`An excessive overreaction'

Man who killed his ex-girlfriend's dog handed community sentence, probation

A Saskatchewan man who admitted causing the death of his ex-girlfriend's dog will serve a six-month jail sentence in the community, on conditions, followed by a 12-month probation order.

The conditions imposed on Travis Mark Dauvin, 33, include anger management and personal counselling as directed by his supervisor, 120 hours of community service, and a curfew of 10 p.m. to 6 a.m. except with prior written permission.

He also must pay his ex-girlfriend, Melissa Buggs, $2,680.

In August, Dauvin pleaded guilty to killing Buggs's Maltese, Jake, in his Thode home on May 17, 2020.

Dauvin said he tossed Jake into a clothing rack after the dog bit him when he tried to pick him up. Buggs, who wasn't in the room at the time, later found Dauvin trying to feed Jake, who was lying unresponsive on the bed. She immediately took Jake to the vet hospital, where he died.

Court heard Dauvin threw Jake hard enough to cause four broken ribs, a punctured lung and bruising around his neck and thorax.

Giving her sentencing decision in Saskatoon provincial court on Friday, Judge Donna Scott called Dauvin's response “an excessive overreaction,” noting the 11-pound Maltese did not pose an actual threat to him and other, non-violent responses were available.

Crown prosecutor Aaron Martens argued that Jake's suffering was “entirely preventable,” and suggested either three to six months of jail time or nine to 18 months to be served in the community, on top of probation, 120 hours of community service and a prohibition against Dauvin owning any future animal.

Defence lawyer Jillian Williamson argued Dauvin should be given a conditional discharge — which would leave him without a criminal record — because he completed an online anger management course and was already punished by losing his job and being harassed on social media.

Court also heard Dauvin is a volunteer with significant family and community support. Some of the 12 support letters provided to the court describe his history of saving animals and claim his behaviour toward Jake was “out of character.”

However, Scott noted that Dauvin is still before the court after pleading guilty to injuring another ex-girlfriend's dog, prior to killing Jake. Sentencing on that matter is expected in October.

The protection of animals is viewed as a barometer of a person's treatment of people, Scott said, citing case law.

“Animals are so much more than just animals, and people who can harm an innocent animal with no voice are a danger to our society. Animal abusers need to be held accountable to the full extent of the law, and I'm glad that today we took a step in that direction,” Buggs said in a written statement.

Scott said jail sentences for animal cruelty usually involve premeditation and repeated abuse over a period of time. Conversely, she said, a discharge would not reflect the seriousness of the offence and would be contrary to the public interest.

As part of his sentence, Dauvin cannot own or be in the “sole possession or control” of any animal for three years. Scott said this wording allows him to live with his current partner's support dog, but he can't be alone with the animal.

She ruled Dauvin was in a position of trust over Jake when he was dating Buggs, as the agreed facts state the couple were living together in his home, and both were involved in Jake's care.

Scott told court she draws “no inference” from the fact that Buggs remained in a relationship with Dauvin for nine months after Jake died. Buggs told the Starphoenix that she was initially suspicious of what happened, but wanted to believe Dauvin when he suggested her dog had fallen down the stairs.