GRAND RAPIDS, MI – The flea-ridden stray cat was a nuisance, getting in the garbage and even scampering into his house. So when 33-year-old Stein Samuel Nowicki saw the cat wandering around near his house, he grabbed his BB gun and felled the feline with one shot.

On Aug. 22, 2012, Nowicki threw the animal's body in the trash near his apartment at Hall Street SW and Ionia Avenue and figured his problem was over.

What Nowicki did not count on was a jury trial a year later ending in a guilty verdict on a felony charge of torturing and killing an animal, a crime punishable by as much as four years in prison.

“I was flabbergasted,” said Nowicki following his sentencing this week to probation and credit for two days time served. “I couldn’t believe the police were kicking in my door and taking me away in handcuffs over this.”

During his trial, Nowicki contended that he tried to contact the Kent County Animal Shelter and the local Humane Society and was told he could trap the animal and bring it to the shelter. He'd then be charged for the cost of the trap and a fee for surrendering the animal to county authorities.

Nowicki said the son of his live-in girlfriend has cat allergies that inflame his asthma, which led Nowicki to fire off what he said was a warning shot to scare off the cat.

Kent County Circuit Court Judge Paul Sullivan, a cat owner, said prior to the Nowicki case, he was surprised to find out that the act of shooting a cat with a BB gun could lead to a four-year felony.

Sullivan pointed out that Nowicki's shot did not immediately kill the cat. The animal was taken from the trash can by a neighbor and then euthanized by county officials.

The necropsy report introduced at trial in August indicated the bullet damaged the cat's internal organs and splintered its spine.

“This poor creature suffered a lot because of what you did to it,” Sullivan said. “For anyone who likes pets or animals, this is pretty hard to fathom.”

Related: Grand Rapids woman who killed three kittens, snapping their necks, gets jail time

Sullivan told Nowicki he did not believe the defendant shot the cat only to scare it, but he also did not believe Nowicki intended to make the cat suffer as it did.

Following the sentence, Nowicki believes he is the victim of a runaway justice system and he plans to appeal his case.

While shooting BB guns at stray animals has always been a cruel act, the change in societal views on how animals should be treated and the debate over whether pets have rights have led to changes in the way laws are enforced.

“What people do to animals is outrageous,” said Kent County Prosecutor William Forsyth.

The prosecutor has seen cases involving unspeakable acts of cruelty against animals that are clearly indicative of people who represent a threat to society.

Kent County Prosecutor William Forsyth

In February, Sullivan sentenced 56-year-old Melanie Sabrina-Roberta Jasina to 150 days in jail for killing three kittens following a domestic dispute with her daughter.

But even less extreme cases are seeing more attention from law enforcement as legislators respond to a growing sentiment in society that sees animals not merely as property, but as entities deserving of protection, according to Ginny Mikita, a Rockford attorney who specializes in law pertaining to animals and pets.

“There are cases brought forward that 20 years ago not many people would have paid attention to,” Mikita said. “That may be evidence that the times are changing.”

Curt Benson is a lawyer and professor at Cooley Law School in Grand Rapids, which has its own Animal Law Society which is described as “dedicated to providing a forum for education and advocacy aimed at protecting the lives and advancing the interests of animals through the legal system, in addition to raising the profile of the field of animal law.”

Benson said until the mid-1990s, most animal cruelty laws were misdemeanors until legislative initiatives pushed the crimes to felony status.

“There’s no question this is a societal change,” Benson said.

Benson said animals are still technically property, but pets are also becoming something of a protected class, which raises numerous issues never addressed in constitutional law at the state or federal level.

Curt Benson

Ginny Mikita and Kadie

“Our society values animals in such contradictory ways,” Mikita said. “Why is one animal dinner and another sleeping in bed with us?”

Benson said the animal rights movement could mean sweeping changes in the way animals are viewed by the law that could ripple out to include hunters and sportsmen.

“If we give ‘Fido’ rights, does that mean the six-point buck in my sights has a ‘right to life?’” Benson said. “You could say it is based on sound scientific grounds or because we have a generation raised on Walt Disney and think of animals as little people.”

Forsyth said the laws regarding animals have some added relevance in law enforcement based on the idea that people who abuse, torture and kill animals can then move on to human victims.

Hadley is pictured inside Sarah Uzarski's apartment Thursday, December 1, 2011. Hadley was brought back to health by the Humane Society of West Michigan after it was doused with gasoline and set on fire in 2009. (Cory Morse | The Grand Rapids Press)

The prosecutor said he also sees the passion with which people regard their pets.

“I get more calls on what people do to their animals then what they do to their children,” Forsyth said. “The idea that the public gets more outraged about a pet than a child’s death is interesting.”

One case supporting the prosecutor’s claim is a cat named “Hadley," who was turned over to the Kent County Humane Society after the animal was set on fire in 2009.

Numerous news reports resulted in donations that poured in to cover the thousands of dollars in medical bills and resulted in the cat being the subject of a children's book and a Facebook page that is still active and boasts more than 1,400 friends.

The perpetrator of that crime was never found, despite a $3,000 reward being offered for information leading to a conviction.

Related: Hadley, cat who was set on fire, is now subject of children's book

Mikita says the reason people may become more outraged is the perception that animals are not protected.

“There are mechanisms in place to protect children that are not there for animals,” Mikita said.

Mikita, a vegan, says she believes there is more that needs to be done both legislatively and, more importantly, educationally, to protect all animals, not just pets.

Forsyth said he believes there are enough laws and penalties in place.

But on Wednesday, Nov. 13, the Michigan Senate passed a bill that would create three levels of animal torture and killing.

First degree would involve the intentional killing or torture of a companion animal and carry a potential maximum of 10 years behind bars. Second degree would involve either an intentional act or an unintentional act involving a companion animal and would carry a maximum sentence of seven years in prison. Third degree would be an unintentional act against a non-companion animal and carry a four-year maximum.

The legislation passed unanimously in the Senate and now moves to the State House for consideration. It would have to be signed by Gov. Rick Snyder before taking effect.

“I don’t think the general public is paying much attention to the changes in animal laws,” Benson said. “It really is a profound move.”

Related: Michigan Senate approves tougher penalties for animal neglect, torture or killing

E-mail Barton Deiters: bdeiters@mlive.com and follow him on Twitter at twitter.com/GRPBarton or Facebook at facebook.com/bartondeiters.5