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)

Earlier:

• California: Merced father and son Samuel Clendenin arrested in alleged dog beating
• California: Dozens protest animal abuse after Merced dog attacked and killed with machetes
• California: Tony Clendenin, 53, and son Samuel Clendenin, 26, found GUILTY of beating dog to death

California: Tony Clendenin, 53, and son Samuel Clendenin, 26, found GUILTY of beating dog to death

CALIFORNIA -- After deliberating for a little more than two hours Thursday, a Merced County jury convicted a father and son of animal cruelty for beating their neighbor’s dog to death with a baseball bat and wooden stake.

Anthony Clendenin, 53, and son Samuel Coffee Clendenin, 26, were found guilty of animal cruelty for killing a 2-year-old German shepherd, Kuma, in the backyard of their home on Massasso Court the evening of Jan. 16, 2015.

Kimberly Saesee, the dog’s owner, said the verdict was “a big relief.”

“We walked inside and we were just ecstatic,” Saesee said.

Both defendants face up to four years in state prison. Their sentencing hearing is scheduled for Sept. 1.

“I’d just like to thank the family for their strength,” Deputy Distict Attorney Tom Min said. “Let’s try to heal now.” Min praised the investigation conducted by Officer Joseph Opinski and the Merced Police Department.

Surveillance camera footage of the incident showed the dog running to a corner of the fence and then the Clendenins following behind, armed with a wooden stake and baseball bat. Prosecutors said the end of the video shows the younger Clendenin standing on top of the dog while his father repeatedly clubs the dog in the head with the stake.

Defense attorneys said they were disappointed with the verdict and believed the jurors made an “emotional” ruling rather than a ruling based on law.

Defense attorney Bill Davis, who represented the elder Clendenin, said his client was defending his family.

“Certainly (emotions) played a role, I think,” Davis told the Sun-Star. “The emotional response to the video and to someone’s pet being killed made it difficult to get across the powerlessness of a homeowner confronted in his own backyard by a large and potentially dangerous animal.”

The Clendenins, from the beginning, have CLAIMED they were defending themselves. They say the dog got into their backyard and bit the younger Clendenin’s shoe and they killed the dog to protect their family. They have said the dog’s owners should have done more to keep the dog off their property.

Prosecutors have said there was no evidence Samuel Clendenin was bitten by the dog.

Todd McLean, the deputy public defender representing Samuel Clendenin, said the defendants plan to appeal the verdict.

“They did what they thought they had to do to protect their family,” McLean said in a telephone interview. “No one wishes any harm to pets or wants to them to pass away. But it seems that we as humans seem to treat pets better than we do people.”

McLean also said the video was powerfully persuasive for jurors, but that it didn’t tell the whole story. “We only got to see the last half of the incident, we didn’t get to see the whole incident, we didn’t get to see the dog coming into the backyard,” he noted.

Min, however, argued against self-defense claims, noting the animal was seen running away before it was cornered and killed.

“Kuma was in full retreat mode,” Min said.

During his closing arguments Thursday, he showed the jury a picture of Kuma lying on the ground in a pool of blood and said beating a dog to death was not reasonable force.

Min said both men could have gone inside, called the police, opened the gate to let Kuma out or told the owner. Instead, Min said, the Clendenins spent two minutes discussing what they were going to do and then killed the animal.

Saesee, 22, thanked the community for their support during the trial. She said the supporters who came to the trial ended up being like family to her.

Saesee said she misses watching Kuma play and that he was like a family member.

“Now is our time where we can relax,” she said, “and be a little more at peace.”

Deanna Clendenin thinks God is on their side (she's wrong)

Deanna Clendenin looking for justice.
August 3 ·
Well Day6, and here we go again, but this time the lynch mob is here, everybody that was in the restraining orders hearing is here to see or testify against us, even the chief D.A. is here looky loo, Please Lord give my husband & son the strength today to stand up and look evil in the eyes, and be able to listen to all the lies & accusations that the evildoers have created against this family of ours over the last 3 years. Your ears are in there with us Lord, and we know your justice will prevail,..God Will Prevail Over EVIL!!!

Mary Rogers: Are we walking into the enemy's camp laying our weapons down shedding our armor as we go leaving them on the ground. We'd gotta be strong in the power of His Might, prove to the enemy, WE ARE THE ARMY OF THE LORD AND WE'VE WON THE VICTORY!

Mary Rogers: Father, Abba! Keep your hand on this family. Help the judge and jury to see the lies. Give these men courage, make them fearless, help them to be silent when needed, but help them to speak when needed. Steady them. In Jesus Name amen.

 

 

(Merced Sun Star - Aug 4, 2016)

Earlier:

• California: Merced father and son Samuel Clendenin arrested in alleged dog beating
• California: Dozens protest animal abuse after Merced dog attacked and killed with machetes

Missouri: Jimmie Evans cited by city after allegedly stabbing dog and shooting it with pellet gun

MISSOURI -- A Kansas City, Mo., man was cited by the city Wednesday after he was accused of stabbing his neighbor’s dog and shooting it with a pellet gun while children were playing nearby.

Jimmie Evans, 80, was cited on suspicion of misdemeanor animal abuse following an animal control investigation.

A complaint filed with animal control states on April 1 Evans stabbed Nizmo the dog with a stake and shot him with a pellet gun.

The dog’s belly opened up and bled profusely. The wound required eight inches of stitches to close up, said Jan Ballard, whose name appears on the complaint.

Ballard is the mother of Ashley Macken, the woman whose family owns the 7-year-old puggle breed dog.

Nizmo lost half of his stomach and suffered a lacerated spleen that had to be stitched back together, Ballard said. The dog is expected to recover.

Ballard said the veterinarian told the family the examination revealed Nizmo had also previously been shot with a pellet gun and stabbed at some point. The family’s other dog also showed signs of past trauma from an unknown stabbing, the veterinarian said.

A police narrative report states Evans admitted to shooting Nizmo and jabbing at him with a stake because the dog was barking and scratching at a shared fence. A six-foot tall privacy fence separates the yards.

 

Kansas City police said they are not involved in the investigation; they deferred it to animal control officers.

Ballard said Nizmo and the other family's dog are brought inside each night. Ballard also said Evans had never complained about the dog before to the family.

Evans could not be reached Wednesday night for comment.

Macken said she cannot comment on the situation, as her family has hired legal counsel and is considering a lawsuit.

(KSHB - April 15, 2015)

California: Merced father Tony Clendenin and son Samuel Clendenin arrested in alleged dog beating

CALIFORNIA -- Two men were arrested Friday evening on suspicion of beating a neighbor’s German Shepherd to death, according to Merced police.

One of the suspects, however, claims the dog was killed after the animal attacked him on his family’s property.

The incident, which was captured on a surveillance camera, was reported at 8:16 p.m. in the 1500 block of Massasso Court.

When officers were responding to the call, they initially believed someone had been bitten.

Officers arrived and spoke with the suspects, who said Samuel Clendenin, 24, was bitten by their neighbor’s dog. When the officers asked where the dog was, the suspects said they killed it in self-defense, according to a Merced police press release.

  

During the investigation, police spoke with the dog’s owner and family, and learned the incident was captured on video from the family’s home camera system.

Officers observed the video, and determined the suspects gave inconsistent and conflicting statements. Police believe the incident was animal cruelty, and the suspects “maliciously and intentionally” killed the dog, according to the release.

Suspects Anthony Clendenin, 52, and his son Samuel Clendenin, 24, from Merced, were arrested and booked into the Merced County Jail on suspicion of animal cruelty and conspiracy to commit a crime. The pair were each held on $10,000 bail, and were released after posting bail late Friday.

Kimberly Saesee, the owner of the dog, posted the video of the alleged incident on her Facebook account. The video quickly spread over social media.

Although police believe the dog’s killing was malicious, the suspects gave a different story to local media.

Samuel Clendenin told an ABC 30 reporter that the dog entered his family’s backyard and lunged at his face. Samuel Clendenin said they got the dog into a corner, and he stood on top of the dog, trying to gain control.

During the television interview, Samuel Clendenin said he "feared" the dog would charge if he removed his foot, and his father used a baseball bat on the animal.

Merced police said the case is ongoing, and they’re being assisted by the city’s Animal Control Division.

Merced police are asking anyone with information about the case to call Animal Control Officer Kim Herzog at (209) 385-6912, or the department’s automated tipline at (209) 385-4725. The public can send information via anonymous text messages to police department by dialing “TIP411” (847411) and including the word “Comvip” as the “keyword” in the text message.

(Merced Sun-Star - Jan 16, 2015)

Iowa: Woman says repairman beat her small Poodle mix; prosecutors refuse to file animal cruelty charges

IOWA -- A woman is struggling to make her case that a workman beat her dog.

Peggy Babcock told KETV-TV that she kenneled her dog, Jack, before she left the house Nov. 1.

She later received a phone call from the repairman her landlord had hired saying that the job was done, but she had to come home.

“He says, 'Ma’am, I have to apologize. I’m really worried about your dog,’” Babcock said.

Babcock said the man told her the 22-pound poodle mix attacked him, so he hit the it with a stake.

Jack was bloodied and beaten when Babcock returned home.

“He left him there to die,” Babcock said.

Babcock filed a report with the Omaha Police Department, but authorities said charging the workman with animal cruelty charges would be nearly impossible to prosecute.

Mark Langan with the Nebraska Humane Society said there wasn't enough probable cause for a felony or misdemeanor animal cruelty charge because the workman said it was self-defense.

“The only witness to that incident is the suspect himself, who indicates he was defending himself. It would have been tough for us to go to court and prove otherwise,” Langan said.

Omaha police are seeking a destruction of property offense, but the County Attorney's Office has yet to sign off on it.

Jack is left without an eye, but he will be fine.

Babcock said she won't be fine until the hired workman is held accountable.

“He's evil, and I think he needs to go to jail. I think he needs to be charged,” Babcock said.

(KCCI - Nov 29, 2012)