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Medina Municipal Court

Conviction for possession of cockfighting birds

Posted by J. Jeffrey Holland on May 5, 2015   |   Comments Off on Conviction for possession of cockfighting birds

State v. Filimon Medina, a case we prosecuted for the Medina County SPCA. This is one of the roosters removed from Mr. Medina’s property. It is common practice among cockfighters to remove the combs and wattles of fighting birds so the animals will not bleed excessively in battle, thus weakening them and possibly interfering with their ability to see.While Mr. Medina was not caught in the act of cockfighting, he was charged and convicted in the Medina Municipal Court of two counts of possession of criminal tools for possessing altered roosters, sparring muffs, various drugs and veterinary supplies commonly used in cockfighting, keep pens, tie out ropes and shipping boxes.

Ironically, possession of criminal tools is a 1st degree misdemeanor, while cockfighting is only a misdemeanor of the 4th degree in Ohio. Mr. Medina forfeited all seized birds, will pay a $400 fine plus costs, and may serve 90 days in jail if he violates the terms of his probation, which includes a prohibition against possessing altered birds and random inspections.

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Police officer found guilty of animal neglect for leaving police dog in car

Posted by J. Jeffrey Holland on March 25, 2015   |   Comments Off on Police officer found guilty of animal neglect for leaving police dog in car

State v. Brett Harrison, a case we prosecuted today which was investigated by the Medina County SPCA.

Sgt. Harrison of the Montville Township Police Department in Medina County, Ohio was charged with two counts of companion animal neglect for leaving his trained police dog in his cruiser for 4 hours and 19 minutes, causing the animal to die of heat exhaustion. The high temperature that day was 79 degrees. A veterinarian reported that temperatures inside the vehicle could easily reach 125 degrees or higher, causing significant suffering and ultimately death.

Sgt. Harrison testified that he intended to keep the car running with the air conditioner on. He failed to do so, and failed to notice that the cruiser was not running despite standing nearby talking to other officers for 23 minutes after exiting the vehicle. The windows of the car were left closed. Sgt. Harrison testified that he did not check the temperature during the day, and did not check on his dog during the entire period.

Judge Chase found the Defendant guilty of one of the two counts of companion animal neglect, a second degree misdemeanor. The Judge noted that Sgt. Harrison has no prior criminal history, and no record of disciplinary action while serving as a law enforcement officer, and ordered that he pay a $500 fine.

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Conviction for possession of cockfighting birds and equipment

Posted by J. Jeffrey Holland on February 19, 2015   |   Comments Off on Conviction for possession of cockfighting birds and equipment

State v. Filimon Medina, a case we prosecuted for the Medina County SPCA. This is one of the roosters removed from Mr. Medina’s property. It is common practice among cockfighters to remove the combs and wattles of fighting birds so the animals will not bleed excessively in battle, thus weakening them and possibly interfering with their ability to see.

While Mr. Medina was not caught in the act of cockfighting, he was charged and convicted in the Medina Municipal Court of two counts of possession of criminal tools for possessing altered roosters, sparring muffs, various drugs and veterinary supplies commonly used in cockfighting, keep pens, tie out ropes and shipping boxes.

Ironically, possession of criminal tools is a 1st degree misdemeanor, while cockfighting is only a misdemeanor of the 4th degree in Ohio. Mr. Medina forfeited all seized birds, will pay a $400 fine plus costs, and may serve 90 days in jail if he violates the terms of his probation, which includes a prohibition against possessing altered birds and random inspections.

rooster medina

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

Posted by J. Jeffrey Holland on December 15, 2014   |   Comments Off on 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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Man convicted of possession of cockfighting birds, tools

Posted by J. Jeffrey Holland on November 19, 2014   |   Comments Off on Man convicted of possession of cockfighting birds, tools

State v. Filimon Medina, a case we prosecuted for the Medina County SPCA.

Defendant was found guilty of two first degree misdemeanor charges for possession of criminal tools. The “criminal tools” were 29 roosters with their combs and waddles surgically removed, medications, vitamins, rooster boxing muffs and other items linking Mr. Medina to cockfighting. 

Defendant faces up to 180 days in jail for each count. Sentencing will be set before Judge Dale Chase for another date.

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Cat hoarder in Brunswick, Ohio

Posted by J. Jeffrey Holland on September 5, 2014   |   Comments Off on Cat hoarder in Brunswick, Ohio

State v. Kelli Drake, a case we prosecuted for the Medina County SPCA. Drake was found guilty of two counts of companion animal cruelty regarding 46 cats (all black) kept in her home. The cats were infested with fleas, severe flea allergies, hair loss, dermatitis, tapeworms, and FIV. All animals were surrendered to the SPCA.

Drake is prohibited from keeping any animals for four years, must submit to random inspections, and must complete a mental health assessment, and follow up with recommended treatment. If she violates these conditions, she is facing 180 days in jail.

Holland & Muirden, Attorneys at Law's photo.
Holland & Muirden, Attorneys at Law's photo.
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Dog groomer and former breeder convicted of animal neglect in Medina County

Posted by DanaMarie Pannella on August 21, 2014   |   Comments Off on Dog groomer and former breeder convicted of animal neglect in Medina County

State v. Barbara Fogl, a case we prosecuted for the Medina County SPCA.

Fogl was charged with multiple counts of neglect related to her care of 16 animals, including cats and Saluki, Afghan, and Lowchen breed dogs.

The animals were kept in deplorable conditions. A strong odor of feces and urine could be detected when standing outside of the home. Many of the dogs were kept in makeshift kennels, where they rested on concrete floors covered in filthy newspaper and other debris. The Afghan and Saluki breed dogs were in the worst condition. Those dogs had grooming issues, were underweight, and had untreated tumors and/or other veterinary conditions.

Fogl is a groomer and former breeder, who allegedly became overwhelmed by her own health conditions.

As part of a plea agreement, Fogl pleaded no contest to 3 counts of animal cruelty.

She is not permitted to own or keep any animals, other than two family dogs which were spayed as part of the agreement, for a period of 5 years. She was ordered to pay $600 in fines and $5,980.30 in restitution for the care of the animals. She is also subject to random, unannounced inspections to ensure the humane treatment of the remaining two animals in her care.

The animals have all recovered.

 
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Dog found hanging from car by its leash in Brunswick

Posted by J. Jeffrey Holland on May 7, 2014   |   Comments Off on Dog found hanging from car by its leash in Brunswick

State v. Nathan Vapenik, a case we prosecuted for the Medina County SPCA, jointly investigated with Brunswick Animal Control.

Defendant was found guilty of two counts of companion animal cruelty for keeping two emaciated, dehydrated dogs in his car.  He tied their leashes to the steering wheel, and left the windows cracked open.  The dogs were discovered when one was seen hanging by his throat out of thecar window.  Fortunately, they were rescued in time.

The Defendant was sentenced to 90 days in jail, 80 of which were suspended.  He served 10 days.  He was fined $350 per count ($700 total.)  He is also required to pay $498 in restitution to the SPCA.  Finally, Defendant was placed on probation for 5 years.  During that time, he is not permitted to possess, own or reside with any animals, and he is subject to random inspections.

Many thanks to Humane Agent Mary Jo Johnson and Animal Control Officer Mike Kellums for their good work on this case.

photos of 2 dogs

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Pellet gun dog shooter convicted in Brunswick

Posted by J. Jeffrey Holland on December 16, 2013   |   Comments Off on Pellet gun dog shooter convicted in Brunswick

State v. David Scott, a case we prosecuted for the Brunswick Hills Police Department.
Dog with gunshot
David Scott shot and killed a dog named Patches with a pellet gun. Patches was trespassing on his property, but the dog was at least 60 feet away from him and was in the act of departing the property. Scott claims that the dog was fighting with his own dog who was tethered just prior to the shooting. The officer examined Scott’s dog and saw no evidence of injuries.

Scott was found guilty of Injuring Animals, a 2nd degree misdemeanor.

This case presented some difficulties for a number of reasons. Generally, one cannot be convicted of an animal cruelty offense if the act was deemed to be “necessary” or “justifiable.” We knew that some people might find the shooting justifiable as a means for preventing future trespasses, especially since the weapon was a pellet gun, not a more powerful firearm. Pellet guns can be lethal, as in in this case, where the pellet penetrated the dog’s abdomen.

Defendant was fined $500 and was ordered to pay restitution to the owner of Patches.

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Defendant in starved horse case serves jail time

Posted by J. Jeffrey Holland on October 14, 2013   |   Comments Off on Defendant in starved horse case serves jail time

Update on State v. Antoinette Kuenzer, a case we prosecuted for the Medina County SPCA in the Medina Municipal Court.

Kuenzer was recently sentenced on her conviction for animal cruelty for starving two horses.

Kuenzer was sentenced to 90 days in jail. Kuenzer served 28 days. 62 days were suspended contingent upon successful completion of 5 years’ probation. During probation, she must submit to random drug screening, and is prohibited from owning possessing or living at a residence with animals. She is also subject to random, unannounced inspections.Photo 2

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