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animal cruelty jail time

Ashland County Resident Found Guilty in Cockfighting Case

State v. Benny Craft, a case we prosecuted which was investigated by the Ashland County Sheriff and the Ohio Department of Agriculture, with assistance from the Humane Society of Ashland County Ohio

Craft was found guilty after a jury trial of cockfighting, two counts of animal cruelty and one count of possession of criminal tools. Craft was found not guilty of 3 counts of criminal tools and 4 counts of cruelty.

Craft was sentenced to a total of 90 days in jail, $350 in fines, courts costs, forfeiture of the roosters seized and items found to be criminal tools. He was ordered to pay $1,070 restitution for veterinary and other care provided to the animals. Jail is suspended on condition that he successfully complete one year probation. During probation he may not possess chickens or other poultry, and he is subject to inspections.

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Jailtime for Man Convicted of 9 Counts of Companion Animal Cruelty

State v. David Taylor a case we prosecuted for the Lake Humane Society resulting in a lifetime ban from keeping companion animals.

Taylor was convicted in the Willoughby Municipal Court of 9 counts of companion animal cruelty after trial for neglecting his three dogs, who were kept in a cluttered, dirty yard full of debris, including broken glass and nails. They suffered from severe flea infestation, open abrasions, bacterial infection, severe ear mites, fly strikes and whipworms.

In addition to the ban on keeping animals, Taylor was sentenced to 90 days in jail, 45 of which was suspended pending successful completion of one year probation including mental health assessment and treatment. He was fined $750 of which $500 is suspended.

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A Cluttered Van in the Hot Sun is not a Humane Place to keep 17 Chickens.

State v. Sandra Rae Paul, a case we prosecuted for the Loudonville Police, with help from the Humane Society of Ashland County Ohio, was ound guilty of animal cruelty yesterday, and taken to jail.

The evidence showed that the chickens were left in the van for at least 7.5 hours on a day when temperatures were in the mid-80s without shade for the vehicle. The chickens appeared to be lethargic. One died later that night.

Veterinarian, Dr. Melissa Ferry testified that under these conditions, temperatures would reach 130-140 degrees within 40 minutes. She said the chickens would certainly be suffering and would be in danger of heatstroke.

Judge John Good concluded that the vehicle did not provide shelter from sun, but instead amplified the effects of the sun, creating a “death trap.” He scolded the Defendant for blaming the situation on everyone else and taking no responsibility.

The Defendant was sentenced to 30 days in jail for failing to appear, 20 more days for the offense, and will have 70 additional days hanging over her head during 2 years’ probation. During that time, she is prohibited from possessing farm animals, including fowl, and is subject to random inspections.

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Jail Time and Fines for Farm Animal Cruelty Case

State v. Sofia Applegate, a case we prosecuted for the Geauga County Humane Society.

Applegate pled guilty today to one count of animal cruelty for neglecting to provided adequate food and water for three horses. One died on the scene. The others were not able to be rehabilitated despite the best efforts of the Humane Society, and were euthanized.

Applegate, who has no other criminal history, will serve three days in jail. Another 87 days were suspended and may be imposed if she fails to complete 5 years’ probation. During that time, she is prohibited from owning, keeping or living with any animals except for the two dogs and one cat she currently possesses, which must be kept in a humane, sanitary and lawful condition. (There was no evidence that the dogs and cat were not being cared for properly.) She is subject to random inspections during probation. She was fined $750, with $650 suspended, and must pay court costs.

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Did the FBI Make all Animal Cruelty a Felony?

A New Category–The FBI Defines Animal Cruelty as a “Felony”

Animal cruelty has long been categorized as a “general” crime by the FBI. The FBI, like Ohio’s Bureau of Criminal Identification and Investigation (Ohio BCI) collects crime reports and organizes them by category. These reports come directly from law enforcement or courts post-conviction; they are not generated by citizens. Recently, the FBI announced it would begin treating animal cruelty crimes as “Class A felonies,” the same as arson, assault, and homicide, and that it would begin specifically tracking crimes committed against animals (animal cruelty).

Accordingly, on January 1, 2016, the FBI began categorizing animal cruelty offenses as “crimes against society,” in four distinct categories–neglect, intentional abuse and torture, organized abuse (dog fighting/cock fighting), and sexual abuse.

The FBI defines cruelty to animals as “Intentionally, knowingly, or recklessly taking an action that mistreats or kills any animal without just cause, such as torturing, tormenting, mutilation, maiming, poisoning, or abandonment.” The FBI definition does not include crimes committed negligently, such as Ohio Revised Code 959.131(c), the companion animal cruelty code.

Animal Cruelty Crimes Are Not All Felonies in Ohio

The meaning of the new FBI classification has been widely misunderstood. The new FBI mechanism for tracking these crimes does not change the penalty classification of animal cruelty crimes in Ohio. It does not make animal cruelty crimes a felony or a federal crime. The FBI will not be investigating local reports of animal cruelty or providing funding to our local Humane Societies or Police. Animal cruelty crimes should still be reported to local law enforcement for investigation. By updating its tracking, the FBI has simply acknowledged that these particular crimes are serious and deserve a closer look.

 In most states, most cruelty is still treated as a misdemeanor. Most animal cruelty crimes in Ohio are second degree misdemeanors, punishable by a fine of up to $750 and 90 days in jail. Ohio has two first-offense felony animal cruelty crimes. First, dog fighting. Second, knowing animal abuse committed against a companion animal by a dog kennel owner, manager, or employee (Nitro’s Law). A second offense of knowing animal cruelty committed against a companion animal is a felony.

While the new FBI classification has no effect on penalties for animal cruelty crimes, the tracking data is used by criminologists, law enforcement, and researchers to analyze trends and, hopefully, prevent future crime.

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Ohio House Bill 198 Reduces Humane Societies’ Power to Protect Animals

ANIMAL LEGISLATION UPDATE:
HB 198, which abolishes Ohio Humane Societies’ ability to appoint prosecutors to prosecute crimes against animals, was introduced in the Ohio House on 5/11/15. This is the first legislative effort to REDUCE a Humane Society’s ability to protect animals.

Primary Sponsors: Reps. Steve Hambley (R-69) and Greta Johnson (D-35)

Summary: To repeal section 2931.18 of the Revised Code to abolish the humane society’s authority to employ an attorney to prosecute certain violations of law dealing with animal cruelty.

Find your Legislator here: https://www.legislature.ohio.gov/legislators/find-my-legislators

HB 198 Hurts Animals

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Jail time for dog starvation case in Ashland, Ohio

State v. Michael Johnson, a case we prosecuted at the request of the Ashland County Humane Society, investigated by Ashland County Dog Warden, Tom Kosht.

Johnson was found guilty of two counts of companion animal cruelty for abandoning two dogs in a home without adequate food or water. One died of starvation. The other was dehydrated, but was successfully rehabilitated and has been adopted to a new, loving home.

Johnson tried to put the blame on a man named Louie Thompson who he said was paid $500 cash to care for the animals. However, Johnson could not locate Thompson, and the address he gave for Thompson had not been occupied for some time. Judge John Good told Johnson that he did not believe his story.

Johnson was sentenced to 90 days, the maximum jail sentence for a 2nd degree misdemeanor. He will begin serving that sentence next week. 90 additional days were suspended pending successful completion of 5 years’ probation. During that time, Johnson may not possess and companion animals. He was ordered to pay $500 in fines, $42 in restitution to the veterinarian, $125 restitution to the Ashland County Humane Society, and court costs.

I am pleased to report that Judge Good gave a strong message about the seriousness of animal neglect. It is our hope both Dog Warden Tom Kosht and Judge John Good of the Ashland Municipal Court will receive positive feedback from the community.

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Cleveland couple sentenced to jail for keeping dogs in filth

State v. Melody and Edward McDonald; cases we prosecuted for the Cleveland Animal Protective League. Both will serve jail time.

The Defendants, husband and wife, were each found guilty of keeping three dogs in filthy conditions. The floors of the residence were caked with animal fecal matter and debris. The house smelled extremely foul. After receiving notice that a complaint had been filed with the APL, Mr. McDonald abandoned several dogs on Independence Road that were never recovered. He claimed that he left the dogs in a “safe place” because the Animal Warden would find them.

The Defendants were sentenced today by Judge Adrine. The McDonalds were given 180 days in jail, with 170 days suspended. They will both serve 10 days, and the remaining suspended time may be imposed if they fail to complete 5 years’ probation. During probation, they are prohibited from owning or keeping any animal. They must also submit to random inspections.

filthy house Cleveland APL dogs

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Seville, Ohio couple to serve jail time for starving dogs

State v. Augusta and Burdett Crandall; cases we prosecuted for the Medina County SPCA.  Both will serve jail time and are prohibited from keeping companion animals indefinitely.

The Defendants, husband and wife, were each found guilty of companion animal cruelty for starving their dogs Thor and Loki (later renamed Abu and Andor).

The Defendants were sentenced today by Judge McIlvaine of the Wadsworth Municipal Court.  Burdett Crandall was given 90 days in jail, with 75 days suspended.  Augusta was given 90 days in jail with 80 days suspended.  That means he will serve 15 days, and she will serve 10.  The remaining suspended time may be imposed if they fail to complete 5 years’ probation.  During probation, they are prohibited from owning, keeping or living in a residence with animals.  They must also submit to random inspections.   There was no fine, but they must pay court costs and $5,304.17 restitution to the Medina County SPCA.  Finally, they are prohibited from owning or keeping companion animals indefinitely.

At sentencing, Augusta Crandall acknowledged that she went to school for veterinary practice for one and a half years before giving it up for financial reasons.

We are pleased that Judge McIlvaine has sent a strong message to the community about the seriousness of animal neglect.

Before photo SKMBT_C35314091615590

After photo Andor 2

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Neglect of dog results in 48 days in jail for Medina man.

State v. Randall Rees, a case we prosecuted for the Medina County SPCA in the Medina Municipal Court. Defendant was convicted of companion animal neglect for failure to provide proper care of Kali, a 10 month old pit bull. Kali suffered from demodex mange and severe itching resulting in the loss of most of her fur. 
 
Rees spent 42 days in jail for this offense. He is on probation for 3 years, and may serve another 48 days in jail if he violates the terms of his probation. Rees is also required to pay $290 restitution to the SPCA.

Medina Ohio Attorneys Animal Cruelty Case

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