Man gets 2 years in prison for whipping his pet dog

Frederick News Post ^ | Thursday, March 18 2004 | Susan C. Nicol

[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."

[Gargantua]

If I see a dog owner (guy) beating his dog, I'll tell him he can either stop hitting the animal or find out what it feels like to get beaten.

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.

;-/

[AnAmericanMother]

The remote "sit" or "down" is the best command in the book.

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.

[HairOfTheDog]

But my dog has figured out that the collar produces the shock - she straightens up and flies right with the collar on even when the batteries are run down. She also recognizes the collar box when I take it off the shelf.

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.

[American_Centurion]

Re: animal rights nutcase, you asked if I could imagine why the boys would testify against the man, and I gave you an easy scenario.

Even if he "really let the dog have it" IMO unless this dog recieved life threatening or debilitating injury the abuse wasn't of FELONY caliber. The fact that they state the dog was treated by a vet and then no other mention other than "not seriously injured" tells me this guy has a FELONY conviction on his record that he doesn't deserve.

FYI if you get a felony conviction you lose all kinds of rights for life. Now this guy happened to give those up due to alcohol abuse but the cruelty conviction, if it stands, is now precedent for incarcerating and convicting someone for "animal cruelty" alone. IMO the standard for what is felony cruel should be set a hell of a lot higher than some bruises and scrapes.

These laws being placed in the felony category are intended to identify criminals who have potential to be dangerously violent to society. Yes beating this dog makes him an ass, but I see no evidence that he may eventually step up to endangering society.

Take his dog, fine him, give him a warning that he doesn't know how to treat animals. But felony conviction is waaaaaaaaaay over the top.

[AnAmericanMother]

And they wonder why the dog ran away. Guaranteed this man beat his dog before.

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.

[American_Centurion]

What I want to ask is: do you feel that any cruelty to animal law is unjust/foolish? If not, where do you draw the line?

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.

[Gargantua]

There is a monstrous chasm of difference between giving a dog a needed disciplinary correction and actually, cruelly beating a dog.

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.

;-/

[newcats]

Animals are a person's property to do with as they wish.
So if I wanted to skin my dog alive, on my front porch, then hang it there for the whole world to see...that would be just fine with you?

[Shryke]

For 'treated' read 'examined' and you'll probably be more on target.

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?

[American_Centurion]

Good for you, at least you believe enough to risk a conviction of your own to prevent it.

[AnAmericanMother]

The folks who run agility are WAY ahead of you - all the dogs run "naked" in USDAA trials, no collars, no nothin'. That was a problem in and of itself, so I started doing runthroughs with Shelley without her collar on. It helped.

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.)

[Gargantua]

If two guys decide to duke it out, that is a mutually agreed contract by two consenting adults with no "conviction" applicable.

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.

;-)

[HairOfTheDog]

There is NO SITUATION where the animal is "better off" for having been savagely beaten

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.

[Shryke]

I understand your reluctance to assign felony status to the act of whipping a dog. I am also aware of the serious, almost-permanent nature of a felony conviction. You've got some good points, no doubt. My questions to you were aimed at your apparent conclusion that his guy was falsely accused. I wanted to point out that it is highly possible that he wasn't. Additionally, this guy is the first person convicted of the crime in the county. Is that a fair sample to use when denouncing a law? In all probability, the DA through the book at him because he's a danger to other drivers.

[AnAmericanMother]

Well, first of all I don't have the thick skin and heavy coat of a hunting dog. I'm also a lot taller, so blows from a man are going to land directly and with a lot more force. A typical Springer is about 19-20" tall. My dog is 20 1/4" at the shoulder, and I'm not very tall, but I still have to lean way over to pet her or grab her collar (unless of course like most Labs she's standing on her hind legs and grinning at me). Add that to the fact that this guy was drunk, and a lot of the "whaling" the witnesses saw was blows that didn't land and windups that went nowhere. That would explain the relative lack of injury. As to why he didn't petition for the dog back, it was a recently acquired rescue and he decided it wasn't worth the trouble.

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.)

[Gargantua]

"I don't want to imprison people who just needed a little advice on better dog training..."

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.

;-/

[rintense]

Well the felony charge is clearly a moot point. But considering the actions the owner took, beating a dog he claims was afraid of traffic and wouldn't come to his call, jail time is well deserved. His arguments show very little logic as did his actions. Cruelty to either man or beast is unacceptable in my book.

And yes, I confess that animals are my most liberal 'cause'. I know I'm not alone on FR either. ;)

[SquirrelKing]

First Pee Wee Herman,

Then George Michael,

Now Terry Love.

[HairOfTheDog]

The folks who run agility are WAY ahead of you - all the dogs run "naked" in USDAA trials, no collars, no nothin'.

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...

[American_Centurion]

I have no doubts this guy was accused rightly of abuse. However, to my knowledge, conviction under this "cruelty" law is a felony, and there aren't any misdemeanors associated with animal abuse that I know of.

In fact this wasn't the first person charged with this crime, last year a man shot and killed several of his neighbors cats because they kept coming on his property, he was acquitted of the cruelty charge.