Seriously, if this dog had had any documented injury, I guarantee the prosecutor would have used it in his proof and the news article would almost certainly have mentioned it. Including bruises or any other marks.
I'd be curious to know if this felony animal cruelty statute has a requirement for visible or permanent injury. If not, this law is just an invitation for ignorant "animal lovers" to harass people they don't like.
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?