Should a Windsor man convicted of animal abuse get jail time? Or house arrest?

Man convicted of animal abuse back in court A man who pleaded guilty to animal abuse was back in court for sentencing considerations. CTV Windsor's Michelle Maluske explains.

Warning: Contains graphic content.

Tyler Vassell, 31, previously pleaded guilty to a single charge of causing unnecessary suffering to an animal.

It stems from an incident in the early morning hours of Nov. 2, 2019, when a puppy, named Kojakt was seriously injured by its owner.

In a sentencing hearing Friday, assistant Crown attorney Jayme Lesperance told the court Kojakt suffered “profound blunt force trauma to the head and neck.”

Lesperance played a series of five videos, obtained from surveillance cameras inside the east Windsor apartment building where the assault occurred.

“This is a crime of violence,” Lesperance told the judge.

Over fewer than 15 minutes, Vassell is seen striking the dog multiples in an elevator and in a hallway.

Lesperance describes the assault as a “series of blows to the head,” “multiple punches” and the video shows the dog being kicked in the ribs up against the elevator door.

At the time, an alert neighbour called police who investigated and the dog was taken into the custody of the Windsor/Essex County Humane Society.

In a case summary, the humane society’s veterinarian detailed Kojakt’s injuries which include a “profoundly swollen neck” and significant soft tissue and muscle injuries on the spinal cord.

The vet noted Kojakt “screamed out in pain” when they tried to help him.

Kojakt did not suffer any broken bones as a result of the assault.

After six weeks, the vet noted some improvement in motion and Kojakt was gaining weight.

However, Kojakt’s hind right limb was atrophied from lack of use while he recovered, so the dog’s gait was impacted.

Today, Kojakt is in the care of a foster family with the humane society, has had a complete hip replacement, the dog can no longer wear a collar and is expected to be on pain medication “long-term.”

The humane society has issued a Statement of Restitution valued at $1,817.60 for Vassell to pay upon sentencing.

He agreed Friday to surrender Kojakt over to the humane society.

Defence lawyer Frank Miller told the court Vassell’s actions were completely out of character, and that he was having a “difficult time” that night.

“Everybody gets angry,” Miller told the judge. “But not everybody does this to an animal.”

Miller says Vassell has no explanation for why he lost his temper or what caused him to assault Kojakt, referring to it as an “isolated act.”

Miller is asking the court to sentence Vassell to six months house arrest because he is the sole income provider to his girlfriend, their child and her three children.

Vassell told the court, “I feel bad about what I did. It wasn’t right. All I can say is that’s not me as a person.”

Lesperance agreed a conditional sentence (house arrest) was available under the criminal code but believes “it’s inappropriate” given the “level of violence.”

Lesperance asked the judge to consider, as Kojakt’s owner, Vassell was in a “position of trust” and noted during and after the assault, the dog kept returning to his owner.

The Crown also asked the court to consider why Vassell has no explanation for what made him injure the dog.

“We might not understand it but at least we could reconcile his actions,” Lesperance said.

“Custody is required,” Lesperance told the judge when asking for a jail sentence of nine to 12 months plus a 10-year ban on owning or residing with any pets.

As for Kojakt, Lesperance told the court he “might have a chance for a home” when he gets better while noting the dog is “never going to have the life he had.”

The Judge will sentence Vassell on Friday, Aug. 12.