Nanaimo man awaits punishment in chilling animal torture case

The Crown’s Tanner Conway said Gartner violently shook, slapped, punched and kicked the rabbit during a 12-minute attack.

At one point the rabbit got away, before Gartner re-captured the animal and continued the beating for several more minutes.

Gartner also pulled on the rabbit’s whiskers and pinched its nostrils.

He left the area on a bike with the injured rabbit inside a bag dangling from the handle-bars.

Gartner was visibly distraught listening to the facts of the case.

A veterinarian who viewed the video reported rabbits have the same neurological mechanisms to feel pain as humans. It was theorized the animal suffered internal organ trauma, which likely would have eventually caused its death.

Conway referenced a pre-sentence report and psychiatric assessment, both of which showed Gartner failed to show remorse for his actions.

Gartner has a long history of drug addiction and held feelings of abandonment and resentment, the reports stated.

Conway said Gartner’s prolonged attack was more than a momentary act of frustration.

“It was the result of deep resentment and anger which was taken out on a defenceless animal…The abuse the rabbit suffered at the hands of Mr. Gartner can best be described as deliberate torture,” Conway said.

The psych assessment recommended Gartner attend a long-term intensive residential substance abuse facility and take violence prevention programming.

He’s considered a moderate to high-risk to re-offend with violence, especially if substances are involved.

The psych report’s author believed Gartner was under the influence of drugs at the time of the assessment, which his lawyer flagged as concerning.

Gartner was also convicted of stealing a passport, a cell phone and having a small amount of heroin in his possession three days after the rabbit attack.

He was on probation at the time.

There are 32 criminal convictions to his name, most of which are property crimes and driving offences.

The Crown is pushing for six to eight months in jail for Gartner, along with two years probation and a ban on owning pets.

Gartner’s lawyer Michael Ritzker said his client has gained insight into his behaviour.

He said Gartner hit a physical, mental and emotional breaking point after shattering his left ankle in a police pursuit before the rabbit attack. Ritzker said Gartner’s leg didn’t heal properly and got badly infected, in part due to living on the streets.

His lower left leg had to be amputated.

Ritzker said nobody visited Gartner in the hospital, leaving him resentful, full of hate and self-loathing.

Gartner turned to heroin, Ritzker said.

“This is a matter of a person descending into the doorstep of hell and bad things happen…I’m not here to garner sympathy for Mr. Gartner, I’m here to simply express the dynamics that gave rise to these events,” Ritzker said.

Gartner was high on heroin, fentanyl and crystal meth while he lashed out on the rabbit, Ritzker said.

He said Gartner committed no further offences while released on bail for his most recent crimes.

Ritzker lobbied for a conditional sentence, noting Gartner requires a few more months of in-patient care in hospital.

“Sending him to jail today is an unnecessary risk to his health,” Ritzker said.

Crown prosecutor Conway disagreed, stating jail medical staff have the skills to properly care for the offender.

An emotional Gartner told court he’s remorseful and actively getting counseling to address the violence he displayed against the rabbit.

“I didn’t understand the total degree of what had happened until the Crown read it out to me and now there won’t be a day that goes by that I won’t think about this,” Gartner said.

Gartner told NanaimoNewsNOW outside court the man who attacked the rabbit is not who he is today.

Provincial court judge Ted Gouge reserved his decision for a future date.

ian@nanaimonewsnow.com
On Twitter: @reporterholmes

by Ian Holmes

Nanaimo man awaits punishment in chilling animal torture case

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