The 37-year-old Muncie man — standing trial this week on 26 charges stemming from a March raid at a northeastside mobile home where authorities allege he had set up a dog-fighting training facility — took exception to a comment made by a prosecution witness.
Phil Peckinpaugh, superintendent of the Muncie Animal Shelter, was being questioned by defense attorney Mike Quirk about his decision to have 11 of the 25 pit bulls seized from Johnson’s property euthanized.
Peckinpaugh noted those dogs’ aggression toward other animals, and the difficulty in finding new homes for canines removed “from a dog-fighting ring.”
“A dog-fighting ring!” Johnson shouted from the defense table. “Where’s the dog-fighting ring?”
Quirk told jurors in his opening remarks Monday there was no evidence “whatsoever” that his client was a participant in dog fighting. He maintained Johnson instead enjoyed entering his canines in weight-pulling competitions.
Witnesses called to the stand this week by Deputy Prosecutor Joe Orick, including three veterinarians, have discussed finding bite wounds and scars — in some cases, several of each — on 17 of Johnson’s dogs.
Peckinpaugh said Wednesday the dogs were “in very bad shape” at the time of the March 29 raid.
The animals — held in crates or cages, or on chains — had no access to food or water when authorities arrived, he said.
He also said the pit bulls were “very fearful.”
“They were very dog-aggressive,” he added. “It was sad.”
Quirk objected to Peckinpaugh’s use of the word “sad.”
The animal shelter superintendent said the heavy chains used to restrain dogs kept in the property’s backyard were “the type you would use to tow a car, or to tow a boat.”
“It seemed excessive,” he added.
That prompted Quirk to produce a photo that appeared on the front page of The Star Press the day after the raid, showing one of the chained pit bulls leaping high in the air.
Peckinpaugh acknowledged the chain hadn’t kept the canine — identified in court as Dog Nine, since euthanized — from jumping, but maintained it was “not what I would put on my dog.”
That remark prompted Johnson to shake his head and look at the courtroom ceiling.
His later angry retort to Peckinpaugh’s testimony came a week after Johnson briefly disrupted a pre-trial hearing as Peckinpaugh testified, telling the witness, “You’re lying!”
While on the stand Wednesday, Peckinpaugh discussed temperament tests administered to the 25 seized dogs, a factor in his decision to euthanize some of the canines.
“(Some) dogs started showing severe signs of dog-aggressive behavior,” he said, describing an incident that saw one of the pit bulls escape from its pen at the animal shelter and kill a smaller dog.
“I run a municipal shelter,” Peckinpaugh said. “We do euthanize. It’s very emotional. It’s very sad when it happens. ... I never take the decision lightly.”
Johnson might get an opportunity to tell his side of the story today. Orick is expected to complete the state’s case this morning, and Quirk has indicated he intends to call his client to the stand.
Delaware Circuit Court 1 Judge Marianne Vorhees told jurors they would likely be given the case for deliberations on Friday, presumably after hearing final arguments from the attorneys.
(Star Press - Oct 31, 2012)
