- Florida, USA -
The State Attorney’s Office dropped aggravated animal cruelty charges against 46-year-old SHAWN LEMARR BENSON (pictured below).
BENSON will not be going to jail after he struck a 10-year-old Olde Bulldog named Phantom, several times in the head with a metal fence post.
The incident happened on August 12, 2020, on Southeast 34th Court in Ocala.
OcalaPost reports that according to court records, BENSON was working on a dog kennel for Phoebe Bennett when her dog, Phantom, snatched up a cat named Puppy and wouldn’t let him/her go.
Ms. Bennett told Star-Banner that BENSON was in her backyard when he was helping her expand a dog kennel.
As Puppy walked by the kennel, Phantom grabbed Puppy and BENSON tried to get Puppy out of Phantom’s mouth.
BENSON then picked up a metal fence post and repeatedly struck Phantom over her head.
Star-Banner reports that according to Marion County Sheriff’s Deputy R. Young Jr.’s report, the post was approximately 5 feet long and 4 or 5 inches wide.
BENSON said he grabbed the metal fence post and struck Phantom six or seven times and only stopped once Phantom let go of Puppy.
The report also states that Phantom fainted and was taken to the University of Florida Pet Emergency Treatment Services.
BENSON told Ms. Bennett that if Phantom came home, he was going to kill the dog.
Phantom had swelling on the right side of her head and her skull was fractured.
Sadly, she was euthanized.
After Phantom was euthanized, the Marion County Sheriff’s Office arrested BENSON and charged him with aggravated animal cruelty.
BENSON said he was concerned that Phantom would bite a child or someone else.
Newspapers are not consistent as to what happened to Puppy.
OcalaPost reports Puppy made a full recovery, while Star-Banner reports that Puppy was euthanized.
Star-Banner reports that the reason given for the case being dropped against BENSON is: “Given the circumstances, Florida law allowed Ocala resident Shawn Lemarr Benson to do what he did.”
BENSON’s attorney, Michael Reiter, argued that his client had “an absolute defense” to the charge and cited Florida statute 767.03: “In any action for damages or of a criminal prosecution against any person for killing or injuring a dog, satisfactory proof that said dog had been or was killing any animal included in the definitions of “domestic animal” and “livestock” as provided by s. 585.01 shall constitute a good defense to either of such actions.”
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