Judge Gary G. Leasure found Preston guilty of the misdemeanor charges which will be merged into five counts for purposes of sentencing. The verdict came at the end of the judge’s detailed summary of the testimony and evidence presented in the case.
The judge order a presentencing investigation by the Department of Parole and Probation. Such investigations typically take up to eight weeks to complete.
Preston, 29, now faces a combined maximum penalty of 450 days imprisonment and fines of up to $5,000. Each of the five charges at sentencing carries a maximum penalty of 90 days in jail and a fine of up to $1,000.
He remains free on bond, pending sentencing in circuit court by Leasure.
The verdict was rendered by Leasure after several hours of testimony that included a number of witnesses called by Assistant State’s Attorney Sam Lane and defense attorney Stephen R. Tully.
Testifying in his own behalf, Preston said, “If I could take it back, I would.”
“I feel like there was more I could have done,” said Preston, who explained that life circumstances overwhelmed him in the time period up to last Aug. 14 when nine dead dogs were discovered in his house at 14707 McGill Drive in the Bel Air subdivision along with three live dogs that were rushed to emergency veterinary care. The rescued dogs were suffering from dehydration, starvation and anemia due to flea infestation.
Officials testified they found no food or water bowls in the residence when it was entered Aug 14.
Animal control officers and a deputy entered the residence two days after it was posted for Preston to make contact with authorities. Neighbors’ complaints of barking dogs and odors of feces and urine prompted the action that led to Preston’s arrest.
Financial difficulties, a marital separation and other matters factored in the situation, according to Preston. He said he lacked money to provide for veterinary care for the dogs that he believed were ill and unable to take in food and water.
“It just got to the point I physically gave up,” he said adding that he was also affected by depression. Preston also said that he “adored” dogs and had dogs all his life since he was a child or infant.
Preston also testified that he had tried in various ways to get individuals or the animal shelter to take his dogs but without success. He said he also had contacted Mineral County in an attempt to get the dogs placed.
However, photographic exhibits of the poor conditions of the Preston residence and the dogs depicted the unhealthy living environment to which the canines were subjected.
Water was shut off to the residence in July but electrical service was not disrupted.
Preston’s wife, Rachel Preston (also spelled Rachael Preston), testified that she and Christopher were married in 2007 and moved to McGill Drive in 2008.
“We had three (dogs) starting out in 2008 and gradually it went up to 12 dogs,” she said. She testified that she and her husband were both employed at the time and routinely provided veterinary care for all of the dogs.
More than two dozen people attended the daylong trial that concluded with the verdict issued just before 3 p.m.
(Times News - Dec 9, 2014)
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