Teen’s plea agreement in cat death includes probation and counseling

CALAIS – A 16-year-old Baileyville youth who dropped a rock on Pepper’s head to put the cat out of its misery after the animal had been tortured by him and others was sentenced Tuesday by 4th District Court Judge Jesse Gunther.

Ted MacArthur, who was charged with aggravated cruelty to an animal, was sentenced to the Maine Youth Center in Charleston until the age of 18.

But under a plea agreement reached with MacArthur, he was placed on probation until age 18 and ordered to undergo counseling once a week. He must also live with his parents, attend school and adhere to an 8 p.m. curfew.

The trial for MacArthur’s companions Brent C. Carlow, 16, of Baileyville, was delayed until the end of May.

A third youth, John B. Dewar II, was sentenced last week to the Maine Youth Center in Charleston until the age of 18.

Under his plea agreement, Judge John Romei suspended the sentence and placed Dewar on probation with the condition that he completes his stay at a residential treatment program. Dewar remains at KidsPeace in Ellsworth.

During MacArthur’s sentencing Tuesday, Assistant District Attorney Joelle Pratt said the three told investigators different stories, but for one consistent fact in the Sept. 23 incident: The cat was tortured and killed.

In her summary, Pratt said Carlow told police the three went to Dewar’s house. Dewar “went in, got a knife.”

“Mr. MacArthur held the cat down, hit it with a wooden stick and the cat ran, and Mr. Dewar ran after it,” she said. “Mr. Dewar brought the cat back to the scene, tried to cut its throat and stab [it] in the side, and it ran off again. Mr. Dewar hit it in the head with a stick, it started quivering, then Mr. Dewar threw a large rock on the cat and it ceased moving.”

Dewar told police it was Carlow who held the cat down and MacArthur who hit it with a spindle. MacArthur admitted he had dropped the rock on the cat’s head.

The cat was placed in a plastic bag and left in a trash receptacle.

Gunther questioned MacArthur to ascertain if he understood what he had been charged with. “You made the cat hurt really, really bad before it finally died,” she said. MacArthur nodded that he understood.

MacArthur’s attorney, Richard Hall of Bangor, agreed that it was MacArthur who dropped the rock on the cat’s head. “He was realizing that the cat was suffering and wanted to put it out of its misery,” Hall told the judge.

Hall said his client was very sorry for what he had done. He said his client had no prior record. He described MacArthur as someone who was immature for his age and in need of peer acceptance. He said had one of the boys not suggested they kill the cat, his client never would have acted on his own.

“He didn’t have the gumption to stand up and say no,” Hall conceded. “When the final blow was made, Ted was acting out a desire to stop the cat from suffering.”

Hall said his client had done well with supervised release and had a supportive family.

Gunther then asked MacArthur if he had anything to say. “I’m sorry for what I did,” he told the pet’s owner, Michelle Gallant.

Gallant told the judge that she had seen the boys around town after the killing and they had not demonstrated remorse for what they had done. She said she disagreed with the plea agreement feeling it was just a slap on the wrist. She said she believed he should have been sentenced to KidsPeace like Dewar.

The judge then sentenced MacArthur. She said the curfew would be a long sentence for MacArthur because he would not be able to attend school basketball games or dances unless accompanied by a parent.

Looking at MacArthur the judge said, “You have the choice to show the world you’re not the person who really did this and I hope you’re successful in doing that.”

Outside the Washington County Courthouse, Gallant said she was not satisfied with the decision. “To listen to him about how he took that rock and put it on her head because he was trying to put her out of her misery which she wouldn’t even have been in if they wouldn’t have got her in the first place,” she said choking back tears. “I don’t know how this system works.”

She said it has been a difficult time for her, her husband and two children since they’ve learned of Pepper’s death. “We got Pepper’s [body] back on my daughter’s second birthday. In the midst of trying to get a party ready for her we had to bury our cat. It was one of the hardest things ever,” she said.

Gallant said that since Pepper’s death people have offered her kittens. “My husband and I have been talking about getting a little dog, something I will never ever let out of my sight, ever. But I can’t do anything until this is all over with. Then I can put Pepper to rest and then I can concentrate on loving another animal.”

Gallant said that she planned to be in court in May for Carlow’s trial.