# Wis. appeals court upholds $7,500 restitution in dog killin



## Dak (Feb 28, 2005)

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WAUSAU, Wis. (AP) - How much is a real good hunting dog worth? $7,500, according to a state appeals court - especially if he's described as the "Secretariat of the dog world."

The 3rd District Court of Appeals agreed Wednesday with a Dunn County judge's decision to order Donald W. Poach Jr. of Boyceville to pay that much in restitution for killing Harold - Larry Polonec's hunting dog.

"I would give $75,000 if I could have him back. You couldn't put a price on him," Polonec said in a telephone interview from his home. "If you like to hunt, there was your dog. He was a four-legged tracking machine is what he was."

Poach, 45, was charged in February 2005 with felony mistreatment of animals for shooting the dog. As part of a plea bargain, he was convicted of misdemeanor mistreatment of animals.

Dunn County Circuit Judge William Stewart Jr. ordered Poach to pay $7,500 in restitution after hearing testimony that Harold, who was 7 or 8 years old when he died, was worth up to $10,000 because of his skill in hunting bears and coyotes.

One trainer, Merold Mohni, described Harold as "the Secretariat of the dog world" in testimony before the judge, court records said. Another man who raised and trained hunting dogs testified that he once offered Polonec $7,000 for Harold.

Poach appealed the restitution, arguing Harold could only be worth $2,000 because that's what Polonec paid when he bought the dog as a 4-year-old.

The appeals court ruled Wednesday that Stewart properly required Poach to pay the value of the dog at the time it died.

"There was substantial evidence that Harold had acquired a reputation as an exceptional hunting dog and could bring in a significant amount of money in breeding fees," Judge Michael Hoover wrote for the court. "We give deference to the trial court to judge the credibility of witnesses."

Stewart had determined that Harold's death was no accident and Poach should be required to pay reasonable compensation for the loss to send a message that people can't go out and shoot others' animals.

"Three shots in a row, somebody wanted that dog to die. ... I don't believe that there is any rational argument that can be made this dog was chasing cats," he wrote. "I'm not buying it."

Poach's attorney, Kerry Kelm, did not immediately return a telephone message Wednesday. There was no telephone listing for Donald Poach in the Boyceville area.

Cheryl Polonec said her husband, a dairy farmer near Boyceville, was hunting coyotes with Harold when the dog ran onto Poach's property and was shot. Her husband had permission to hunt on the land, she said.

"To my husband, it was almost like the death of a kid," Cheryl Polonec said. "He cried for a year before he got over it."

Harold was a one-of-a-kind "running dog," she said. "He was really, really smart and there was a lot of training behind him."


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## fargodawg (Sep 20, 2005)

his name was Poach? only in wisconsin can one live up to his name that well.


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## cut'em (Oct 23, 2004)

That SUCKS!! We got to keep in mind that there's alot of angry people out there that wont think twice of shooting anything on their property It's a a shame we have to worry about this but something to always consider I don't know what I'd do I'd either kick a$$ or get my a$$ kicked but me and the shooter would go a few rounds!!!


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## gonehuntin' (Jul 27, 2006)

Not enough.


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