Judge Debra Jones sentenced David Mogil to the maximum penalty of 10 years with a split sentence.
Mogil will go free Wednesday after serving 223 days in jail. He will serve the remaining 142 days and nine years under supervised probation, Jones said during the hearing.
Terms of his probation include random testing for alcohol and drugs, completion of an anger management course, attendance at Alcoholics Anonymous meetings twice a week, meetings with a mentor at least once a week, and 100 hours of community service.
Mogil’s attorney, Bill Broome, called nine character witnesses to the stand during the two-and-a-half hour hearing. They all spoke on his willingness to repent for his actions and how his attitude reflects that in conversations with Mogil.
Mogil was convicted of beating his ex-fiance’s dog with a rubber hose in November at his apartment above his Noble Street restaurant, Damn Yankees. Accounts of the incident from witnesses say the dog jumped from the balcony of Mogil’s apartment.
During a jury trial Aug. 6, Gadsden veterinarian Ginger Bailey testified the dog showed no sign of serious injury soon after the incident. Mogil was convicted Aug. 7.
During the hearing Tuesday, Mogil spoke on his actions, prompted by the judge’s statement that she had not heard him express remorse over the incident for which he was found guilty.
“I was screaming, I was hollering, and I spanked the dog,” he said. “I did that. I obviously scared it, and I take responsibility for those actions.”
Should Mogil violate any terms of his probation he will be sent to prison, Jones said during the hearing.
Mogil is currently awaiting a court date for an unrelated felony second-degree assault charge.
(Anniston Star - Sept 2, 2015)
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