Community Corner
Muddy Paws Sentence: Courts Take Animal Cruelty Cases Seriously
Animal advocates say Diane Eldrup's sentence was stronger than in past cases and that justice was served.
When Diane Eldrup was sentenced to 2½ years in jail this week for the starving deaths of some 30 animals, it was a victory for animal rights advocates, because not so long ago Eldrup would have gotten off with probation.
“It is definitely a strong sentence for a case like that and it sends a strong message,” said Adam Parascandola, director of animal cruelty issues for the Humane Society of the United States.
“I think the county should definitely be applauded. They took this very seriously. Failure to provide food and water is the No. 1, most common form of neglect that is charged. Historically courts have not taken that as seriously,” Parascandola said in a phone interview.
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Parascandola said most courts would not be as open to trying to show intent to harm.
“I think one of the big things to note here is the fact that this was charged as a felony,” Parascandola said. Most times, felony charges are reserved for crimes like beating an animal, he said.
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Illinois a Bad State for Abusers
It is only in recent history that animal cruelty charges were upgraded to felonies. There are 47 states that consider animal cruelty a felony, although in many states, felony charges are reserved for offenses like dog fighting or beating an animal. In December 2010, the Animal Legal Defense Fund ranked Illinois as the best state for its animal protection laws, or the worst state in which to be an animal abuser.
Assistant State’s Attorney Michael Mermel, who prosecuted Eldrup along with co-prosecutors Suzanne Willett and Raquel Robles-Eschbach, said he usually prosecutes murder cases. However, as a person who loves animals, he had a special interest in this case.
He noted that Judge James Booras, who presided over the case, has a record of being tough on animal abusers.
Last year, Booras sentenced a Grayslake man to 20 months in prison on aggravated animal cruelty charges. Earl Dooley, 57, shot and killed a small black dog that wandered into his yard, according to TribLocal. He was sentenced in August 2010 in a case that also was prosecuted by Mermel.
Eldrup, 48, was sentenced to 30 months of periodic imprisonment. She will be able to leave the facility for work, counseling and other rehabilitative services, and visitations with her 9-year-old son.
Judge James Booras said imprisonment was necessary in this case to deter others. He described Eldrup as mean-spirited and vindictive in her treatment of the dogs.
“Five years ago, she would have gotten just probation,” said Sandy Wisniewski, a humane investigator and founder of _Animal Education and Rescue in Libertyville. “This was the right time and the right place. We’re becoming a more educated society.”
Growing Intolerance for Abuse
One example of how animal cruelty charges were treated back in 2005 is the case of a Lake Zurich man charged with cruelty after animal control officers found 61 severely neglected animals in his home including the rotting remains of three cats. William P. Walsh pleaded guilty to the misdemeanor animal cruelty charges and was sentenced with just two years’ probation, according to Pet-Abuse.com
“As we evolve and as more people understand the connection between animal abuse and child abuse, we’re starting to see the courts take this more seriously,” Wisniewski said. “I thought the (Eldrup) sentence was very fair, and there couldn’t have been a more reasonable approach to sentencing.”
Kurt Eldrup, Diane Eldrup’s estranged husband, said he felt the sentence was fair.
“She needs help and she’ll be able to get it. She did do a heinous thing,” Kurt Eldrup said. He also said he was glad Diane Eldrup’s visitations with their 9-year-old son would be outside the jail, since his son was nervous about going to see her in jail.
“I was worried that she wouldn’t get jail,” said Janice Robinson, who traveled nine hours from Minnesota to attend the sentencing. “I was also worried that she would — I was worried about Tyler. I think the judge was very fair. She can still see her son. When you do wrong, you get punished.”
Robinson was the former foster parent of Lucha, a Chihuahua and Eldrup’s son’s personal pet, found dead at the site. Robinson was planning to travel back to Minnesota with a companion, a deaf Chihuahua she will foster for Wisniewski’s rescue organization. She said she planned to name the dog Justice.
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