Deadly Compulsions of Barry Herbeck - Pawprints and Purrs, Inc.

May 12, 1997 - Barry Herbeck, 36, of Janesville, Wisconsin, pleaded no contest to five felony counts of animal abuse resulting in death and one felony count of possessing a firearm as a convicted felon. A new girlfriend called police in April 1997 upon discovering parts of a dead cat in Herbeck's kitchen plumbing, and hearing from his two young children that Herbeck had taped their puppy's mouth shut, then left him to die in front of them. According to police, Herbeck admitted collecting cats via "free to good home" ads, then killing them through acts of bestiality.

The remains of the puppy and numerous cats were discovered in his freezer, on his porch, and in his yard. "The charges of sexual gratification with a cat and the puppy killing charge have been dropped," the Alliance objects. "It is imperative that the judge know" at sentencing scheduled for July 6 "that this kind of violence will not be tolerated. In 1989 Herbeck served six months in jail for first degree sexual assault of his stepdaughter. He has sole custody of his stepdaughter now."

Herbeck has been free on $25,000 bond since his arrest. Rock County assistant district attorney said the purpose of the plea bargain was to spare the children from testifying at a trial, and said he would ask for a sentence of four years in jail plus six years on probation. The allowable maximum under the charges to which Herbeck pleaded would be 10 years in jail. Letters may be addressed to:

Judge Richard Werner
Rock County Courthouse
51 South Main Street
Janesville, WI 53545 USA

The Alliance for Animals may be contacted for further information at 608-257-6333; fax 608-257-6400; email.

Reports of abuse witnessed by his 8 year old child

Herbeck's 8 year old daughter told police her father became angry after the puppy urinated on the living room floor, and that she watched as her father taped the puppy's mouth shut and stuffed it into the container. She said he told her not to let the puppy out, and not to feed the puppy, even though the puppy was crying and whining.

She told police that about a week afterwards her father moved the container out onto the porch. She also said she saw him throw at least one cat against the wall so hard that it died, and she saw another cat lying dead in the bathtub after it had bitten her father. She also saw a large heavy box in the freezer, which she suspected was yet another dead cat. It was.

This 8 year old child also showed police a large piece of carpet over other carpeting at the bottom of the stairs in the home. She told police the carpeting was used to cover blood stains caused by her father throwing animals at the walls and down the stairs. The child was 8 years old at the time of these incidents. She will most likely bear the emotional scars of witnessing these horrors for the rest of her life.

Herbeck was ordered to have no contact with his then 8 year-old daughter, 10 year-old son, his ex-wife, or his former live-in girlfriend.

UPDATE:

June, 1997 - Barry Herbeck, 37, formerly of Janesville, WI, will be facing sentencing July 6, 1998 in a Rock County Circuit Court, on five felony counts of animal abuse that resulted in death, and one felony count of possessing a firearm as a convicted felon.

Previous to his Tuesday May 5th hearing, he had also been charged with one count of obtaining sexual gratification from an animal, and the death of Nikko, an 8 month old German Shepherd puppy. He had admitted to police that he committed "an act of sexual gratification involving his sex organ and the anus of a black cat," after he killed the cat, around Valentine's Day of 1997.

The body of Nellie, a female black cat, was found in Herbeck's home. An autopy examination showed clear evidence that Nellie had been sodomized, both of her back legs and neck had been broken, and she had massive abdominal injury.

Court records show Herbeck had a first-degree sexual assault conviction from January 1989. He was found guilty of First Degree Sexual Assault for performing oral sex on a 6 year old girl.

Police were first called to Herbeck's home after his former live-in girlfriend told police she found cat entrails in the garbage disposal while she was cleaning the house in April of 1997. She told police she remembered coming home about a month prior to that and finding a dead cat in the hallway, and also recalled the man's 8-year-old daughter saying that he had killed the family puppy.

Herbeck allegedly wrapped duct-tape around the mouth and nose of the 8 month old puppy, Nikki, and sealed the puppy in a small plastic container until it starved to death. The rotting corpse of an 8-month-old female German shepherd was found stuffed in a container on Herbeck's porch.

Herbeck told police he took in numerous cats and had been killing them since at least January of 1997. He claimed that killing the cats helped him cope with stress and anger from past child abuse.

He confessed to killing Monkey, Harley, Morris and Butterball by punching them, twisting their necks around, or throwing them against the wall until they died. Their poor little tortured bodies were discovered with their necks, jaws and other bones broken. He said he felt better after he killed the animals, and the more he killed the greater his relief. He also told police he felt guilty for killing the animals.

According to police reports, Herbeck said that after he killed the cats he had in his house, he would answer ads in newspapers for free cats.

Local residents told police Herbeck answered their newspaper ads for "kittens free to a good home." Herbeck reportedly took his children along with him to answer ads for free animals.

One Janesville woman told police that Herbeck took two adult orange tabbies and one gray and white tabby on April 3, 1997 in response to her ad for free kittens. He initially took the three adult cats and then later also agreed to take a mother cat and three kittens. He brought his children along on both visits, she told police.

Three adult cats were found with their necks twisted in trash containers outside Herbeck's home on April 9, 1997, the day of his arrest.

An Edgerton woman also called police after seeing Herbeck's picture in the paper and said he came to her house in April with his daughter and son, at around the same time that he took the other cats. The woman told police that Herbeck offered to take the cats she was advertising as "free to a good home," but the cats had already been promised to someone else.

The woman said he called her about one week later, and tried to talk her to into giving him her Dalmation, telling her that his daughter had fallen in love with the dog. The woman told police she was reporting these incidents to them because she wanted them to know that Herbeck had used his children to get animals.

Also a Janesville man called police after seeing Herbeck's picture in the local paper. He had also given his cat to Herbeck, who responded to an ad for a cat free to a good home.

The man said Herbeck brought his children along with him at the time, and he thought it was very unusual that the kids didn't show any excitement about getting a new cat. The man told police he later figured that the kids showed no excitement because they probably knew what was going to happen to the cat.

Several other dogs may have fallen victim to Herbeck's perversion. A six year-old Shepard Husky, Ginger, disappeared into Herbeck's home. The collar and leash of a Chocolate Lab was found in Herbeck's home, but the dog has never been seen again. Herbeck also admitted putting other dogs in the same container where Nikki was imprisoned, starved and left to die.

Rock County Humane Society official Cheryl Silha reviewed veterinarian reports on the dead animals and said the animals had been tortured. "This wasn't a ’throw against the wall once‘ situation. This was over and over. These animals were tortured and they died a slow death," Silha said.

Silha said the five dead cats found at Herbeck's home were taken from one person. "We know he went through a steady supply of animals. How many, we won't really know, since he said he was putting them in the dumpster where he worked."

It has been estimated that Herbeck may have killed as many as 20 cats.

Herbeck's trial was scheduled for May 13, 1998 but he entered into a plea agreement with the prosecutor, supposedly meant to spare his two young children the trauma of testifying at his trial.

Herbeck pleaded ’no contest‘ May 5, 1998 to five felony counts of animal abuse resulting in death, and one felony count of possessing a firearm as a convicted felon. The felony charge for killing the German shepherd puppy was dismissed by prosecutor Scott Dirks after Herbeck's defense attorney, Kelly Mattingly, filed a motion to have the charge dismissed because the dog's carcass was destroyed. The misdemeanor charge of bestiality has also been dismissed because a white substance found on Nellie's body cannot be identified as Herbeck's semen.

All this despite Herbeck's admission to these crimes!

Herbeck could receive 10 years in prison for the animal abuse charges, but Scott Dirks, assistant district attorney, told the court he would recommend a four year prison sentence and an additional six years probation. Local animal welfare groups fear Herbeck may get off on nothing but probation!

Judge Richard Werner is not bound by the plea agreement, and could sentence Herbeck to up to 10 years in prison on July 6th.

The hearing was attended by nineteen members of the Humane Society who are angry with Scott Dirks proposed sentence recommendation. Former president of the Humane Society, Nancy Hansen-Benett, thinks the sentence should be much longer than four years.

Herbeck was released on a $25,000 signature bond. He remains free on bond pending the sentencing hearing.

UPDATE:

Barry Herbeck Sentenced

On July 6, 1998 animal abuser Barry Herbeck was sentenced to twelve years in prison - two years in prison for each of the six counts he had been charged with, the longest sentence for animal cruelty in the history of the United States, according to Journal Sentinel correspondent Kathleen Ostrander, who has covered this case from the outset, and who deserves credit for taking the case to a national level. The sentence, handed down by Judge Richard Werner, surprised the hundreds of citizens who came to attend Herbeck's sentencing at the Rock County Courthouse, in support of a stiff sentence. The sentence significantly exceeded even the recommendation of District Attorney David O'Leary, who asked for a total sentence of four years.

In arguing for probation, Herbeck's attorney said his client was not violent, and should be rehabilitated in the community. He said, "I don't think you can rationally argue prison in this case. Nothing here (in his client's history) indicates a violent history." Herbeck now maintains the bestiality charge he previously confessed to was not true, said defense attorney Todd Daniel, who recommended Herbeck serve probation, time in the county jail, and receive counseling for anger management.

Judge Werner and Rock County Assistant District Attorney Scott Dirks noted that Herbeck has a 16-year criminal history including convictions for first-degree sexual assault, misdemeanor battery, felony theft, felony burglary, and been on probation four times. But Judge Richard Werner told Herbeck, "Your actions have offended the community and offended the sensibilities of the community as evidenced by the number of people here today. You have pushed this community and society beyond the limits of tolerance."

Approximately 300 people attended the sentencing. About 50 of those present represented animal rights and animal welfare groups, but the vast majority of the crowd was made up of local Janesville and Rock County residents, concerned about the threat to public safety posed by Herbeck. Judge Werner closed the courtroom after about 80 citizens were admitted, along with press personnel. The crowd outside the courtroom, numbering about 200, were dismayed that their presence would not be known in the courtroom. After several discussions with the Rock County Sheriff, it was agreed that sign-up sheets would be passed around among the crowd, and they would be carried into the courtroom by the bailiff. The judge's comments during the sentencing did acknowledge the significance of the community outrage against Herbeck's acts.

Judge Werner went on to tell Herbeck that he didn't appear remorseful - only sorry for himself. He said, "I have looked at the letters that have come in and particularly the letters from this community. This community has a threshold of acceptable behavior and your behavior passes way beyond that." The people in the courtroom burst into loud applause. Reporters were sent to cover the case as a national story.

Herbeck must serve a minimum of one third of his sentence before he can apply for parole.

UPDATE August, 2001:

Because Herbeck was sentenced before the state of Wisconsin's "truth in sentencing" provision went into effect, he was eligible for parole on July 3, 2001.

His parole was denied. He is scheduled for mandatory release in 2006.

Herbeck is in prison at the Dodge Correctional Institution in Waupun, Wisconsin.

UPDATE August 2, 2006:
Source: VINELink
Offender Record
Last Name: HERBECK
First Name: BARRY W
Custody Status: Out of Custody
Reason: Active Community Supervision Date of Birth: 07/06/1961
Race: White
Offender ID: 00109551
Gender: Male
Aliases: HERBECK, BARRY E

References:
Animal Legal Defense Fund
Animal People - June 1998, Merritt Clifton, Editor
AnimalTalk Newsletter, Dick Weavil, Editor and Publisher