Posted on 04/19/2003 11:28:10 PM PDT by petuniasevan
Posted Apr. 19, 2003
Dog owner pleads no contest in mauling death
10-year-old attacked while petting Rottweilers’ puppies
The Associated Press
MAUSTON — The owner of six Rottweilers that fatally mauled a 10-year-old girl last year was convicted Friday after pleading no contest to recklessness and neglect.
Juneau County Circuit Judge Robert Radcliffe found Wayne Hardy, 25, guilty on reduced charges that resulted from a plea bargain with prosecutors that spared Hardy a trial scheduled for later this month.
“It relieves the family of having to live through five days of a trial,” said Juneau County Dist. Atty. Dennis Schuh.
Hardy could face a prison sentence of up to seven years and three months on a felony charge of recklessly causing bodily harm to a child and three misdemeanor neglect charges. He also faces up to $40,000 in fines when sentenced June 5.
Hardy’s attorney, Daniel Berkos, said he could have faced up to 60 years under the original charges in Alicia Clark’s death because he had been charged as a repeat offender.
Alicia’s parents, James Clark and Tammy Shiflett, and other relatives and friends sat in the courtroom as Hardy entered his pleas.
Family members declined to comment after the hearing, but Schuh said they supported the plea agreement.
Hardy had originally been charged with three felony counts, including being party to a homicide resulting from a vicious animal. His trial was scheduled to begin April 28.
Berkos said he thought the outcome was fair for Alicia’s family and Hardy.
“He’s always been very sensitive to the family in the loss that they’ve suffered. Unfortunately, he could never express that publicly or personally to them while this thing was pending,” he said.
Hardy was charged as a habitual offender because he had prior felony convictions for burglary and possession of a firearm by a felon.
Hardy and his girlfriend at the time, Shanda McCracken, left Alicia and McCracken’s daughter alone in their Elroy home with the dogs on Feb. 14, 2002. They returned home to find Alicia dead.
The criminal complaint said Alicia was petting one of the puppies when one of the two adult dogs apparently got jealous and started attacking her. The dogs have been euthanized.
McCracken, 33, faces the same charges that were originally filed against Hardy and could get up to 38 years in prison. She waived her right to a preliminary hearing in December and entered innocent pleas. Her trial is scheduled for September.
On one hand, the girl's family doesn't have to endure trial. On the other hand, Hardy is getting off easy.
Note the last paragraph; his girlfriend will also be charged.
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