Teens plead guilty to shooting horses

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SKOWHEGAN – In what is being called a landmark decision for the state, two teen-agers were sentenced Monday afternoon in Skowhegan District Court after pleading guilty to fatally shooting two horses last fall in Pittsfield.

The youths also were convicted of shooting seven times at cars and trucks that passed on nearby Interstate 95, striking at least one, and shooting out the windows of three parked construction vehicles.

The incidents took place Nov. 25 and resulted in the deaths of Have At It and Rocket, two horses owned by Dr. Tim Powers and his wife, Pam Pelotte-Powers. The damage resulting from the boys’ actions, including the value of the horses, totaled $12,402.87.

Although their probation requirements are nearly identical, the sentences handed down Monday by Judge James MacMichael were vastly different for each boy.

Corey J. Cook, 16, of Pittsfield was determined through psychiatric examinations to be the most culpable of the pair, Somerset Assistant District Attorney Paul Rucha said.

Cook was sentenced to an indeterminate amount of time, not to exceed his 21st birthday, at the Maine Youth Center in South Portland. He also was removed from his parents’ custody and was placed in the care of the Maine Department of Human Services. In addition, he was given five years’ probation.

In a move that Rucha said he had never before seen in court, Judge MacMichael ordered the probation to begin after Cook’s time at the youth center, rather than at the time of the sentence, as most juvenile cases are handled.

“The state’s concern in this case,” Rucha told the judge, “is that in this case, in this situation, this individual needs to be watched by as many people as possible.”

Andrew Johansmeier, 17, of Waterville was described by Rucha as a “follower” on the day of the shootings. The prosecutor said Johansmeier had one parent who was not working and who therefore could closely monitor his behavior. Johansmeier also was sentenced to the youth center, but his time there was suspended. He was placed on five years’ probation.

“You carry the keys to incarceration in your own pocket,” warned MacMichael.

The court also ordered 19 conditions of probation for the teens. During the five years they are under the court order, neither boy may own any animal; they are not allowed in the town of Pittsfield except to travel on Interstate 95; they must abide by an 8 p.m. to 6:30 a.m. curfew; pay $6,210 each in restitution; obtain psychological counseling; submit to random searches; have no contact with each other or any of the victims; complete 1,000 hours of community service; and make an apology to all victims. Neither teen will ever be allowed to have a firearm, although they both may apply for hunting licenses after five years.

When asked after the hearing if he felt Cook was dangerous, Rucha commented, “That depends on whether he receives treatment.”

Rucha could not provide details of the court’s decision to remove Cook from his parents’ custody, stating only, “Home was not a good placement for him.”

The youths each faced five charges: conspiracy to commit aggravated criminal mischief with a firearm; cruelty to an animal with a firearm; reckless conduct with firearm; aggravated criminal mischief with a firearm; and the misdemeanor charge of shooting a domestic animal. They each pleaded guilty to all five charges.

Before sentencing, both boys voiced their sorrow in apologies to the victims. Cook sobbed through his statement, as his parents looked on and cried.

“I want to apologize for what I did,” he said. “What I did was stupid. I am so sorry.” Looking toward the Powers family, Cook said, “I realize I hurt you guys.”

Johansmeier said: “I am sorry for what I did. I caused a defenseless animal to suffer and die. I think every day about what I did. I am really not a bad person. There is no explanation for what I did. It was just stupid.”

After the sentencing, Tim Powers and Pelotte-Powers said they were satisfied with the rulings. Pelotte-Powers said she was particularly pleased that they would not be allowed in Pittsfield.

“I was afraid, with [Corey Cook] living just down the road,” she said. The horse owner said that despite his tears, she did not believe Cook’s apology.

“He was just sorry he got caught,” she said.

She did, however, accept Johansmeier’s apology and spoke quietly for a few minutes after the hearing with Claire Johansmeier, his mother. Asked what the conversation was about, Pelotte-Powers said only, “She apologized.”

Rucha explained after the hearing that Cook’s sentence at the youth center was for an “indeterminate time,” meaning that the Maine Department of Corrections will set up a program for the teen and re-evaluate him periodically. He admitted that Cook could be released in as soon as six months but said that was unlikely.

Putting the full-length probation at the end of his incarceration time, rather than opting for a MDOC program called After Care, was very unusual, Rucha admitted after the hearing.

“This is the first time I’ve seen it,” he said.

When addressing MacMichael, Rucha said, “Considering the seriousness of this case, we have a responsibility to our victims and the public.” He said it was appropriate that Cook spend time at the youth center.

Cook’s attorney, Philip Mohlar of Norridgewock, argued that his client “is receiving the maximum sentence possible.”

“The purpose of the juvenile code is to work towards the rehabilitation of the juvenile,” the defense attorney said. “All the issues raised here today can be addressed in After Care.” Mohlar said After Care often is stricter than probation.

MacMichael, however, agreed with Rucha’s assessment.

“Sometimes a thoughtless act can cause countless suffering and pain,” he advised the teen-agers.

After the court hearing, Cook, in leg shackles and handcuffs,

was taken to the youth center. Johansmeier went home with his parents.

Rucha said after the hearing, “In this case, within the juvenile system and based on the psychiatric evaluations, we did the best we could do for these kids.”