This is the second time in a little over a year for this kind of crap. Earlier they arrested a 20 year old stoner for having sex with a Rotweiler inthe garage of a home he was staying at. They convicted him of cruelty to animals.Six Months for Man Guilty in Dog Sodomy Case
Posted: Feb 20, 2008 11:28 AM
Updated: March 19, 2008 05:44 PM
by Cliff Judy
A Sedgwick County judge decides a man twice convicted of having sex with a dog will register as a sex offender. Joshua Coman, 20, was arrested in February when a Wichita family found him in their garage having sex with their 4-year-old female rottweiler.
Coman appeared with his defense attorney at his sentencing hearing Wednesday afternoon.
When he was arrested, he was already on probation for committing the same crime in Sedgwick County last September. Coman wasn't registered as a sex offender at that time because he was convicted of misdemeanor criminal sodomy.
Sedgwick County prosecutors argued this case had special circumstances. Aaron Smith told the judge Coman's crime was sexually motivated, and therefore, sexually violent.
Coman's attorney, Eric Svoboda, argued the sex offender registry was meant for "released felons who murder and rape human beings." The judge disagreed.
"I believe the citizens of Sedgwick County have a right to know that Mr. Coman is living in their community, their neighborhood, right next door," said Judge Joseph Bribiesca.
Judge Bribiesca ruled Coman will also serve the maximum sentence of six months. While in custody, Coman must undergo mental evaluations by a psychiatrist at the Sedgwick County Jail.
Below, you can find a blog of court proceedings as they happened Wednesday afternoon, previous stories, and a detailed explanation why Coman wasn't registered as a sex offender after his first conviction.
Update 3:50 p.m.
Sedgwick County Judge Joseph Bribiesca sentenced Josh Coman to a maximum of 6 months in the Sedgwick County Jail. He will also have mental evaluations while in jail.
In court, the judge said, "Mr. Coman believes it's okay to have sex with a canine. That's obviously a mental abnormality."
Judge Bribiesca also decided Coman will register as a sex offender. He says the crime was obviously sexually motivated and meant to sexually gratify him. Bribiesca says there is no language in the sex offender registry limiting it to only offenders who violated other people.
"I think the citizens of Sedgwick County deserve to know that Mr. Coman is living in their community, their neighborhood, right next door," Bribiesca said.
Update 3:35 p.m.
In court Wednesday, Coman's defense attorney Eric Svoboda argued the Class B Misdemeanor charge he's facing doesn't mean Coman has to register as a sex offender. By the legislature's definition creating the sex offender registry, Svoboda said it was meant to register sexually violent offenders, not offenders simply looking for sexual gratification.
Svoboda argued the registry was meant to protect the public from "felons who murder and rape human beings." Svoboda said the statute creating the sex offender registry was not meant to protect animals.
Update 3:20 p.m.
Prosecutor Aaron Smith made his case for why Joshua Coman should be registered as a sex offender.
The judge must find beyond a reasonable doubt that this was a sexually-motivated crime, and therefore, a sexually-violent crime.
Smith cited case law for several minutes relating Coman's case to others.
Update: Josh Coman pleaded guilty last Thursday to one count of criminal sodomy. The crime is a misdemeanor. He will be sentenced this afternoon.
During the sentencing, the court will also hear a defense motion to keep Coman off of the sex offender registry.
Coman pleaded no contest to a similar charge in Reno County last September. Here's why he wasn't already on the KBI sex offender registry website:
When it comes to the charge of Criminal Sodomy, there are several subsections that determine what level of crime you committed.
--If the victim of the crime is an animal or someone of the same sex older than 16, the defendant is charged with a Class B Misdemeanor. The defendant is not put on the sex offender registry if convicted.
--If the victim is a child ages 14 or 15, the defendant is charged with a Level 3 Felony. The defendant is put on the sex offender registry if convicted.
--If the defendant sodomized a child 13 or younger or severely sodomized an adult, prosecutors start looking at Aggravated Criminal Sodomy charges. The defendant is put on the sex offender registry if convicted.
Coman pleaded no contest to the Class B Misdemeanor last September in Reno County.
Sedgwick County prosecutors want Coman on the sex offender registry, so they filed the Criminal Sodomy charge with special allegations that this was a sexually-motivated crime. With those allegations, Coman would have to be put on the registry. This is what Coman's defense attorney is fighting.
Stay with Eyewitness News for any updates.
by Megan Strader
She's the family pet, but now a 4-year-old Rottweiler is at the center of a criminal case.
"My mom turns on the garage light and steps out the door and catches him, well, having intercourse with our dog," explains Justen Tracy.
He says his family knows 20-year-old Joshua Coman, and knows he's in love with their dog, Yody. They even had a tip Coman was planning to steal their Rottweiler Tuesday night.
"It's wrong. It's disgusting," adds Tracy. Wichita police arrived shortly after the family reported what they saw. Officers arrested Coman for aggravated burglary and criminal sodomy.
This isn't Coman's first offense. He was charged in Reno County last September for a similar incident with the homeowner's ex wife's Rottweiller. He pled no contest and was sentenced to six months probation.
The family just wishes that would have kept him from doing what he did to their dog. "She's a really kind dog, completely loving. I mean, this is a Rottweiler that didn't turn around and rip apart somebody doing this. She's gotta be an extremely loving dog."
Yody has been checked out by a vet and appears to be doing fine. Which is more than Justen and the rest of the family can say for themselves.
"I've heard rumors going around that bestiality exists but I never though it existed so close to home."
http://www.kwch.com/Global/story.asp?S=7899058