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KANSAS CITY, Mo. -- Almost 10 years after a Yorkshire terrier was beaten, suffocated and set on fire, Kansas still remains one of nine states without a felony animal abuse law, KMBC's Lara Moritz reported.

In May 1997, four Kansas City, Kan., men videotaped the torture and killing of the dog named Scruffy.

"You're about to witness a murder," one man says on the tape.

"I can still see that dog. I still have nightmares about that night," said Lee Brand, of Power for Paws.

Moritz reported that Scruffy's death launched a nine-year battle in the Kansas Legislature to make animal abuse a felony offense.

"I admit I've done something senseless. I regret what I've done and I'm deeply sorry," Lance Arsenault said in a 1997 interview.

Moritz said that because Arsenault, Marcus Rodriguez, Jose Guiterrez and Richard Golubski killed Scruffy in Kansas, they spent little or no time in jail. In Kansas, a person can do anything to an animal and not be charged with a felony.

The only reason Arsenault and Rodriguez spent anytime in jail is that the prosecutor got them on an arson charge because the Yorkie was set on fire.

"There's no felony provision in Kansas. I assumed like many other people do that because Missouri and a majority of other states have such a provision that we did, too," Brand said.

Brand is the founder of the group Power for Paws and has launched a petition, a Web site and an all-out campaign to get the word out and the Legislature in on passing a felony law.

"The first time that a person commits certain crimes against animals, it will automatically be considered a felony level offense charge," Brand said.

Brand, who has has counseled inmates for years, said that violent criminals often start out abusing animals.

"I can tell you stories, horrendous stories especially with sex offenders and the things they have done to animals. There's a very clear link and that's why we need a felony provision," Brand said.

Last year, there was chilling testimony about Dennis Rader, known as the BTK serial killer, who first got a thrill out of strangling animals and then moved on to killing humans.

Kansas legislators will look at three different proposed bills. Senate Bill No. 402 would allow people a second chance after a first offense.

"To say that a person would be allowed to barbecue two different dogs, two different occasions and not have the penalty, I don't consider that an acceptable option for a bill," Brand said.

Senate Bill No. 135, better known as "Scruffy's Law," would make abusing an animal a felony offense, but allow a judge to decide whether the defendant should go to jail.

Senate Bill No. 408, the newest bill, would make incarceration mandatory.

Since 1997, various bills have gone nowhere in the Legislature, Moritz reported. Brand hopes this time a bill will live and animals like as Scruffy won't have died in vain.

"We can't take back those years. We can't change that. All we can do now is thank the legislators for finally addressing this issue and hope that one of these bills will be passed during this legislative session.

The four men in the Scruffy case are off probation. Rodriguez and Arsenault spent less than three years in jail.

Moritz reported that "Scruffy's Law" was the topic of debate in Topeka Thursday morning. Kansas legislators listened to testimony from people for and against a felony animal abuse provision.

While many want to see a felony law in place, others expressed concern that prisons were overcrowded already and that jail space should be reserved for people committing crimes against people -- not animals. Legislators will discuss the bills again on Monday.

More Information

If you want to contact Kansas legislators about changing animal abuse laws, visit www.powerforpaws.com or e-mail Lee Brand at Paws4brand@yahoo.com.

Kansas Senate Bill No. 402

Kansas Senate Bill No. 135

Kansas Senate Bill No. 408