Kevin Paul Gartner, 47, violently beat up a rabbit outside the Vancouver Military Museum on May 2, 2018. The 12-minute attack was captured on a pair of surveillance videos. (Ian Holmes/NanaimoNewsNOW)

By Ian Holmes

Animal torture

Judge comes down hard on Nanaimo rabbit beater

Nov 28, 2019 | 6:29 AM

NANAIMO — A judge took the unusual step of surpassing the Crown’s recommended jail sentence for a man who tortured a rabbit in Nanaimo’s downtown.

Kevin Paul Gartner, 47, was handed nearly 10-months jail for the disturbing May 2, 2018 attack caught on two surveillance videos outside the Vancouver Island Military Museum. In addition to causing unnecessary pain and suffering to an animal, Gartner pleaded guilty to possessing heroin and stolen property.

Gartner’s Nov. 6 sentencing hearing painted a picture of a man who’s street-entrenched, resentful, full of anger and high on a mix of hard drugs prior to attacking the animal.

“It may be that the assault on the rabbit was casually connected to Mr. Gartner’s drug habit, but there is no evidence to support that conclusion,” Judge Ted Gouge wrote in his Nov. 27 ruling.

Gouge’s sentence is above what Crown prosecutors were asking for.

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The Crown’s Tanner Conway pushed for six to eight months in jail for Gartner, while defence lawyer Michael Ritzker lobbied for a non-custodial sentence.

The maximum penalty under the Criminal Code of Canada for the summary offence of causing unnecessary pain and suffering to an animal is 18-months in jail.

Judge Gouge referenced Gartner’s prior statement to the court, which began with Gartner complaining about a lack of immediate support to help explain his actions.

“He appeared to be more affected by his own unfortunate personal history than by the suffering of the rabbit,” Gouge wrote.

A pre-sentence report and psychiatric assessment illustrated how Gartner has difficulties taking responsibility for his actions and showing remorse, fostered by a long history of drug addiction and feelings of abandonment and resentment.

Gartner has 32 criminal convictions to his name, mostly for theft and driving offences. He didn’t have a documented history of violence prior to the animal abuse offence.

He’s considered a moderate to high-risk to re-offend with violence, especially if substances are involved, like they were during the rabbit attack.

The video surveillance from the museum on the hill above the Port Theatre showed Gartner torturing the defenceless, limp rabbit for 12 minutes with punches, slaps and kicks.

Gartner also hung the animal from its ears and tail.

At one point the rabbit managed to escape but Gartner re-captured the terrified animal and continued the beating.

A veterinarian who viewed the video said rabbits have the same neurological mechanisms to feel pain as humans. The vet believed the animal suffered internal organ trauma, which likely would have led to its death.

Gartner sat silently during the judgement before being led away to jail by sheriffs.

He’s banned from owning or residing in the same premises with an animal or bird until Dec. 31, 2030.

Gartner was handed two-years probation, can’t consume alcohol, cannabis or illicit drugs and must complete counseling as directed by his probation officers.

His physician and social worker reported positive early signs in his path to sobriety.

Prior complications with living a life on the streets led to the loss of Gartner’s left leg.

His ankle was broken during a foot chase from Nanaimo police some time after Gartner beat the rabbit. The ankle fracture didn’t heal properly due to infection in part from to life on the street. Gartner’s left leg was amputated below the knee three months ago.

ian@nanaimonewsnow.com

On Twitter: @reporterholmes