Duling
By Allison Scarbrough, News Editor
HART — A 56-year-old Pleasant Lake, Michigan man who shot and killed two dogs in the 7400 block of Johnson Road in Benona Township last July was sentenced to six months in jail in Oceana County’s 51st Circuit Court Monday, April 14.
Thomas John Duling pleaded “no contest” to two counts of animal cruelty and one count of felonious assault, Feb. 10. Three counts of felony firearm were dismissed.
Judge Susan K. Sniegowski also sentenced Duling to two years probation.
Duling was naked when police arrived at the scene and was believed to be armed with a gun. Duling was arrested, July 3, after a strange series of events — involving a swat team response — that began the evening of Tuesday, July 2, according to Oceana County Sheriff Craig Mast.
“His sentencing guidelines were 0-17 months,” said Oceana County Prosecuting Attorney Joseph Bizon. “Under MCL 769.34, there was a presumption that he was supposed to get straight probation and no jail time. I argued — and the judge agreed — that the nature of the offense required some jail time.”
Duling’s previous record includes a drunk driving conviction approximately 30 years ago, said Bizon.
“He was friends with the victims, and they were going somewhere where they couldn’t take their dogs and they had him watching the dogs,” said the prosecutor. “To this day, we don’t exactly know what happened. When they came to retrieve their dogs, they found that their dogs had been shot. Then, there was another report of him pointing a gun at a human being. And that triggered a response involving all appropriate due care and caution in dealing with him as an individual. Ultimately, he was safely taken into custody and taken into jail.
“It’s extremely unclear whether this was an issue of mental health or an issue of substance abuse,” said Bizon. “But there was no evidence of substance abuse. It’s very unclear why he did what he did. The judge said that in her sentence and that hopefully we can identify what the needs are during probation and deal with them.”
Duling’s attorney Ryan Good had filed a notice to present a defense of insanity, but Duling ultimately opted to not go that route. “He decided not to pursue that,” Bizon said of the insanity defense.
Duling was dog sitting a male pit bull and a male American bulldog, which were both shot in the head, said Sheriff Mast. He was watching the dogs for his friends who were staying at a Silver Lake area Airbnb that does not allow pets. “He was staying in some type of a shack on the property with a tent,” he said.
“They went out to check on the dogs, and the dogs were both dead and their friend was standing there naked, and he was armed with some substantial firearms.”
The dog owners told police that it seemed like Duling mentally “snapped.”
“While deputies were on the property, another call came into dispatch from a neighboring resident. He stated that the suspect was wrapped in a tarp or blanket and pulled a gun on him.
“He thought he would stop and talk to Tom like he has many times in the past, and Tom was standing there naked at the property line.” The neighbor told police that he pulled a handgun out of the blanket and set it down next to him about a foot away. He made some confusing and threatening statements.
“I really think this is more of a psychotic break. He does not appear to be a long-term criminal,” Mast said previously. “I don’t think his actions were driven by criminal intent. I believe his actions were driven by some sort of mental health situation.
“Because we were led to believe he was armed with substantial firearms and we believed him to be alone, with no one else in danger, we didn’t think it would be an advantage for law enforcement to go traipsing around his property in the dark looking for him. We didn’t believe anyone else was at risk except maybe himself. We let it soak overnight, trying to keep an eye from afar.”
The suspect’s family called the following day, extremely concerned that they couldn’t make contact with him. “So, we called our emergency response team — swat team — to assist. We brought some aviation assets. We attempted to contact him by phone and other means and were unsuccessful, so we approached the residence in armored vehicles to make contact with the suspect. The suspect did present himself and he was still unclothed and still bearing a blanket. There was great concern about what he was concealing under the blanket. He dove onto the ground and was huddled under the blanket. He was given encouragement and then blunt encouragement to show us his hands. A less than lethal striking device was used to apply pain compliance.”
The Mason-Oceana Sheriff’s Emergency Response Team (SERT) is a joint operation between Oceana County Sheriff’s Office and Mason County Sheriff’s Office.
He showed his hands and officers attempted to take him into custody. “He rescinded his hands and began to resist.” He ultimately was taken into custody and lodged in the Oceana County Jail.
Police came to the property with a search warrant and an arrest warrant. “We were concerned about his wellbeing.”
Duling was staying on the property on Johnson Road in the summer and a location in Pleasant Lake during the winter owned by his friends who were dogs’ owners, said the sheriff.
Duling did not ever claim that the dogs had attempted to harm him, said Bizon.
Judge Snieogwski gave Duling credit for three days served in jail.
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