Zachary Michael Ralston received a 40-day sentence in the Lane County Jail on Wednesday — 30 days for aggravated animal abuse and 10 days for possession of heroin and methamphetamine.
According to court records, Ralston was ordered to be on supervised probation for three years, receive drug treatment and pay a $5,000 fine. He also is prohibited from owning an animal for five years.
Public concern about Ralston’s sentence, however, prompted a response Wednesday from Lane County District Attorney Patty Perlow, who said she had received an unspecified number of citizen complaints.
Chief Deputy District Attorney Erik Hasselman said later that the office received only “a handful” of calls, including some from residents who said they are pleased that authorities are taking animal abuse seriously.
Perlow said Ralston’s sentence is fitting, given the state’s sentencing guidelines, because Ralston does not have a criminal history. However, Perlow added that she isn’t pleased with the sentence.
“I’m as unhappy as you that animals are valued so little in our criminal justice system,” Perlow said in her statement, which she released via Twitter and Facebook (see bottom of article for complete statement).
Earl — a tiny red, terrier-type dog thought to be approximately 12 to 18 months old, is in the care of a foster family, recovering from a traumatic brain injury and other health issues.
The injured dog was found struggling to breathe and with an abnormally low heart rate at about 1 a.m. April 25 after a mall security guard called police to report a man in a red Ford Mustang choking, kicking, punching and throwing a dog.
The dog was rushed to the Emergency Veterinary Hospital in Springfield, where he remained for four days before being placed in foster care.
Ralston told police that Earl was not his dog, that he was watching him for a friend. That friend later was identified as Jordan Woody. According to jail records, Woody was arrested and booked into the Lane County Jail on theft charges just a few days after the attack.
Earlier this month, authorities posted a legal advertisement in The Register-Guard giving Woody three weeks to come forward and claim the animal or forfeit ownership of the dog forever, opening up the possibility for the dog to be adopted.
A hearing is scheduled for 9:30 a.m. June 7 in Lane County Circuit Court to review what the next step will be for authorities if Woody hasn’t come forward by then.
(Register Guard - May 20, 2016)
Statement from Lane County District Attorney Patty Perlow:
"Hello. I know many of you are now seeing the sentencing of Zachary Ralston for his guilty plea for the beating of Earl the dog. I want to respond both to the individuals who have already contacted me, and to those who will certainly want to express their concern over Mr. Ralston's sentence.
"I'm as unhappy as you that animals are valued so little in our criminal justice system. The defendant plead guilty to aggravated animal abuse and possession of heroin (the charges as filed). Aggravated animal abuse is a level 6 crime under the sentencing guidelines established by the Oregon Criminal Justice Commission.
"The defendant had no prior criminal history which means the sentence imposed was as directed by the CJC, 36 months of supervised probation and 30 days jail (plus 10 for the heroin, per the guidelines). He was also ordered not to possess animals for 5 years, drug treatment per his probation officer's direction and a $5,000 fine.
"This used to be the kind of sentence imposed for assaulting children, and outraged citizens changed that. While I am certainly an advocate for strengthening animal abuse and cruelty laws that will have a strong deterrent effect, it is an issue in which we all need to be involved, and not just within our local community. The good news, however, is twofold; the story is already raising awareness, and Earl is recovering very well." - Patty Perlow
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