Saturday, February 25, 2012

Already in prison, man gets no extra time for starving dogs

UNITED KINGDOM -- A cruel dog owner has been jailed after letting his pet starve to death in “deplorable conditions”.


When bailiffs forced their way into Alan Smith’s flat in Westmorland Court, Hebburn, to serve an eviction notice, they found his mastiff Sam lying dead in a living room surrounded by dog dirt and rubbish.

They also found an emaciated Staffordshire bull terrier called Lily in the room, which South Tyneside Magistrates’ Court heard had only survived by eating flesh from the dead dog.

The bailiffs called in the RSPCA who took the surviving dog to a vet and had a post-mortem examination carried out on the mastiff, which revealed both dogs had been starved of food and water for about a month. Smith, 30, pleaded guilty to causing unnecessary suffering to the mastiff by failing to give it a nutritious diet.

He appeared by videolink as he is already serving a three-year prison sentence for an unrelated crime.
No charges were brought regarding the terrier, after Smith told magistrates it belonged to his girlfriend.

Denise Jackman, prosecuting on behalf of the RSPCA, said: “When the bailiff opened the door to the living room, a small dog ran out and went to the toilet to drink water.



“A large emaciated dog was dead in the corner of the room. The smaller dog had been living off the corpse, as half of its face was missing.

“The room was strewn with faeces, empty beer cans and other rubbish. Both dogs were almost skeletal.”

A statement from Smith’s ex-girlfriend was read out in court, which said they had lived together at the flat but that she moved out two months before the dogs were found and they were in good health when she left.

Smith told magistrates he thought his ex was looking after Sam.

But David Hatfield, defending, told the court Smith had moved out of the flat and a friend was looking after the animals.


Mr Hatfield said: “He lived in the flat but had let it to a friend, and had made arrangements that he would also look after the dog that subsequently died.

“He was a trustworthy man and it seems he did indeed look after it for a period of time, and it was only in the last month that it was subject to significant cruelty.”

Magistrates heard that Lily had now been nursed back to health.

Chairman of the bench Harry Metcalfe said: “The dog lived in deplorable conditions.”

Smith was jailed for 17 weeks, to run alongside his current sentence. He was also banned from looking after animals for 10 years.

Speaking after the case, RSPCA Inspector Claire Hunt said: “This was an extremely shocking and upsetting case.

“It is sad that one dog died, but we’re happy the other dog found in the house has new owners and has plenty of time to enjoy a loving home.

“Smith being jailed is a very good result for us.”


South Tyneside Chief Inspector Brian Walker added: “This was a particularly shocking case involving a defenceless animal who was left to fend for itself, ultimately resulting in its death.

“We condemn anyone who would intentionally cause harm to an animal and work closely with the RSPCA to put offenders before the court.”

(Shields Gazette - Feb 25, 2012)

Couple pleaded guilty to animal cruelty in death of dog

TEXAS -- Two Williamson County residents have been pleaded guilty in connection with the death of a dog named Peanut they adopted from the Williamson County Regional Animal Shelter, county officials said Thursday.

RIP Peanut

John Harvick and Angela Harvick pleaded guilty last month to a charge of animal cruelty and were ordered to serve a total of 128 hours of community service, pay fines of more than $400 and pay the dog’s medical bills of $4,340.67, according to the county news release.

The Harvicks adopted Peanut, a black, tan and white mixed-breed puppy from the shelter on Oct. 27, 2009, according to an arrest warrant.

[In another article, little Peanut was described as a Beagle terrier mix.]

About April 1, 2011, someone found the dog “clearly starved with his bones showing through his coat,” according to the warrant and news release.


Peanut was taken to the shelter where staff found a identifying microchip that had been implanted before he was adopted, the warrant said. When contacted, John Harvick told an animal cruelty officer that he had lost the dog two days earlier, said the warrant.

John Harvick said the dog had gotten skinny in October 2010 because “it had eaten women's undergarments,” according to the warrant. He told investigators that the dog recovered but then began ailing again later, but that he couldn’t afford to take the dog to a veterinarian, the warrant said.

A veterinarian who examined the dog on April 2, 2011, said Peanut showed symptoms of starvation, infection, anemia and heartworms, according to the warrant. The animal shelter and two veterinary hospitals tried to save the dog but he died two weeks later, according to the news release.


The Harvicks were sentenced to perform part of their community service at the Williamson County shelter, but they are to be under supervision at all times and “not handle any animals,” according to a court document.

(Statesman - Feb 23, 2012)

Dog Attack Ends In Gunfire In Colorado Springs

COLORADO -- A Pit Bull was killed in Colorado Springs after attacking other dogs, Colorado Springs police said Thursday night.


It was originally reported two dogs were shot as they were attacking a woman's dogs as she walked them, though one was later found unharmed. It is the second time in as many days that a dog was shot after allegedly behaving aggressively.

Thursday's incident occurred on Portrait Place. That’s north of North Carefree Circle and west of Oro Blanco Drive.

The man who shot at the dogs, Bud Linton, had previously broken up a fight between them and his German Shepherd when the dogs jumped his fence.

When he witnessed them attacking other dogs being walked by a woman in the neighborhood, he sprung into action.

Linton ran out with a gun and opened fire when he couldn't separate the dogs.


"She was jumping up and down screaming 'Help me,'" Linton said. "The last thing I wanted to do was use my pistol on them because I'm a dog lover myself, but I didn't have a choice."

Police said the Pit Bull died down the street and the Boxer ran off. The Boxer was at first thought to have been critically wounded, but was later found, and wasn't hurt.

The dogs' owner arrived later and was immediately interviewed by police, who told 11 News she could face charges for failing to secure her pets. Linton will not be cited.

Wednesday, another homeowner shot a Pit bull in their yard at 3965 Vondelpark Place. Police said the homeowner described that dog's behavior as "aggressive."

(KKTV - Feb 23, 2012)

Owner Of Accused Dogs Speaks Out

COLORADO -- KRDO NewsChannel 13 has learned that one of two basset hounds involved in a dog attack Thursday has died from its injuries. That was confirmed Friday by Cody Persinger, the son of the woman who owned the hounds. A charge has been filed against the owner of the attacking dogs.



Brittainy Fahr is charged with unlawful ownership of a dangerous dog. Colorado Springs police said her 4-year-old boxer, Tylann, and her 9-month-old pit bull, Kilo, went after a German shepherd in a back yard on Portrait Place before targeting the hounds.

Bud Linton, the shepherd's owner, said he was forced to shoot and kill Kilo to defend himself, the hounds and their owner. Linton said he also shot at Tylann, but apparently missed. The dog ran off and later was found.

Fahr is skeptical about Linton's explanation of the shooting and the need for it.

"The dog (Linton) shot was only 9 months old," said Fahr. "That puppy is not going to be aggressive or attack anybody. That puppy is going to want to play. I believe my dogswere antagonized in some way. If I was able to walk my dogs around other people and pets, they would have already tried to attack somebody."

Fahr said she was on her way home from work when she saw police and animal control vehicles in her neighborhood. She said she lives with a friend, who was watching her dogs and her two children. As for how her dogs got loose, Fahr said someone tried to steal her pets before and left a gate open, and believes that could have happened again.

"If I were to have seen my dog bite somebody, I would have shot him (myself)," said Fahr.

Fahr said it's unfair that she has to pay $600 to get Tylann out of quarantine at the Pikes Peak Humane Society and avoid having the dog put down. She said she can't afford the cost, and may have to sell her car.


"My son was attacked by a pit bull," said Fahr. "But that dog didn't get killed. Nothing happened to that dog, yet they can turn around and kill my animal over supposedly attacking another dog."

Fahr is scheduled to appear in court next month on the dangerous dog charge.

"I'm not going to let them kill (Tylann)," she said

(KRDO - Feb 24, 2012)

Earlier:

Stupid laws: Felony animal abuse maxes out at 10 days in jail, but misdemeanor criminal mischief will get you six months

OREGON -- A Douglas County, Ore., couple convicted of killing their neighbor's dog with anti-freeze was sentenced Thursday afternoon to six months in jail.


Bernard and Mitzi Daugherty were found guilty of aggravated animal abuse last week

During his testimony, Bernard admitted to trying to kill the dogs that were defecating in his yard.

Before sentencing Thursday, he apologized. "I am sorry that the dog died," he told the judge. "I felt under attack your honor. I could not feel emotion when we were being attacked."

Judge Bill Marshal could only impose 10 days in jail on the felony charge of animal abuse because of state guidelines, but he did give the Daugherty's six months behind bars for criminal mischief, which is a misdemeanor.

The judge noted the manner in which the dog died. "Fairly egregious," Marshal said. "This is not just a situation where somebody just shoots down a dog that they think is running on their land, but you poisoned a dog and you made that dog suffer."

Mocha's owners wanted to show her picture to
the public, as an example of what can
happen to dogs who ingest antifreeze.

The Daugherty's are banned from owning an animal for 15 years, and they must pay $599 restitution to Debra Ballard for vet bills.

Bernard and Mitzi will have to report to jail on Monday, but Judge Marshall did leave the option open to the sheriff to have them placed under house arrest instead of jail.

(KPIC - Feb 23, 2012)

Earlier:

Thursday, February 23, 2012

Grandfather protects attacking boerboel instead of his grandson

The boy’s father, who hit the dog with a steel pipe, was attacked by its owner


SOUTH AFRICA -- THE owner of an aggressive boerboel attacked the father of a two-year-old toddler, who was viciously bitten by the animal, for hitting the canine with a steel pipe.

The incident occurred at a Rhodesfield property on the afternoon on February 11.

According to Mr Christian van Loggerenberg, an uncle of the boy, his nephew Rayden was attacked while playing in the yard.



The dog is said to have a history of aggression as it had bitten four other children, including the brother of the two-year-old toddler.

"The child was playing outside while his mother Esther was in the house. My brother, Martin, was talking to his father in law and negotiating to pay rent when the incident happened.

"Esther heard a scream and when she went out, the dog had Rayden's face in its fore legs.

"She ran to call Martin. He immediately came out and started beating the dog with a pipe on the back. He continued hitting the dog because he was angry.

That was when he was allegedly assaulted by his fiance's grandfather," said Van Loggerenberg.

A family fracas ensued as Martin's fiance's grandfather assaulted him for beating the boerboel.

Martin's brother-in-law entered the fray and hit his grandfather in a bid to defend his brother-in-law.

"My brother's father-in-law dragged Martin away and told him to take Rayden to the hospital. But as my brother got into the car with his son and the child's mother, a family friend of the grandfather jumped into the car, put his hand on Rayden's face and smashed the wind screen of the car," said Van Loggerenberg.

The man apparently ran away from the scene.

According to Van Loggerenberg, the child was rushed to a private doctor who referred the family to Charlotte Maxeke Hospital.

The toddler was later admitted to Charlotte Maxeke where he spent four days and underwent facial surgery on February 13. He was discharged last week Tuesday and is recovering well.

Van Loggerenberg said Martin had been told to leave the Gladiator Street property.

He said he feared for the safety of five children who remained at the house. "It seems they care more for the dog than Rayden. Even I don't go into the yard when I visit because those dogs look vicious."

However, Mr Ametie Trollius, owner of the property, refuted the allegations made by the Van Loggerenbergs and his granddaughter. He said the child rode into the dog with his bicycle and in retaliation the dog attacked.

Trollius said on the day a gate was left open which led into the yard where the dogs stay.


"I have told the parents of the children many times they should keep their children away from where the dogs are kept. It is the parents' responsibility to look after their children. The dog only attacks when it is hurt.

"I grabbed him (Martin) to stop him from hitting the dog because it would have bitten him as well and I wanted to protect the dog," said Trollius.

He added that although the dog remained on the property, it had been placed in an enclosed area where no one could gain access to it.

He said the dog would be taken away to a farm soon.
(Kempton Express - Feb 22, 2012)

Vietnam vet's 300-pound "emotional support" pet — a pig — divides Largo neighborhood

FLORIDA -- This was never just about the pig, the neighbors say, but the pig was a problem.

Last March a loud, large, shaggy-haired man named Bernie Lodico moved into Bay Ranch Mobile Home Park. A few months later he brought Kojak, his blind, 300-pound pet pig.

Largo law bars livestock in residential areas. And Kojak stank, some neighbors say. Management sent Lodico a letter.
 


"It is our understanding that you have a pot belly pig living in your back yard," wrote park manager Cliff Wicks on Sept. 26. "This is not allowed. Please place the pig somewhere else."

Lodico replied with a letter from a psychiatrist at James A. Haley VA Medical Center in Tampa. Lodico, 59, was a Marine who served in Vietnam. The pig is his "emotional support animal," the letter explained, a pet protected by federal law.

"Mr. Lodico … has a mood disorder and numerous psychosocial stressors," wrote Dr. Javier Cartaya. "This animal will support his coping skills."

The legal battle between Lodico and the park was only beginning. And the neighbors were right. This was about much more than a pig.

• • •

Lodico lives in Lot 347. Homeowners association president Malcolm Deane lives in Lot 345. Soon after Lodico moved in, Deane started getting complaints.

Lodico parked his truck in front of his unit overnight, full of scrap metal (breaking Bay Ranch Prospectus rules 8 and 11). His back yard was a mess (rule 8). His dogs barked all night (rule 19). He painted his home a pastiche of red, yellow, purple, blue and green (rule 18).

Deane thinks Lodico is unstable. Lodico exposed himself to Deane's adult daughter, Deane says, during a parking dispute in October. And then, after receiving an eviction notice Dec. 10, Lodico pounded on Deane's door and threatened to kill him. Deane called police. Lodico was held under the Baker Act, which allows people to be hospitalized for mental evaluation.

Deane is skeptical of Kojak's therapeutic benefits.

"I don't see how a 300-pound blind pig that can hardly walk or do anything. … How can that be an emotional support animal?" said Deane, 57.

The federal Fair Housing Act gives people with disabilities the right to keep emotional support animals, even when a landlord's policy or local law forbids it. Not every animal is protected, though.

Bonnie Milstein, housing policy director for the Bazelon Center for Mental Health Law, has seen legal tussles over dogs, cats and even lizards. Emotional support animals, she noted, can't interfere with anyone else's enjoyment of their property rights. So an emotional support elephant probably wouldn't be protected. But a pig?

"I don't know. I've never been asked about pigs," said Milstein. "It's not possible to reach any conclusions except to say that everyone's rights deserve respect."

The legal debate may be moot, though. Early one morning a few weeks ago, neighbors heard "loud swine squeals," according to Deane. Deane's wife, Karen, got a phone call from Beverly Farinha in Lot 348.

"I think the pig is dead," Farinha said.

"She saw him digging a large hole in his back yard," Malcolm Deane said. "She didn't see him put the carcass in it, but that's where we think it is."

• • •

Kojak is not dead, Lodico insisted outside his home a few weeks ago. She is dying, though, and with a veterinarian, he said. The stress over the possible eviction sent Kojak into an emotional tailspin. The pig won't eat.

Lodico doesn't know how he will cope if Kojak dies. It took him months to get over losing his first pig, Arnetta, which he accidentally ran over during a rainstorm when he lived in Tampa. Afterward, he bought Kojak.

"I have more respect for that pig than any person. She keeps me calm, cool and collected," Lodico said.

Like a proud parent, he pulled out pictures. Kojak as an infant, a small black blob. Kojak eating a watermelon, her black head buried in the green rind.

"She's sexy, isn't she?" he said.

This was always about Kojak, Lodico contends. Once the neighbors realized they couldn't get him evicted for his pig, they started looking for other reasons, he says.

The strange paint job?

"I'm a little crazy. I need happy colors."
Exposing himself?

"That never happened. … I have lost weight, and my shorts don't fit like they used to, but if they fall down, I pick them right up."

Threatening Deane?

Well, that actually did happen, Lodico said. He thinks his eviction case is all Deane's doing. Lodico's neighbor Abe Saylor is on his side. Saylor, 72, is also a Vietnam vet. He thinks Deane is a phony.

Saylor says that when Deane moved in, he told people he worked for the Pinellas County Sheriff's Office and he intended to clean up the park. Saylor asked around and found out Deane isn't a deputy.

(When asked what he did for a living, Deane said, "That's classified." According to Sheriff's Office spokeswoman Cecilia Barreda, Deane is a breath test operator. "It is not, to my knowledge, a classified position," she said.)

Kojak wasn't a nuisance, Saylor said.

So what is it that has pitted neighbor against neighbor in this sleepy mobile home park behind a WingHouse on Ulmerton Road?

"Troublemakers," Saylor said.

They make it their business to get in everyone else's business, Saylor said.

Two doors away, Beverly Farinha overheard Saylor and Lodico talking with a reporter. The next day she explained, with the help of neighbor Margaret Keith, why Lodico has to go.

"He's not abiding by any of the rules," said Farinha, 69.

"We have rules here. … You can't have a potbellied pig here," said Keith, 70, who lives in Lot 300, across from Saylor.

"This summer, I had big horseflies," said Farinha.

"It was because of the pig," said Keith. "He didn't clean up its poop."

Farinha thinks Kojak is buried in Lodico's back yard. When she heard the squeals a month ago, Farinha peeked out her window. She saw Lodico standing over the pig. "After that," Farinha said, "where the pig used to lay is just hay."

• • •

While Lodico says he left Kojak with a veterinarian, the name he gave couldn't be found in the phone book or in online listings.

"Kojak is dead," Deborah Galleta, Lodico's roommate, said last week. Kojak has been dead for a few weeks, she said. Lodico buried her.

"Not here," she said, before the question could even be asked.

Later that night, Lodico called the Times. Kojak is alive and well, he said, in the care of a friend.


Lodico can't reveal her location, though. He's not supposed to be talking to reporters, under strict orders of his new attorney, who will represent him in a federal lawsuit. He also can't reveal the new lawyer's name.

Lodico's attorney in his eviction case is John Borland of Gulf Coast Legal Services. "I have no idea where the pig is," Borland said. "Honestly. I was not aware there was any health condition with the pig."

Kojak is being fitted for a red vest, Lodico says, the universal uniform for a service animal. When the legal battle is over and Lodico is triumphant, he says, Kojak will come marching back down the street, past the neighbors who tried to have her and her owner evicted. She will look beautiful in her bright red vest.

The only problem now, Lodico says, is that Kojak is lonely without him. He had to get her a friend, a piglet. Its name is Porkchop.

(Tampa Bay Times - February 22, 2012)