Wednesday, May 4, 2011

Lacombe man pleads guilty to animal cruelty of dog that died from malnourishment

LOUISIANA -- A Lacombe man accused of causing a dog's death by failing to properly feed or hydrate the pet has pleaded guilty to a felony animal cruelty charge.

Christopher M. Davis, 27, received a suspended two-year prison sentence and three years of probation after entering his plea Monday in front of state Judge William "Rusty" Knight in Covington. He must also undergo regular evaluations; pay a supervision fee; serve 20 eight-hour days of community service at the parish animal shelter; and cannot own a pet throughout his probation period.

Prosecutors charged Davis with neglecting a Catahoula dog in his care from March to December 2010.

An Animal Control Services officer investigating a complaint first found the dog poorly-nourished and chained to a tree near Davis' residence without food or water. They issued Davis a civil citation for violating a parish ordinance prohibiting animal cruelty, said District Attorney's Office spokesman Rick Wood.

Animal Control returned a second time "due to the seriousness of the abuse," and the agency alleged that the Catahoula's condition had not improved. On Dec. 3, it took custody of the dog and notified the Sheriff's Office. Deputies booked Davis with aggravated cruelty to an animal, which carries a sentence of up to 10 years in prison and a fine of $25,000.

The dog eventually died, and the results of a necropsy blamed malnourishment, Wood said.

Davis could not be reached for comment Tuesday. He had never previously been convicted of a felony and denied the allegations. However, he pleaded guilty to avoid a possible prison sentence if his trial ended unfavorably for him, said his lawyer, Guy D'Antonio II, a former assistant district attorney for the parish.

The outcome of a recent high-profile animal cruelty case involving several men who stole a newborn calf from a Folsom-area farm and beat it to death after a night of drinking in 2009 helped D'Antonio and his client reach their decision. Three of the defendants got probation after pleading guilty, but the one who pummeled the calf with a shovel until it died received a five-year prison sentence.

"The risk was not worth it," D'Antonio said. "This lets him go on with his life."

D'Antonio on Tuesday also contended that the Catahoula was ill, and its original owners wanted to shoot it in the head. But Davis intervened and convinced the owners to let him nurse the dog back into recovery.

The dog was only malnourished with Davis because it apparently suffered from a "systemic condition" that hurt its health, D'Antonio argued. When things did not improve, his client hesitated to alert Animal Control because he feared the agency would euthanize the creature due to its state.

"This is a classic case of, 'No good deed goes unpunished,'" D'Antonio said.

Animal Control did not return a request for comment Tuesday, but Davis ignored other viable courses of action, Louisiana SPCA spokeswoman Katherine LeBlanc said.

He may have found the pet help simply by contacting the St. Tammany Humane Society or the St. Francisville Animal Sanctuary. Animal Rescue New Orleans, the SPCA and shelters that vow not to euthanize animals only to create space at their facilities are all nearby, too.

"There's always other options," she said.

(The Times-Picayune - May 3, 2011)