Dog's plight spurs adoption offers

Lawrence case shows weakness of Ohio law covering cruel treatment of animals

By DAVID E. MALLOY
The Herald-Dispatch
malloy@hdonline.com

IRONTON — Offers to adopt a 1-year-old female golden retriever are coming in from across the country after a Lawrence County animal cruelty case was put on the Internet several weeks ago.

The case has generated between 150 to 200 letters and e-mail messages to Lawrence County Prosecutor J.B. Collier Jr., asking him to pursue the case to the fullest extent of the law. A pre-trial is set today in Ironton Municipal Court for a 36-year-old Pedro man facing a misdemeanor charge of cruelty to animals.

The case also has generated comments about the weakness of Ohio's animal cruelty law. The Humane Society of the United States has called Ohio's law the weakest of all the states based on penalties for offenders. The state legislature currently is considering a tougher law to make some instances of animal cruelty a felony, a law that 27 other states have, but not Ohio, Kentucky or West Virginia.

Carla Beasley, county humane society officer, picked up the dog humane society officials have named Sunny Sunshine on Aug. 29. A metal chain placed around the dog's neck was so tight it was cutting several inches into the animal's skin. She also was suffering from mange.

"She's better now, but she still has a long way to go," Beasley said Wednesday. "The wounds and the mange are healing well."

Her husband, Robert Beasley, treasurer of the Lawrence County Humane Society, said a friend of the county society set up a Web page for the society several weeks ago. The web address is www.irontonshelter.org.

The case involving Sunny was among two featured on the local humane society's Web site. The society has received offers from California, Arkansas and Chicago to adopt the dog, he said.

He said he had to take a wrench to get the chain from around the dog's neck. The dog also had open sores and maggots, he said.

In states like Michigan, Indiana and Pennsylvania, animal cruelty charges can lead to the filing of felony charges. In Ohio, the maximum penalty is a 90-day jail sentence, a $750 fine, or both as part of the 125-year-old law, Beasley said. Contrast that with Louisiana where a 10-year sentence is possible or Oregon which has a maximum $100,000 fine, he said.

"We do need to change the law," he said.
A bill to do just that currently is before the state legislature in Columbus, said Linda Reider, program coordinator for the Humane Society of the United States, Great Lakes region. That office in Bowling Green, Ohio, covers Ohio, West Virginia, Indiana and Michigan.

"The law is woefully inadequate in Ohio," she said. "It needs significant changes. Ohio's law has been rated the worst in the nation by Ohio Legislative Services which drafts bills for the legislature."

House Bill 108 would make some aspects of animal cruelty a felony. Neglect still would remain a misdemeanor under the bill currently in the criminal justice committee for hearings, Reider said. One aspect of the bill gives courts the options of having defendants undergo psychiatric counseling, she said. Its passage is by no means assured, she said. A bill that would weaken the existing law also could be considered by the legislature, she said.

County Prosecutor J.B. Collier Jr. said he takes this case seriously. He also isn't happy that Ohio's laws limit what he can do in the case. "We'll prosecute it vigorously," he said.

"I'd like to have the ability to consider more serious charges," Collier said. "There's not much room to move in these cases. I'd like to have the ability to have the grand jury consider more serious charges."

Robert Beasley said these cases need to be taken to court. He cited a 1996 survey conducted by Ohio State University which showed that of more than 25,000 complaints of animal cruelty or neglect in Ohio, only 85 charges were filed with state courts.

Local figures mirror those numbers, he said. When Ohio cases are minor misdemeanors, law enforcement agencies don't feel it's that important to pursue most of them, he said. The society tried unsuccessfully earlier this year to get the Lawrence County Board of Commissioners to pay for a special prosecutor to handle animal cruelty cases.

"The Justice Department's booklet published this past summer to help administrators identify potentially violent students list animal cruelty as one of the warning signs," he said.

Jody Crowe, a Huntington resident, said the case should be prosecuted to the fullest extent of the law. "This person should never be allowed to own or be in possession of pets for any reason," she said in an e-mail to Collier.

Ginny Weller, a Carlisle, Pa., resident who read about Sunny on a "Golden Retrievers in Cyberspace" Web site said she "cannot express to you the amount of anger, hostility and heartbreak I evoked all at once while reading Sunny's story and seeing her picture."

She wrote to Collier "with an unstoppable flow of tears for Sunny. Someone must finally let the world know that animal abuse will no longer be taken lightly. Someone must finally pay the price and be the example. Animal abuse penalties are taken so light and the abusers are given a little, tiny fine and a slap on the hand."

"Abuse is abuse no matter who or what it is to," she wrote. "When will someone finally push the lawmakers, judges and all others into realization?"

The Herald-Dispatch does not usually publish the names of people charged with misdemeanor crimes.

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