Wednesday, October 26, 2016

California: Prosecutors wanted Anthony Clendenin, 53, and son Samuel Clendenin, 26, sent to prison for four years. Judge Donald E. Shaver. felt sorry for them and said no.

CALIFORNIA -- A Merced father and son convicted of beating a dog to death in their backyard avoided prison time Thursday and received 10-month jail terms.

Anthony Clendenin, 53, and son Samuel Clendenin, 26, were convicted of animal cruelty Aug. 4 by a Merced Superior Court jury following a trial before Judge Donald E. Shaver.

The men killed their neighbor’s 2-year-old German shepherd, Kuma, in the backyard of their home on Massasso Court on Jan. 16, 2015 BY BEATING IT TO DEATH WITH A BASEBALL BAT.

An appeal is expected.


The case was investigated by the Merced Police Department, led by Officer Joseph Opinski.

Shaver on Thursday rejected an argument from prosecutors requesting that both men spend time in state prison.


Citing their lack of any 'significant' prior criminal history, Judge Donald E. Shaver ordered the two to serve 10 months in the Merced County jail. Both also will spend three years on felony probation, authorities confirmed.

And like the Stanford rapist Brock Turner, they'll probably only do about 3 months of those 10 months...


Each man could have been sentenced to a maximum of four years in state prison, the Merced County District Attorney’s Office said previously.

Tom Min, the deputy district attorney who prosecuted the case, said he was “disappointed” with the sentence handed down by Judge Donald E. Shaver Thursday.

“There was shocking brutality displayed by these two people,” Min said in a telephone interview. “This was an attack on a retreating family pet that was captured on video and this violence was completely unwarranted.”


Defense attorney Bill Davis represented Anthony Clendenin during the trial. Davis on Thursday said he felt the sentence was “appropriate.”

“There’s no question the jury found them guilty of a serious crime and people are very emotional about dogs,” Davis told the Sun-Star. “But, the fact remains it was property and the dog was in his backyard.”


Davis also noted his 53-year-old client has “no 'significant' prior criminal record.”

Notice they keep saying "significant"... means he's been jailed before.

Footage from a surveillance camera showed the dog, who belonged to the Clendenins’ next-door neighbor, running to a corner of the Clendenins’ backyard fence. The Clendenins are shown following after the dog, armed with a baseball bat and a large wooden stake. Prosecutors said the video showed Samuel Clendenin standing on top of the animal while his father beat the dog’s head with the stake.


Both men have consistently maintained they were defending themselves and their home from a dog they described as large and vicious that came onto their property. They said the dog bit the younger Clendenin’s shoe, though prosecutors said there was no evidence supporting that claim.

They also have blamed the incident on the dog’s owner, 22-year-old Kimberly Saesee, who they say should have done more to prevent her pet from crossing onto their property.

 

Outside the courtroom, Kuma's supporters held justice for Kuma signs as the Clendenins walked out of the courthouse. Deanna Clendenin (wife of POS Tony and mother of devil spawn Samuel) said the past 18 months have been difficult for the family, and this was not the outcome they were expecting. She said all the accusations against her husband and son have been lies, and this is a huge privacy issue.

"It's nerve-wracking, especially when we have animals we were protecting. We were protecting our family and our property and our animals too. It was in our backyard."


The Clendenins were ordered to report Sept. 29 to the Merced County jail to begin their sentences.

ARREST INFO:
Full Name: Samuel Coffee Clendenin
Gender: Male
Birthdate: 07/09/1990
City: Merced, California
Height: 6'01"
Weight: 185 lbs
Arrest Age:26
Agency: Merced County, California
Date:09/29/2016
Charges
#1 CRUELTY TO ANIMALS
NOTES: SENTENCED

Full Name: Tony Mark Clendenin
Gender: Male
Birthdate: 12/28/1962
City: Merced, California
Height: 5'09"
Weight: 150 lbs
Date:09/29/2016
Charges
#1 CRUELTY TO ANIMALS
NOTES: SENTENCED

(Merced Sun Star - Sept 1, 2016)

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