OKLAHOMA -- A Claremore man Tuesday was fined $500 on a cruelty to animal charge stemming from the ill-fated June 1987 Catoosa Days endurance horse race.
Associate District Judge Edwin Carden followed a trial jury's recommendation in fining Marty Douglas Bates, 23, of Claremore, who gave notice he will appeal his felony conviction. The judge stayed the fine pending the appeal, a court spokesman said.
A seven-woman, five-man jury deliberated about an hour in November to convict Bates, the first participant in the race that left seven horses dead from heat exhaustion, to face a felony conviction. He could have received a maximum five-year prison term.
Defense attorney Robert Green asked the court to rule that Bates was convicted of a misdemeanor, not a felony, because jurors recommended only a fine. But Carden upheld the felony conviction.
District Attorney T. Jack Graves contended Bates' actions during the race constituted intentional animal cruelty to his Appaloosa horse.
Bates claimed he was only a participant in an athletic event.
Co-defendants Jody Marcella Trotter of Kiefer and Billy Andrew Coghill of Broken Arrow, who is accused of overdriving a black mare to her death, are awaiting separate trials.
William B. Schlunegar of Broken Arrow was acquitted in June after a jury deliberated for seven hours before reaching their verdict. It was believed that Schlunegar had shown more care and concern for his horse than the other riders.
Race promoter Bill McAnally, his wife Paula McAnally and another horseman, Johnnie Lee Meders, were fined and placed on probation after pleading no contest to misdemeanor animal cruelty charges in October 1987.
UPDATES:
Jody Marcella Trotter entered a no-contest plea to two charges of animal cruelty involving the overriding of a two horses in the Catoosa Days endurance race.
Rogers County Associate District Judge Edwin Carden sentenced Trotter to a $750 fine plus court costs and ordered her to perform 50 hours of community service.
Billy Andrew Coghill pleaded no contest to a charge of animal cruelty. Rogers County Associate District Judge Edwin Carden fined Coghill $500 and gave him a one-year deferred sentence. His conviction will be cleared from the court record if he is convicted of no other law violations within the year.
(NewsOK - December 21, 1988)
Earlier:
Wednesday, December 21, 1988
Friday, December 2, 1988
Florida: Little girl, 6, recovering after being attacked by Nina Owen's pit bull
FLORIDA -- After spending one night in a hospital, a 6-year-old dog-bite victim went home on Thursday, the day the pit bull that attacked her was euthanized for rabies testing, police and hospital officials said.
Shannon Hunter, who lives north of Pompano Beach, was bitten on the right side of the face on Wednesday as she sat in a neighbor's apartment watching television, the Broward Sheriff's Office reported. She was admitted to North Broward Medical Center in Pompano Beach for treatment.
The 1-year-old pit bull dog, named Spuds, apparently attacked without warning, the Sheriff's Office said.
The owner, Nina Owen, told officials she did not want the animal returned, the Sheriff's Office said. She relinquished custody to the Broward County Animal Control Division, which had the dog destroyed, officials said.
(Sun Sentinel - December 2, 1988)
Earlier:
Shannon Hunter, who lives north of Pompano Beach, was bitten on the right side of the face on Wednesday as she sat in a neighbor's apartment watching television, the Broward Sheriff's Office reported. She was admitted to North Broward Medical Center in Pompano Beach for treatment.
The 1-year-old pit bull dog, named Spuds, apparently attacked without warning, the Sheriff's Office said.
The owner, Nina Owen, told officials she did not want the animal returned, the Sheriff's Office said. She relinquished custody to the Broward County Animal Control Division, which had the dog destroyed, officials said.
(Sun Sentinel - December 2, 1988)
Earlier:
Thursday, December 1, 1988
Florida: Little girl, 6, attacked in the face by pit bull while watching TV
FLORIDA -- A 6-year-old girl who was watching television and eating potato chips in a neighbor's apartment was bitten on the face by a pit bull dog on Wednesday afternoon, the Broward Sheriff`s Office said.
Shannon Hunter, of the 3100 block of Northeast Seventh Avenue, north of Pompano Beach, underwent surgery at North Broward Medical Center and was in fair condition Wednesday night, police and hospital officials said.
The 1-year-old dog, Spuds, attacked without warning and may have been going after the potato chips, Sheriff's Office spokesman Al Gordon said.
Broward County paramedics treated the wound on the right side of Hunter's face and the girl's mother took her to the hospital, Gordon said.
The dog's owner, Nina Owen, of the 3000 block of Northeast Seventh Avenue, was issued citations for not having a dog license and not having proof it was vaccinated for rabies, Gordon said.
Spuds was turned over to the county's Animal Control Division and will be impounded for 10 days to determine whether it has rabies, Gordon said.
Owen told officials she did not want the dog back, Gordon said.
Norman Lane, Owen`s neighbor, described Spuds as a friendly dog.
Lane said he knew of no complaints about Spuds besides a call to police when the animal had gotten loose.
(Sun Sentinel - December 1, 1988)
Shannon Hunter, of the 3100 block of Northeast Seventh Avenue, north of Pompano Beach, underwent surgery at North Broward Medical Center and was in fair condition Wednesday night, police and hospital officials said.
The 1-year-old dog, Spuds, attacked without warning and may have been going after the potato chips, Sheriff's Office spokesman Al Gordon said.
Broward County paramedics treated the wound on the right side of Hunter's face and the girl's mother took her to the hospital, Gordon said.
The dog's owner, Nina Owen, of the 3000 block of Northeast Seventh Avenue, was issued citations for not having a dog license and not having proof it was vaccinated for rabies, Gordon said.
Spuds was turned over to the county's Animal Control Division and will be impounded for 10 days to determine whether it has rabies, Gordon said.
Owen told officials she did not want the dog back, Gordon said.
Norman Lane, Owen`s neighbor, described Spuds as a friendly dog.
Lane said he knew of no complaints about Spuds besides a call to police when the animal had gotten loose.
(Sun Sentinel - December 1, 1988)
Tuesday, October 18, 1988
Florida: Officer attacked by a pit bull while trying to serve an arrest warrant
FLORIDA -- A Broward Sheriff`s Office detective who went to a home in Davie on Monday to arrest a man on a probation violation was bitten by a pit bull as five of the animals sprang from the man's yard.
Detective Christopher Dale, 25, was bitten on the left calf by one of the pit bulls, Sheriff`s Office spokesman Al Gordon said. He was treated at Memorial Hospital in Hollywood and released.
Dale had gone to a home in the 5700 block of Southwest 38th Street to arrest Wayne Allen Luno, 25, on a warrant charging him with violation of probation for battery on a law enforcement officer, Gordon said.
When Dale arrived at the home at 5:30 p.m., he went to the front door and began talking to a woman, Gordon said.
As the detective talked with the woman, five pit bulls came running from the back yard, and one bit Dale on the calf. Dale kicked the dog, which then let go of his leg, Gordon said.
The woman at first said the dog was hers, but later said she was taking care of it for a friend. The animal was taken into the custody of Broward County Animal Control and will be kept for 10 days to determine whether it has rabies, Gordon said.
Luno was taken into custody on the warrant and was being held without bail at the Broward County Jail on Monday night, Gordon said. There were no charges in the biting incident, Gordon said.
(Sun Sentinel - October 18, 1988)
Detective Christopher Dale, 25, was bitten on the left calf by one of the pit bulls, Sheriff`s Office spokesman Al Gordon said. He was treated at Memorial Hospital in Hollywood and released.
Dale had gone to a home in the 5700 block of Southwest 38th Street to arrest Wayne Allen Luno, 25, on a warrant charging him with violation of probation for battery on a law enforcement officer, Gordon said.
When Dale arrived at the home at 5:30 p.m., he went to the front door and began talking to a woman, Gordon said.
As the detective talked with the woman, five pit bulls came running from the back yard, and one bit Dale on the calf. Dale kicked the dog, which then let go of his leg, Gordon said.
The woman at first said the dog was hers, but later said she was taking care of it for a friend. The animal was taken into the custody of Broward County Animal Control and will be kept for 10 days to determine whether it has rabies, Gordon said.
Luno was taken into custody on the warrant and was being held without bail at the Broward County Jail on Monday night, Gordon said. There were no charges in the biting incident, Gordon said.
(Sun Sentinel - October 18, 1988)
Thursday, September 29, 1988
Florida: Accused of beating a tiny kitten to death and feeding it to his pit bull, Michael Biondi, 21, now accused of breaking into shelter and stealing his dogs back
FLORIDA -- A man accused earlier this week of feeding a kitten to his pit bull terrier has been charged with breaking into the Broward County Animal Control Division and removing his dog and another pit bull.
Hollywood resident Michael Biondi, 21, of the 2100 block of Cleveland Street, surrendered to police on Tuesday at the Broward County Courthouse, but refused to tell authorities where the missing dogs were. One of the missing dogs is Biondi`s pet.
Biondi was charged with burglary, two counts of petty theft and felony criminal mischief for breaking into the facility at 1871 SW 40th St. and removing the dogs, sheriff`s spokesman George Crolius said. Biondi was being held in the Broward County Jail on Wednesday in lieu of $1,550 bail.
Biondi`s dog was taken away by Broward County Animal Control after a neighbor said he saw Biondi standing over the dog as it repeatedly bit a cat last Thursday. Biondi was charged with animal cruelty in connection with the cat incident.
The other missing pit bull, a 35-pound, brown-and-white female, had been quarantined for rabies observation since Sept. 21 after biting a Carver Ranches man. The dog was supposed to remain quarantined until Saturday, according to state regulations, said Larry Atwell, Animal Control assistant director.
"Should the dog not be recovered (by Saturday), that would mean we cannot tell the (dog bite victim) if the dog is healthy," said Sgt. Sherry Schlueter, supervisor of the sheriff`s agricultural crimes/animal abuse unit. "It would be up to the man to decide if he wanted to undergo rabies shots."
The victim, Bob Hough, could not be located for comment.
County health officials, however, said it is unlikely the missing pit bull is infected with rabies.
Steve Dennison, assistant environmental health director at the Broward County Public Health Unit, said the most recent case of a rabies-infected animal was a bat in 1984. A domestic animal has not been found with rabies in the county since 1955, when a cat contracted the disease, Dennison said.
"The odds are pretty good the animal wasn`t rabid," he said.
Dennison also said rabies shots no longer consist of a 21-shot series in the abdomen. Current treatment is a series of five shots in the arm during a two- week period, he said.
The dogs were reported missing on Tuesday morning after Animal Control employees found two empty cages, and discovered holes cut in chain-link fences and gates enclosing the compound, Atwell said.
"We suspect that he was probably trying to rescue his dog," Schlueter said. "He probably mistakenly believed it would automatically be killed."
(Sun Sentinel - September 29, 1988)
Earlier:
Hollywood resident Michael Biondi, 21, of the 2100 block of Cleveland Street, surrendered to police on Tuesday at the Broward County Courthouse, but refused to tell authorities where the missing dogs were. One of the missing dogs is Biondi`s pet.
Biondi was charged with burglary, two counts of petty theft and felony criminal mischief for breaking into the facility at 1871 SW 40th St. and removing the dogs, sheriff`s spokesman George Crolius said. Biondi was being held in the Broward County Jail on Wednesday in lieu of $1,550 bail.
Biondi`s dog was taken away by Broward County Animal Control after a neighbor said he saw Biondi standing over the dog as it repeatedly bit a cat last Thursday. Biondi was charged with animal cruelty in connection with the cat incident.
The other missing pit bull, a 35-pound, brown-and-white female, had been quarantined for rabies observation since Sept. 21 after biting a Carver Ranches man. The dog was supposed to remain quarantined until Saturday, according to state regulations, said Larry Atwell, Animal Control assistant director.
"Should the dog not be recovered (by Saturday), that would mean we cannot tell the (dog bite victim) if the dog is healthy," said Sgt. Sherry Schlueter, supervisor of the sheriff`s agricultural crimes/animal abuse unit. "It would be up to the man to decide if he wanted to undergo rabies shots."
The victim, Bob Hough, could not be located for comment.
County health officials, however, said it is unlikely the missing pit bull is infected with rabies.
Steve Dennison, assistant environmental health director at the Broward County Public Health Unit, said the most recent case of a rabies-infected animal was a bat in 1984. A domestic animal has not been found with rabies in the county since 1955, when a cat contracted the disease, Dennison said.
"The odds are pretty good the animal wasn`t rabid," he said.
Dennison also said rabies shots no longer consist of a 21-shot series in the abdomen. Current treatment is a series of five shots in the arm during a two- week period, he said.
The dogs were reported missing on Tuesday morning after Animal Control employees found two empty cages, and discovered holes cut in chain-link fences and gates enclosing the compound, Atwell said.
"We suspect that he was probably trying to rescue his dog," Schlueter said. "He probably mistakenly believed it would automatically be killed."
(Sun Sentinel - September 29, 1988)
Earlier:
Tuesday, September 27, 1988
Florida: Michael Biondi, 21, accused of beating a tiny kitten to death and then holding the kitten's broken and battered body up in the air and letting his pit bull rip it to pieces
FLORIDA -- The owner of a pit bull terrier was charged with cruelty to animals on Monday after police said he was seen feeding a kitten to his dog.
Michael Biondi, 21, of the 2100 block of Cleveland St., was accused of feeding the kitten to the dog on Thursday, Broward Sheriff`s Office spokesman Al Gordon said.
A Hollywood police officer, who arrived at the scene after a neighbor called police, said he witnessed Biondi standing over the dog as it was continually biting the cat, Gordon said.
An autopsy of the cat revealed that it had died of blows to the head and mid- section and was killed before the dog got to it, Gordon said.
The dog was taken away by Broward County Animal Control and Biondi was issued a notice to appear in court, Gordon said. The cruely charge is a first-degree misdemeanor, punishable by up to a year in prison and a $5,000 fine.
(Sun Sentinel - September 27, 1988)
Michael Biondi, 21, of the 2100 block of Cleveland St., was accused of feeding the kitten to the dog on Thursday, Broward Sheriff`s Office spokesman Al Gordon said.
A Hollywood police officer, who arrived at the scene after a neighbor called police, said he witnessed Biondi standing over the dog as it was continually biting the cat, Gordon said.
An autopsy of the cat revealed that it had died of blows to the head and mid- section and was killed before the dog got to it, Gordon said.
The dog was taken away by Broward County Animal Control and Biondi was issued a notice to appear in court, Gordon said. The cruely charge is a first-degree misdemeanor, punishable by up to a year in prison and a $5,000 fine.
(Sun Sentinel - September 27, 1988)
Tuesday, August 23, 1988
Maryland: Gene Barber tried to say he shot and killed disabled woman's dog because it menaced him, but the judge didn't buy it. Barber got 3 months in the county jail and 6 years probation for animal cruelty
MARYLAND -- Gene Henry Barber may not have understood the consequences of firing a .22-caliber bullet into the chest of Lady, a 4-year-old German shepherd who lived near him at the Maryland Manor Mobile Park 15 miles south of here.
But now he has three months in jail to think about it.
In what animal activists said is part of a trend toward stiffer sentences in cruelty cases, Barber was sentenced last week to 90 days in the Anne Arundel County Detention Center on joint charges of animal cruelty and discharging a weapon in a populated area.
He was also put on six years' probation and ordered to pay $1,000 restitution to Lady's owner, Gail Johnson, 45, for the death of her pet.
"Society is just too sophisticated to have people just go around shooting someone else's dog," said District Judge Lawrence Rushworth, who found Barber guilty Wednesday in a nonjury trial and imposed sentence the same day.
In his only other animal cruelty case, which involved the bow-and-arrow shooting two years ago of a dog found rummaging in a trash can, Rushworth imposed a similar sentence. He said he takes animal cruelty charges seriously because of the emotional attachment between owners and their pets.
"I don't know what value you can put on a dog. I am sure that if you own a dog, you put the value substantially high," Rushworth said, adding that in Johnson's case, "one could not help but feel sorry for this . . . woman who had lost her pet."
Johnson, who has used a wheelchair since the removal of a brain tumor in September, lives with family friend Thomas Strempek in a trailer near Barber's at the mobile home park in Harwood, south of Annapolis.
According to Strempek, the Jan. 31 shooting deprived Johnson of her closest companion. The dog would stroll alongside her electric wheelchair when they went for walks, and always obey her commands.
"She cried for days," said Strempek, 62. "She missed that dog because that dog was her best friend, really."
Strempek said Barber had threatened to kill Lady several times because he said the dog barked at him in a menacing way, a claim Rushworth dismissed as "not believable" in the absence of any evidence that Lady ever tried to attack or bite him.
On the day of the shooting, while Lady cavorted with Johnson's grandson and some neighborhood children, Strempek said Barber provoked the dog twice by squirting it with a hose.
Although he said he was surprised by the sentence and claims he would never have suggested a jail term for the shooting (why not???), Strempek said, "I am not upset that {Barber} got time to think" about killing the dog.
Barber could not be reached for comment. Assistant State's Attorney John LeCornu, who prosecuted the case, said he will probably be released from jail pending an appeal.
(Washington Post - August 23, 1988)
But now he has three months in jail to think about it.
In what animal activists said is part of a trend toward stiffer sentences in cruelty cases, Barber was sentenced last week to 90 days in the Anne Arundel County Detention Center on joint charges of animal cruelty and discharging a weapon in a populated area.
He was also put on six years' probation and ordered to pay $1,000 restitution to Lady's owner, Gail Johnson, 45, for the death of her pet.
"Society is just too sophisticated to have people just go around shooting someone else's dog," said District Judge Lawrence Rushworth, who found Barber guilty Wednesday in a nonjury trial and imposed sentence the same day.
In his only other animal cruelty case, which involved the bow-and-arrow shooting two years ago of a dog found rummaging in a trash can, Rushworth imposed a similar sentence. He said he takes animal cruelty charges seriously because of the emotional attachment between owners and their pets.
"I don't know what value you can put on a dog. I am sure that if you own a dog, you put the value substantially high," Rushworth said, adding that in Johnson's case, "one could not help but feel sorry for this . . . woman who had lost her pet."
Johnson, who has used a wheelchair since the removal of a brain tumor in September, lives with family friend Thomas Strempek in a trailer near Barber's at the mobile home park in Harwood, south of Annapolis.
According to Strempek, the Jan. 31 shooting deprived Johnson of her closest companion. The dog would stroll alongside her electric wheelchair when they went for walks, and always obey her commands.
"She cried for days," said Strempek, 62. "She missed that dog because that dog was her best friend, really."
Strempek said Barber had threatened to kill Lady several times because he said the dog barked at him in a menacing way, a claim Rushworth dismissed as "not believable" in the absence of any evidence that Lady ever tried to attack or bite him.
On the day of the shooting, while Lady cavorted with Johnson's grandson and some neighborhood children, Strempek said Barber provoked the dog twice by squirting it with a hose.
Although he said he was surprised by the sentence and claims he would never have suggested a jail term for the shooting (why not???), Strempek said, "I am not upset that {Barber} got time to think" about killing the dog.
Barber could not be reached for comment. Assistant State's Attorney John LeCornu, who prosecuted the case, said he will probably be released from jail pending an appeal.
(Washington Post - August 23, 1988)
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