In the appeal, Roger Pitcher, 49, tried to argue that his attorney failed to adequately defend him during trial.
Pitcher was convicted in 2010 for kicking a neighbor’s dog in the 1800 block of Bunting Avenue, an incident observed by several witnesses.
When asked to stop by the dog’s owner, he “grabbed the dog by its tether and slammed it into the ground twice from above his head,” according to the ruling, which added that Pitcher later made threatening statements and pointed a gun at the dog’s owner.
He was found guilty of felony menacing, cruelty to animals, driving with a restrained license and four habitual criminal counts. Pitcher was on parole at the time of the incident.
In 2013, Pitcher lost an appeal challenging his conviction and sentence, trying to argue that the court erred when it allowed the jury to see the dog, a 5-pound, 6-inch-high Chihuahua named Shila.
A three-judge panel of the court ruled Thursday that Pitcher failed to show how his attorney provided ineffective assistance.
“Defendant contends that the court erred in summarily denying his motion for post conviction relief on claims that his trial counsel was ineffective for failing to, (1) adequately highlight to the jury inconsistencies in the victim’s testimony, (2) elicit testimony from a witness regarding alleged threats made by police to influence the witness’ testimony, and (3) adequately prepare for a witness that was not disclosed before trial,” Judge Daniel Dailey wrote in the opinion, which was joined by Judges Laurie Booras and Anthony Navarro. “We are not persuaded.”
Pitcher currently is serving his sentence at Crowley County Correctional Facility. His next parole hearing is scheduled for October 2016. He has a mandatory release date of October 2020, according to the Colorado Department of Corrections.
(Daily Sentinel - Oct 30, 2015)
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