BOULDER - Abby Toll cried as she told a judge she was sorry for
taping an 11-pound Shiba Inu to a boyfriend's refrigerator.
Minutes later, a Boulder judge sentenced 21-year-old Toll to 30
days in jail and three years of probation.
It was less than the 90 days prosecutors had sought, but more
than her defense attorney felt was appropriate.
Judge Maria Berkenkotter called Toll's actions "bizarre,
senseless and cruel" before sentencing the former University of
Colorado student to jail.
"This wasn't an act that occurred in a flash," she said. "Ms.
Toll had to have thought it through."
Boulder investigators believe Toll bound the little dog's snout
and legs before using packing tape to tie "Rex" upside down on her
then-boyfriend's fridge in April of last year. Earlier this year, a
Boulder jury found Toll guilty of aggravated animal cruelty.
Technically Toll faced up to 18 months in jail, but the judge
decided that wasn't appropriate considering, at least in part, that
Toll had no previous criminal history.
Prosecutors had sought to bring "Rex" into the courtroom for
Friday's sentencing hearing. The judge denied the request.
Toll's defense argued at Friday's sentencing hearing that Toll
was the victim of an abusive relationship.
Joshua Maximon told the judge that Toll's boyfriend had been
"predatory" and involved in "stalking" like behavior.
"This night was completely out of character [for Toll]," Maximon
said. "She's a good person."
Prosecutors countered saying that Toll's boyfriend could not
have led her to tape the dog the way she did.
"I think that it's very unfortunate that [Toll] continues to
minimize her responsibility," Boulder prosecutor Lisa Pearson said.
"She just does not grasp the gravity of what she did."
Toll appeared shaken in front of the judge.
"There has not been one day that I haven't thought of Rex and
the pain he went though," Toll
"This night was completely out of character [for Toll]," Maximon
said. "She's a good person."
Prosecutors countered saying that Toll's boyfriend could not
have led her to tape the dog the way she did.
"I think that it's very unfortunate that [Toll] continues to
minimize her responsibility," Boulder prosecutor Lisa Pearson said.
"She just does not grasp the gravity of what she did."
Toll appeared shaken in front of the judge.
"There has not been one day that I haven't thought of Rex and
the pain he went though," Toll explained to the judge. "It's now my
duty to prove to society that I am not the monster they claim me to
be." explained to the judge. "It's now my duty to prove to society
that I am not the monster they claim me to be."
Toll's mother explained that her daughter actually grew up
loving animals.
"Her history with animals is extraordinary," Sherry Toll said.
"Her real true love are dogs," she added as she held up a collage
of images of Abby Toll and various animals.
Rex is now known as "Yoshi." Yoshi's new owner attended Friday's
sentencing hearing as well.
"Sadness is what I feel for [Toll]. What she did was
reprehensible. It's terrible and to think that she chose to do
this, that she did this to herself, it's depressing," Shannon Park
said.
Toll was quiet when she was led away from the courtroom in
handcuffs. She now lives in Chicago and will serve her probation
there.
