Monson Man Convicted in Self-Defense Dog Shooting

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Any thoughts as to what will happen to the defendant, Erwin Markham? I live in the same town and used to live next to him. He has no record of violent acts and doesn't have a record with the police, but he's not a rich man and the attorney who lives next door is pulling out all the stops... taking the family to civil court next.

He will be sentenced this Friday, on October 2, but do you think he will get jail time for the two counts on "animal cruelty"? Like I said, his record is clean and the dogs were on his property.

Also, something you might want to note: The Attorney who's going after the family had another incident where his two NEW 130 lb rotts ended up back on the family's land. Animal control was called and the AC officer had to call the regular police for back-up with removing the animals from the property.

The attorney's dogs bit a child when he lived in Springfield, which establishes that the animals were not of the best temperment and they were running loose twice in the town of Monson - once when the first two were shot and the second time with his new dogs.

This guy never gets in ANY trouble or takes ANY responsibility... do attorneys really have that much pull?!? I'm hoping that the next time his dogs go after someone, it will be the last... and it will finally be established that he's not a responsible owner of this dangerous breed.

If Markham gets jail time, this will be messed up...
 
arlow said:
Someone with an easily bruised ego may not want to admit they missed so a simple miss then becomes an act of bravado AKA a "warning shot"[wink]
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True, but this is yet another graphic reason why you should talk to a lawyer before making an official statement. [wink]

-Mike
 
Phaedo1982 said:
He will be sentenced this Friday, on October 2, but do you think he will get jail time for the two counts on "animal cruelty"? Like I said, his record is clean and the dogs were on his property.
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IMO the judge should consider the law and the defendant's history and sentence him with something other than jail time.

Obviously this whole thing is political, so I guess I don't really think it will play out that way. Sorry.

The sick thing is, the BEST thing that could happen for his family is for some other family's kid to be playing in their own back yard and be attacked and mauled by the ambulance chaser's dogs. Maybe then the locals would wake up and realize...
 
namedpipes said:
The sick thing is, the BEST thing that could happen for his family is for some other family's kid to be playing in their own back yard and be attacked and mauled by the ambulance chaser's dogs. Maybe then the locals would wake up and realize...
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This is just it... and this may happen, with the history of the owner's negligence and the behavior of the animals. There was one post on the MassLive forum where it stated that attorney was going to have his dogs "on display" in the court parking lot or some B.S., for people to see how "nice" they are. I doubt it will happen, but it would be something if he pulled a stunt like this and one of the dogs bit someone...

This attorney is making such a big deal about the whole issue, he's putting himself on the radar, too - and any future incidents with him will not look too good for him or the dogs. Pretty soon his "luck" playing the legal system will run out...
 
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Kaos116 said:
There are not many locals siding with the lawyer. No clue what the jury heard, but it had to start with 'Once upon a time'.
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Had Markham played his cards differently (i.e. not opened his mouth to police and talked to a lawyer), I think the outcome would have been more favorable for him.

Also, it sounds like Markham didn't have the brightest attorney working for him...
 
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Also, it sounds like Markham didn't have the brightest attorney working for him...
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If you shoot a dog, you want Keith Langer. He understands the law and has won multiple dog shooting cases.
 
I'm still wondering how the guy could get knocked down from the aggressive dogs and not have been bitten or had clothing torn. ...and then make his way into his house safely to get a gun and shoot the two dogs through the screen door.

I'd like to know his response to these questions....
 
ASHDUMP said:
I'm still wondering how the guy could get knocked down from the aggressive dogs and not have been bitten or had clothing torn. ...and then make his way into his house safely to get a gun and shoot the two dogs through the screen door.

I'd like to know his response to these questions....
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I think that's where the lying part came in... Markham is a BIG guy - 6' 5" and weighs probably 250+ lbs. He's a "rottweiler" of man and was a linebacker on his HS football team... I don't think he would've been knocked down by one of them.

However, I still think he had the right to shoot the animals, if he felt his property (or animal) was in danger. I know that, at one point, they had livestock on their property. I'm guessing that isn't the case anymore, but if it were, he should have stated the dogs were going after his livestock and/or his own dog and was merely defending his property.

Or, if not that, he could have said he was outside target shooting, when the dogs came down and came at him in an aggressive manner.

I'm not losing sleep over the dead Rots, though. And, it's probably not legally correct, but I think the "natural law" should be that, if an owner feels threatened on their own property by intruding animals (for whatever the reason), they can take action. It's the stories that have to be made up to justify the actions that get people in trouble, like in this case.

He got nailed because he lied - and the jury didn't buy that question either - said too much to the police and didn't first consult legal counsel.

***On a personal note, I went to school with Markham and know that he is an easy-going and peaceful guy. He was never a violent person, though he could have kicked anyone's arse, due to his size and strength. His family owned several dogs over the years and they liked animals. I don't think he shot the dogs just to shoot them - I do believe that he felt threatened by their presence on his property, for whatever his reasons may have been.***
 
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***UPDATE:****

http://www.masslive.com/news/index.ssf/2009/10/judge_seeks_background_report.html

Judge seeks background report on Erwin Markham, Monson man found guilty of animal cruelty
By Lori Stabile
October 01, 2009, 9:30PM

PALMER – A Palmer District Court judge Thursday ordered a report on the character of a Monson man found guilty last month of animal cruelty for shooting two rottweilers on his parents’ property.

The report on Erwin C. Markham III’s character, background, home life, and any history of weapons use or substance abuse, will be used to determine sentencing for the 27-year-old next month.

Judge Mark D. Mason ordered the report to be completed before sentencing on Nov. 9. The prosecutor is asking for restitution and jail time, the defense lawyer is requesting probation.

A jury found Markham guilty last month for the June 2008 incident in Monson in which he shot Michael D. Facchini’s dogs after they were on Markham’s parents’ Blanchard Road property. One dog died, the other needed $15,000 in medical treatment, Facchini said.

Defense lawyer Jeanne A. Liddy claimed self-defense, but Assistant District Attorney Howard I. Safford argued that Markham used the dogs for “target practice.”

Facchini described how much the dogs meant to him, calling them his “best friends.” He told the judge he wants to move on with his life.

Liddy, who mentioned that Facchini also has filed a civil suit against Markham and his parents in Hampden Superior Court, brought up several people to talk about Markham. One of Markham’s bosses at AK Electric, Scott Kibbe, said Markham is a good and kind person and that his coworkers enjoy his company.

Liddy also submitted letters testifying to his good character. Lisa C. Adams, co-owner of Sunsetview Farm Camping Area, wrote Markham for the past three years has helped with haunted hay rides to benefit those with multiple sclerosis.

Markham’s mother, Brenda, wrote her son was faced with a frightening event in June 2008 “which has shattered his life.”
 
RichM said:
The dog owner is a well-connected attorney, and he has insisted that the case go to trial. The local police chief has told the family that it shouldn't have gone this far and the original prosecutor tried to drop it and got replaced by the District Attorney.

The dog owner has already had the family served with a civil suit as well...
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The homeowner had better make a bee-line down to the Registry of Deeds and record a Declaration of Homestead ($500,000 worth of protection for a one-time $30 filing fee) before his house gets attached and auctioned right out from under him by the sheriff if he loses the suit.
 
This is such a strange trial... it's been delayed NUMEROUS times and now they need to order a "background check" and "character report" on Markham. Wouldn't that have already been done throughout the course of the proceedings...?

This this has really turned in to a circus, thanks to the attorney who owns the Rots, no doubt.
 
I myself almost found myself in a similar situation... I was renting a house and the A-hole neighbor had a Bloodhound and a German Shepard mix that were always on the loose. On multiple occasions the dogs would chase cars, bikes, pedestrians down the street. And AGAIN on multiple occasions while my PREGNANT girlfriend or her 8 year old daughter would be outside with our 20LB SHIH TZU and the dogs would charge into MY yard and start growling and barking at them. I did the right thing by talking to the owner.. from the edge of his property... while both dogs stood INCHES from me... barking and growling.... to which he replied " I can't control them." The last incident occurred at about 12:30am when I had just got home from work. I exited my car and was taking my gear out of the trunk when the A-hole Shepard came charging at me in the pitch black.. I quickly drew my service pistol and had the dog came a step closer I would have " used the force necessary to neutralize the threat." Well lucky for both parties (cause who knows who would have been the first one injured) we were able to move to a better location. To get to my point, you can say what you want about the situation, but like in every shoot/no shoot situation, the only person who can say if you were justified or not... and like the saying goes... "I would rather be judged by twelve, than carried by six."
 
RFWAVELENGTH said:
The homeowner had better make a bee-line down to the Registry of Deeds and record a Declaration of Homestead ($500,000 worth of protection for a one-time $30 filing fee) before his house gets attached and auctioned right out from under him by the sheriff if he loses the suit.
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Excellent advice, and the person(s) here that said they know him should pass it on to him. I don't know if it might be too late, but it WILL be if he doesn't move.
 
Interesting article, summing up the present situation:

http://journalregister.wordpress.com/

An excerpt:

On Aug. 24, while Facchini and his wife were out of the country and his sister was watching his three dogs (Garcia, and two new rottweiler puppies), the two younger dogs escaped and allegedly trespassed onto the Markham’s property. Facchini could not say for certain what happened that evening because he was not present.

Monson Police Officer Brian Allenberg said he was dispatched to the Blanchard Road residence because Animal Control Officer Paul DeMaio was having difficulty getting one of the dogs into his cruiser, and was able to successfully corral the animal and return it to Facchini’s home.
The owner maintained that his dogs are not vicious animals and said the issue was about stereotyping a specific breed.

“I have an issue with what appears to be some prejudice or maybe retaliation versus this breed,” he said. “There is no empirical evidence that they violated this particular statute. The statute said viciousness.”
 
your kidding right...... glad you got the point of the story..

if it makes you sleep at night, she is now my fiance and I am more of a father to her daughter than her dad will ever be.

Oh and FYI, we decided to have a baby when I got diagnosed with cancer and they said that I might be sterile after my Chemotherapy.
 
An amazing tale, indeed. Pity the story couldn't have started out with:
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And AGAIN on multiple occasions while my PREGNANT wife or my 8 year old daughter ...

Just sayin'.
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That's harsh, Gringo!
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And incredibly rude. What difference does it make if it's his wife or girlfriend or his or her daughter? Not everyone is blessed with a nuclear family......some have to choose their own.
 
Tara said:
And incredibly rude. What difference does it make if it's his wife or girlfriend or his or her daughter? Not everyone is blessed with a nuclear family......some have to choose their own.
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Yup Gringos comments were pretty F'd up. [thinking]
 
The attorney who's dogs were shot keeps saying it's a case of "breed stereotyping." Well, here's an official report from the CDC that states Rots are among the highest portion of dogs associate with FATAL human attacks:

http://www.cdc.gov/ncipc/duip/dogbreeds.pdf

"Breed stereotyping," my arse. The numbers don't lie!
 
fsusoldier said:
if it makes you sleep at night, she is now my fiance and I am more of a father to her daughter than her dad will ever be.
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Better late than never. If you saw 100 kids a day, from age 4 to 11, you'd understand more clearly my point of view.

I'm studying up on how kids learn to read, and what happens when they don't. It's in these after school classes that teachers speak unspeakable and non-politically correct thoughts. You can predict early reading skills by family structure. And you can predict, accurately, academic success by early reading skills.

Best Skills: Mom and Dad
OK Skills: Stepdad and Mom
Poor Skills: Mom's Boyfriend

So it seems Dan Quayle was right, after all. The Murphy Brown model is a failure. But when parents come in to school to complain that their kids are failing, have behavioral problems, and that the schools are failing their kids, we can't tell them that we expend an inordinate amount of our resources repairing the damage they've caused by making bad choices for themselves and their children.

In Texas, by the way, the state uses 3rd grade reading scores as a predictor of future rates of incarceration. This is no fooling around.

There was a day in this country when unwed motherhood and unwed pregnancy carried a stigma, and so it was discouraged. But we're much more ... socially advanced today. Our rainbow of ... alternative lifestyles is celebrated, but it's ruining our country.

Back in an earlier generation, if a girl was pregnant, you married her. It was seen as "the right thing to do". If you remarried, kids were adopted and given a name. Today, there's no reason to expect even that siblings will have the same last name. And the result of our diversion away from now scorned "traditional values" is painfully evident, not just in our classrooms but on our streets and in our jails.

It may be rude, but it's the truth.
 
Some dogs are born good and the worst owner won't turn him bad. Some dogs are born bad and the best owner will never turn him into a safe and fun dog.

For the most part, though, dogs will strive to be what they perceive their master wants them to be. Want a vicious, aggressive dog? They can give that. Want a dog that will lick your face to death, they can give that too.

The lawyer in this case clearly wants agressive and dangerous dogs and that is what he got. Unfortunately he seems to have the money and "pull" to get away with it.
 
a neighbor was taking her morning walk on Wednesday, two blocks away, a large shepard went past the wireless gate, ran into the street and bite her in the ass!

didn't have her cell with her, had to scramble the 1/4mi home bleeding...no one came out from the owner's house as she's screaming in the street.!

can't wait til she owns them.
 
theGringo said:
Better late than never. If you saw 100 kids a day, from age 4 to 11, you'd understand more clearly my point of view. I'm studying up on how kids learn to read, and what happens when they don't. It's in these after school classes that teachers speak unspeakable and non-politically correct thoughts. You can predict early reading skills by family structure. And you can predict, accurately, academic success by early reading skills. Best Skills: Mom and Dad OK Skills: Stepdad and Mom Poor Skills: Mom's Boyfriend So it seems Dan Quayle was right, after all. The Murphy Brown model is a failure. But when parents come in to school to complain that their kids are failing, have behavioral problems, and that the schools are failing their kids, we can't tell them that we expend an inordinate amount of our resources repairing the damage they've caused by making bad choices for themselves and their children. In Texas, by the way, the state uses 3rd grade reading scores as a predictor of future rates of incarceration. This is no fooling around. There was a day in this country when unwed motherhood and unwed pregnancy carried a stigma, and so it was discouraged. But we're much more ... socially advanced today. Our rainbow of ... alternative lifestyles is celebrated, but it's ruining our country. Back in an earlier generation, if a girl was pregnant, you married her. It was seen as "the right thing to do". If you remarried, kids were adopted and given a name. Today, there's no reason to expect even that siblings will have the same last name. And the result of our diversion away from now scorned "traditional values" is painfully evident, not just in our classrooms but on our streets and in our jails. It may be rude, but it's the truth.
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Well let it be know that my FIANCE did a great job raising HER daughter and she doesn't get less than a 95% on ALL of her school work. No matter though, your comment was still very ignorant as you do not know my FIANCE or myself. Unless you've seen the kids (and their out of school environments) of our local cities here in western MA then you really haven't seen anything.
 
Best Skills: Mom and Dad
OK Skills: Stepdad and Mom
Poor Skills: Mom's Boyfriend
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But that doesn't account for the step parents or adoptive parents that act more like the real parents to those children. I have several friends who aren't the birth parents of the children they raise, and their children are smart as whips. I also have some friends who raise their actual children, and the children need help in school. I think it has less to do with WHO is raising you and more to do with HOW they raise you. But that's just my personal opinion.
 
Tara said:
But that doesn't account for the step parents or adoptive parents that act more like the real parents to those children. I have several friends who aren't the birth parents of the children they raise, and their children are smart as whips. I also have some friends who raise their actual children, and the children need help in school. I think it has less to do with WHO is raising you and more to do with HOW they raise you. But that's just my personal opinion.
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+10, thanks Tara
 
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