In the first court test of Maryland's new animal cruelty law, a landlord who shot his tenant's cats was found not guilty. Eric Grossnickle, of Frederick County, Md., admitted he killed two cats with a shotgun after warning his tenant to get rid of her pets or that he would. Grossnickle said he warned his tenant repeatedly that her three cats were causing damage to the carpeting and walls of the apartment she rented from him. The tenant, April Ritch, said she had informed Grossnickle that she intended to move and was shocked when she returned home to find two of her pets had been shot in front of her apartment in October 2001.

Maryland is one of 37 states that have made animal cruelty a crime. Frederick County, Md., Judge Mary Stepler acquitted the landlord of the felony, instead finding him guilty of a misdemeanor: malicious destruction of property.

Ritch cried while holding the metal box that contains the remains of her two cats: Babe and Angel. Grossnickle told the court he killed them with a 12-gauge shotgun the same way he gets rid of unwanted animals from his family farm. Ritch said the judge's ruling increased her pain. "They are not property. A table or chair is property. These are living things. They may have four legs instead of two but they were part of the family." she said.

Frederick County State's Attorney Scott Rollie had lobbied the Maryland Legislature for a new animal cruelty law carrying a three-year sentence. He charged Grossnickle on Oct. 1, the very day the new law went into effect. The landlord's acquittal prompted Rolle to say that he may make another trip to Annapolis, Md., to urge legislators to clarify the meaning of the word "cruelty".

Grossnickle's lawyer told LawScope by phone: "I can't defend Mr. Grossnickle in the court of public opinion because the case is still pending. The prosecutor should not be commenting. I'm asking for a meeting with the judge because the prosecutor's public comments could influence the sentencing," said defense lawyer Richard Bricken. "It's not fair."

Ritch is now living with her mother in Mount Airy, Md., along with Buffy, her cat who escaped the shootings. She has gotten a companion for Buffy, but says she still mourns for Babe and Angel. "How do you love a box?" she asked, softly stoking the metal container holding their remains. Ritch said she will work with animal rights groups to clarify Maryland's animal cruelty law. It carries a sentence of up to three years. Grossnickle faces a maximum sentence of 90 days for the misdemeanor of maliciously destroying property.

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