about what diseases/urine etc. By now it’s just 2nd nature to him that it’s unhealthy/unsafe for an opossum to be in a highly populated area or farm setting.I’m sure he derives no more pleasure from this action that a city person derives from swatting a fly. Before anyone feels obligated to start accusing me of having no feelings for animals let me give you a quick run down on myself. I am 50 plus years old and have been an animal lover for ALL of those years. I have rescued countless numbers of animals over those years. I have helped to save both wild animals and domestic animals: everything from turtles, birds, baby opossums, toads, cats/kittens, dogs/puppies.I have spent money I could ill afford. My house and property have frequently been referred to as the “ark”. I have driven across entire states delivering animals to new homes or safe havens.I have risked my life running into busy highways trying to rescue stranded turtles etc. So please refrain from “busting my shoes” with attacks of not having any feelings for the animal world.  You would have a hard time finding a bigger or more proud “tree huger” but I have also learned over these many years that nothing is black and white and as much as it breaks my heart the reality is that many times we HAVE to draw some lines of separation between humans and certain animals.

Flag Comment Posted by Tammy on July 02, 2009 at 12:11 am

I know I am totally wasting my time with this but here goes.  The animal in question is not a rat but a marsupial. In other words it raises its babies in a pouch like most of the native animals in Australia. Now if everyone shot, stomped, stabbed or beat to death every living thing that carried diseases no animals and only one last human would be left (the one who came out on top).  Like I said before if he wants to kill an animal on his own property thats his problem but he has no business doing it anyplace else. I was going to point out that if a child of mine saw something like that I would have an extremely upset child. Then I realized everyone who knows this guy seems to think its OK to stomp an animal just because it was there. So the only conclusion I can come up with is they were raised around people who thought this is normal behavior and must have grown up with family members who did this in front of the kids to the point that the next generation figured that this is the thing to do with wild critters.
Oh and to the person talking about Lepto, dogs can carry it also, should the cop that killed the dog use that for an excuse also.

Flag Comment Posted by cuhairree on July 01, 2009 at 11:55 pm

wow .. this is prolly the crazy crap i have ever heard in my life .. so i guess since i have poured salt on slugs and watched them shrink up and die or killed an ant or a bee.. i should be in prison for life sentence .. does this county have nothing better to do then charge a kid for killing a rodant .. gosh this is freakn retarded ! .. really it is .. better go ahead and slap the cuffs on everyone in the world .. b/c im sure we all have killed some kind of animal or rodant or bug or creature before .. wow

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