Crown calls for jail term in high-profile Vancouver dog cruelty case

The eyes of animal lovers are on a Vancouver courtroom this week, waiting to see if Brian Whitlock gets jail time for beating his German shepherd, Captain, nearly to death, then tossing him in a dumpster.

I'll be very surprised if Whitlock ends up behind bars.

The cases has focused attention like no other since the horrific mass slaughter of dozens of husky sled dogs deemed surplus after the 2010 Vancouver Winter Olympic Games.

An employee of the company that owned the dogs shot them or slit their throats, then threw the bodies into a mass grave near the resort town of Whistler, B.C. Some were still alive.

The perpetrator in that case, Robert Fawcett, got probation, a fine and a ban on owning animals, which enraged animal-welfare advocates.

[ Related: Sled dog killer Robert Fawcett avoids jail; animal welfare advocates enraged ]

So if a dog massacre doesn't rate a jail sentence, how likely is it that Whitlock will get one?

The Crown prosecutor in the case thinks the circumstances of Captain's suffering and eventual death certainly warrant incarceration.

Whitlock, 26, previously pleaded guilty causing unnecessary pain and suffering to an animal, a Criminal Code offence that carries a maximum jail term of 18 months under a summary conviction or five years if the Crown proceeds under indictment.

Jordan Hauschildt asked the provincial court judge to impose a jail sentence of four to six months, followed by three years' probation and a lifetime ban on having animals, the Globe and Mail reported.

Captain, underweight and suffering cuts to his head and neck, was discovered barely alive in a dumpster on Vancouver's west side last July, the Globe said. The two-year-old dog died the following day.

[ Related: Crown wants Vancouver dog killer to spend up to six months behind bars ]

An investigation led police and SPCA officials to Whitlock's apartment, where they found a baseball bat with fur on it. Dog feces were found throughout the home.

At this week's sentencing hearing, the defence asked for no jail time and three years' probation.

Lawyer Tony Paisana said Whitlock developed mental health problems — since Whitlock's arrest, a psychiatrist has diagnosed him with paranoid schizophrenia — following the breakdown of of his relationship with his wife, the Globe reported.

Whitlock, who had only had Captain for a few months, told police he believed a neighbour had poisoned the dog, which had begun acting strangely after a walk, CBC News reported.

He said he became afraid of Captain and locked him in a room before deciding to put him down. Instead of taking the dog to a vet, Whitlock hit Captain three times with the baseball bat. He originally wanted to bury the dog but, worried coyotes would dig up the body, Whitlock tossed him in the dumpster.

The court heard that after killing the dog, Whitlock went to his grandmother's house in suburban Richmond and slept on the porch, then spent the rest of the week sleeping in the forest, CBC News said.

[ Related: Man sentenced to 6 months in jail for stabbing dog ]

But the Crown produced evidence that Captain suffered well before he died. He was emaciated and starving when he was discovered.

The public push for the court to come down hard on Whitlock grew Sunday with a rally by animal-rights groups who've collected 130,000 signatures on a petition to demand stricter sentences for animal abusers, CTV News reported.

Marcie Moriarty, the B.C. SPCA's chief prevention and enforcement officer, said Whitlock should be jailed and banned for life from possessing animals to "reflect the gravity" of his offence.

Whitlock has been a figure of public outrage, including death threats, since he was arrested. He checked himself into a Vancouver psychiatric ward twice and became suicidal.

Reacting to defence arguments, the judge called the community reaction to Whitlock "disgusting, abhorrent and unfortunate," and that those desiring vigilante justice should know better, CBC News said.

Whitlock's sentencing is scheduled for June 12.