Leuthold held a probable cause hearing in Crawford County Municipal Court last week in the case of the Humane Society vs Carl James Hardymon, during which the judge found there was cause to hold a female beagle-mix. Wednesday served as the final deposition where the Humane Society held the burden of proof. The civil case involved the undernourished female beagle-mix and a deceased beagle found at a home on Ridgeton-Annapolis Road.
The Humane Society received an anonymous complaint on Feb. 1 concerning two dogs tied in an open garage. The caller believed one dog to be very thin while the other appeared to be dead, testified humane agent Tami Rike.
“It looked like it hadn’t eaten in quite some time,” Rike said as she described seeing the dog’s spine, ribs, and hip bones.
The other dog, Rike said, was not moving and was still chained to the garage wall. She found it deceased and burrowed among two car seats.
“It appeared to be dead for quite some time,” Rike testified.
Rike took control of the malnourished dog and posted a seizure notice on the wall of the garage. She left another notice at the next door home, which was owned by the same family. The beagle-mix was taken to the Humane Society where it was determined to be between two and three years old and weighed 20 pounds. Rike said a dog of that type and age should have weighed around 40 pounds.
Rike received a call from Hardymon later that day asking why the dog was seized. Hardymon said the deceased dog, which lived outside, froze to death, Rike testified.
“Dogs are smart. They can burrow themselves down in the snow to save themselves,” Rike argued in court Wednesday. She added that the dog was not exposed to the elements and was not frozen to the furniture it had burrowed in.
Upon questioning by assistant county prosecutor Rob Kidd, Rike said Hardymon’s story concerning how the second dog had died had changed from when he first contacted her to last week’s probable cause hearing. She said Hardymon mentioned not having the funds to feed the animal and that the automatic feeder emptied.
Hardymon took it upon himself to cross-examine Rike. He hit upon items such as if Rike saw the automatic feeder, how long the chain was, and whether the dog actually did have the ability to reach the feeder or its bowls.
“How long after you seized the dog did you receive a phone call?” Hardymon asked.
In his redirect, Kidd focused on the physical evidence that Rike did find, including the 20-pound difference between what the dog should weigh and what it did weigh. Since the seizure, Rike said, the dog had been fed two meals a day and had gained almost five pounds.
Rike also added that the chain was taut around the dog’s neck and the length allowed very little freedom of movement.
Hardymon originally intended to take the stand to testify on his own behalf, but chose not to when Leuthold informed him of the potential criminal charges that could be brought against him.
“The beagle-mix was severely undernourished when Tami Rike found her,” Kidd said in his closing arguments. “Even if Mr. Hardymon was going out every single day to check on the animals, one dog is still dead.”
Kidd added there was no possible way for the dog to reach the automatic feeder, which was located on the back porch, due to the chain being tangled among debris.
“We know that dog was in need based on the physical evidence Tami Rike observed,” Kidd concluded. “That’s not a healthy dog.”
Hardymon countered in his closing argument that the humane agent was not sure if anyone had checked on the dogs and that the photos submitted as evidence showed that dog was able to walk around and reach the bowls.
“I don’t believe that you simply abandoned these animals,” Leuthold said.
He also did not believe the deceased dog froze to death, either. Leuthold noted that the dog was not directly exposed to the elements, but there were also no signs of frozen water to indicate freezing temperatures in the garage.
“The pictures do speak for themselves,” Leuthold said. “The dog clearly from the pictures is way too skinny . . . All I can do is look at the pictures, know what the dog weighed and what it should have weighed.”
Leuthold determined that Hardymon did not intentionally starve the animals, but did it negligently. He found in favor of the Humane Society and ordered the female beagle-mix to be given to the permanent care of the agency.
“Going forward when dealing with animals, this is a life lesson learned,” Leuthold said. He recommended that Hardymon have a backup plan in place next time if he cannot provide proper care.
CARL JAMES HARDYMON
Race: White
Gender: Male
Birthdate: 03/15/1990
3489 RIDGETON RD
BUCYRUS, OH 44820
(Crawford County Now - June 2, 2016)
Updates:
- Ohio: Judge Shane Leuthold could have sentenced Carl Hardymon to 90 days in jail for starving his dogs to death, but he didn't
- Ohio: Further proof that animal abusers also abuse humans. Carl Hardymon starved his Beagle to death - now he's been arrested for domestic violence
