Posted on 03/18/2004 6:17:05 AM PST by American_Centurion
FREDERICK -- A Dorchester County man who was sent to prison Wednesday for whipping his dog was the first person to be convicted in Frederick County for felony animal cruelty. Terry Love, 32, of East New Market, also was convicted of driving under the influence of alcohol and a second count of animal cruelty.
District Court Judge Frederick Bower said he was impressed with the testimony of the witnesses, including two boys.
When Love stopped into a gas station in Myersville last Nov. 3, his springer spaniel jumped out of his truck and ran away, court testimony revealed.
A witness who saw Love staggering and unsteady had already called police because they didn't think he should continue driving.
When the dog, named Ranger, ran into a nearby field, Love drove after him, court testimony revealed.
Love eventually caught Ranger, and started beating him with a leash. One witness demonstrated how Love wailed on the dog by raising his arm well above his head.
Love was arrested at the scene by Maryland State Police Cpl. Jay Robinson, and Ranger was taken to Frederick County Animal Control to be treated by a veterinarian.
Love testified the dog wouldn't come back to him because the traffic scared him. He said he lives in the country, and Ranger is not used to noises.
He said he got Ranger from a springer spaniel rescue group, and had her for about two months before the incident.
Love said he did not petition the court to get Ranger back.
Assistant Public Defender Kevin Young said his client loved the dog.
He also argued that since his client was described as stumbling drunk, he could not have intended to mutilate or severely beat the dog.
But Assistant State's Attorney Kirsten Daggett said witnesses testified they saw him punching the dog as well as flogging and dragging it.
She said five empty beer bottles and a nearly-empty fifth of vodka were found in the truck, and witnesses who called police felt he was "wasted."
Judge Bower said he listened carefully to all the testimony, saying he believed the witnesses to be credible and true. He also said he was impressed that they took the time to get involved in the matter.
Ms. Daggett said it was Love's fourth alcohol-related offense.
Judge Bower sentenced Love to two years in prison for the felony cruelty offense, 90 days for the other and two years for the driving under the influence. The terms will be served concurrently.
Love also was fined $500 plus court costs on the alcohol charge, and given credit for four days he spent in jail.
Judge Bower said he would not stay the sentence for appeal, ordering that the term to begin immediately.
Love was led from the courtroom by Bailiff Alice Moore.
After the hearing, Ms. Daggett said Ranger, who was not seriously hurt, was adopted by a family.
The felony animal cruelty offense carries a maximum penalty of three years in prison.
Ms. Daggett lauded the witnesses, especially the boys, who testified. "They all did a terrific job."
Defenseless animals being subjected to cruelty I will not abide. I don't care if the aggressor is the owner of the animal, either. He'll either stop, or I'll knock his teeth out the back of his head... and that's when I'm in a good mood.
;-/
When we're walking an agility course, the dogs are all in sit stay or down stay back behind the starting line. Shelley will sometimes get curious about what's going on (especially if I'm doing an intense walkthrough and physically working out movements like front crosses &c.) and will get up to come see what I'm doing. All I have to do is turn around, give her the hand signal and call, "Shelley, SIT!" and she plants her stern on the ground instanter.
I've also trained her to sit at EVERY curb when we are walking. I just hope it helps.
For my dog, the collar meant work, like pulling out my shotgun or hunting vest, or the ball I used to train obedience. He got excited when the collar went on.
Can I confess to a cheat I did without ruining my reputation? ;~D
Logan would misbehave at obedience shows precisely because he didn't have the collar on. (He would get up and mount the dog next to him in the sits and downs. Ack!) I had a brass plate with his name on it made, that fit the holes for the leather collar the remote trainer was on. I just left the attachment rivets on the name plate a little long.
Not necessarily. The dog was a rescue, and he had only had it for a short time. Rescues sometimes come with some very difficult issues that take time to work out. Some dogs run away to assert their independence, or just because they like to run.
That said, the man was a fool to have a recently adopted dog (with possible issues) in his vehicle without having it crated or attached to a seat belt. At the very least, it should have a 20' line on its collar at all times until he's sure it won't run.
BTW, I have never hit my dog (other than cuffing her under the chin with an open hand for a serious offense) and I would certainly try to stop anyone who was beating an animal. But I don't think this sounds like a felony.
Torture, debilitating injury, life threatening injure purposely inflicted, these are felony abuse caliber crimes. Kicking, swatting, dragging, or hitting, is abuse but should result in a fine, strong admonishment, and loss of ownership. Felony convictions take liberties away for life the standard, even for an ass, should be to protect his constitutional rights over the dogs, always.
There is NO SITUATION where the animal is "better off" for having been savagely beaten, and that is a point which can be proven quite easily, though it is extremely painful for the student when thoroughly demonstrated.
;-/
You may be right, but I don't think so. Let me ask you to do this: picture yourself being beaten by this man, who was drunk, with a leash, with fists, and "raising his arm above his head". Is it possible you are not going to be injured to the point of felony assault? Yes. Is it probable? Very doubtful. I know it's a damn gray area between firm discipline and cruelty, particularly to an observer, however, given the fact that several witnesses stepped forward to denounce the guy, I'd guess he crossed it. Honestly, if he loved the dog, why wouldn't he petition for it back?
We decided to do agility rather than obedience because my dog has a very hard time sitting still. She'll do it, but 5 minutes outside the view of her handler is so far outside the realm of possibility it wasn't even worth trying for.
Besides, she just LOVES doing something that requires her to run around, jump over things, climb things, and bark (she is the fastest Lab you ever saw - really fast.)
If one tells two "Stop beating that animal or we're gonna tangle", and two keeps beating the animal, two has told one "Let's tangle."
It's a contract.
;-)
Insert the word 'savagely' and of course you are right. I just know that punishment often looks ugly to a spectator, and I can understand the anger and fear that would cause a man to be very hard on a dog that had been runnin' wild through traffic. I know it isn't the best way, which is why we have been discussing better ways.
My dog had a pretty high threshold for making a behavior 'not worthwhile' any more. Few of the times I had to drop and thump my 'poor' labrador did I have witnesses or I might have been convicted too, even though I am a chick, and assumably less capable of real harm. But I was the best thing for that dog for 16 years, and we did great things together, once we figured each other out.
I had another dog who would be emotionally crushed for the day if I so much as raised my voice harshly. No one would have beat her or they should be shot. If I had only ever owned dogs like her I would agree. But they aren't the same, and absent injuries to the dog, I don't want to imprison people who just needed a little advice on better dog training.
I could see a wide range of punishment for this guy, including an order that he undergo "obedience training" at his own expense or an order that he not own any animal for a period of years. But a felony conviction is way, way too much. You may not get a felony conviction for assaulting a HUMAN BEING, for heavens sake. (Simple assault or battery are still misdemeanors in a lot of states.)
I agree completely. Sometimes all they need is an object lesson applied with a firm hand. "Drop and thump" 'em, I think you called it. I kinda like that.
;-/
And yes, I confess that animals are my most liberal 'cause'. I know I'm not alone on FR either. ;)
Then George Michael,
Now Terry Love.
Ack! - Foiled! :~D
Although he would have been fine for Agility as he was for the moving excercises in obedience. Alone in the ring he was fine. It was the sits and downs he couldn't do, his only interest being which dog he could go climb on when I got out of sight. He even got his butt chewed by a male shepherd he tried to mount at a show. He still wanted to try again!! The boy needed neutered, and he finally was, but too old to do the jumps to finish Advanced AKC obedience. I completed his CDX by only showing him outside on grass (rather than indoors on concrete) But the jumps in Utility are so high (twice their shoulder height) that as an older heavy-ish dog, he started hurting himself landing.
Here he was still tryin' at 15 though!
He's been gone almost a year now.... snif...
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.