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Published: 7/18/2010


Cruelty cases spur call for tougher laws

BY SARAH MERVOSH
BLADE STAFF WRITER
Josh Luck found his dog Tyson bleeding one day. A neighbor and his girlfriend are charged with abducting Tyson and shooting him in the chest and eye on June 23. Josh Luck found his dog Tyson bleeding one day. A neighbor and his girlfriend are charged with abducting Tyson and shooting him in the chest and eye on June 23. THE BLADE/AMY E. VOIGT Enlarge | Photo Reprints
Sarge recovers at the Lucas County Dog Pound from six gunshot wounds. His owner and a friend are accused of firing at the dog, who was caged at the time. Sarge recovers at the Lucas County Dog Pound from six gunshot wounds. His owner and a friend are accused of firing at the dog, who was caged at the time. THE BLADE/JEREMY WADSWORTH Enlarge | Photo Reprints

Mona Guinaugh of South Toledo has been nursing her foster dog Darby back to health since the animal was attacked with caustic chemicals poured directly onto her fur.

Darby was found last month wearing a collar, dragging a leash, and with a nearly foot-long, festering wound.

"I can only imagine the leash was used to keep her still while they poured [the chemicals]," said Ms. Guinaugh, who is part of a nonprofit that rescues dogs.

Darby's story is one of several animal-cruelty cases in the Toledo area that appear part of a recent trend toward particularly cruel and gruesome animal abuse.

"These last couple of cases are some of the worst cases I've seen," said John Dinon, director of the Toledo Area Humane Society.

He and others say a combination of weak anti-cruelty laws in Ohio, when compared to other states, and stressful economic times could be contributing to the severity of the crimes.

There's also been an increase nationally in reported animal cru-elty cases, experts say.

As a result, some are petitioning Ohio to increase the penalty for animal cruelty, which is a misdemeanor for the first offense.

In the Toledo area, two dogs were shot within the last month, and both survived multiple gunshot wounds.

The accused shooters have been charged with misdemeanor animal cruelty but could have faced a felony had they lived in other states.

In one case, a German shepherd named Sarge survived six gunshots in his head and chest; the dog's owner and the owner's friend are accused of taking turns shooting him while he was caged.

Tyson, a shepherd, lab, and Rottweiler mix, was allegedly kidnapped by neighbors and shot in the chest and left eye on June 23.

According to Ohio law, animal cruelty could only carry a felony charge on the second offense.

But Mr. Dinon says he remembers only one case in which a felony charge actually was filed.

Randall Lockwood, a senior vice president with the American Society for the Prevention of Cruelty to Animals, said he considers Ohio's penalties some of the weakest in the nation.

"Ohio laws are improving, but they are still relatively weak," he said.

Toledo Municipal Judge Francis Gorman said the local court generally deals with cruelty to animals as a second-degree misdemeanor, which carries a maximum of 90 days in jail.

Judge Gorman recalled one case in which a man slit the throat of his dog. The judge gave him the maximum sentence but wished he could have done more: "I don't think the penalties are tough enough."

Unlike Ohio, a first-time offender can be charged with a felony in 43 other states.

As the recent animal-cruelty cases receive publicity, support has grown for toughening penalties for the crime in Ohio.

A major drive behind these petitions is research that shows animal cruelty correlates with other forms of violence, such as domestic and child abuse.

Among pet-owning homes with a history of child abuse, 88 percent of these homes had animal abuse as well, Mr. Lockwood said.

"We talk about animal cruelty being an indicator crime," he said.

Though it could be the result of the poor economy and high summer temperatures, an increase in reported cases nationally could be chalked up to greater public awareness, experts say.

Locally, the humane society has not reported an increase in reported cases.

Through June, the society has fielded 759 cases of animal cruelty, and most of the calls were for neglect. They include all animals but mostly involve dogs, cats, and horses.

Mr. Lockwood said it's hard to tell what's behind the increasing number of reported cases nationally.

"We don't know if this actually reflects an increase in the actual incidents or greater public awareness and concern," he said

Mr. Lockwood said the poor economy could be a factor because animal cruelty is often about power and control.

"In tough economic times and in times when people feel disenfranchised or they're out of jobs and feel they aren't having any effect on the world, that's one of the times that increase these types of crimes," he said.

Mr. Dinon said the temperature is always a factor in animal-cruelty cases, and the humane society has received its usual upswing in calls as temperatures rose this summer.

Dr. Bob Esplin, a veterinarian at Sylvania Veterinary Clinic who treats Darby for her chemical burns, signed a petition that was passed around his office to tighten animal-cruelty laws.

"I want to hold people responsible," he said.

"I want them to understand that there is a serious price to be paid if they choose to take the irresponsible route."

But Mr. Dinon is against making all animal-cruelty cases felonies, arguing that intentionally torturing an animal is different from someone who doesn't have enough resources to feed 30 cats.

"What I would argue is we need to make deliberate, malicious animal cruelty a felony and leave the rest as is," he said.

Mr. Dinon agreed the laws need to be reformed, though, and hopes stricter penalties would act as a deterrent in cases such as those involving Darby.

Ms. Guinaugh said Darby is recovering quickly.

"She has the Rotty smile," she said. "I don't think she is in pain anymore."

And she appears to have no trust issues resulting from the abuse, she said.

Ms. Guinaugh speculated that at one point, the dog had a loving home.

"I can just tell," she said. "She loves to cuddle up with you. She loves to follow me around the house."

Though the two have bonded in the past month, Ms. Guinaugh is considering putting her up for adoption.

She admits that she'd like to be "selfish" and keep Darby, but that would limit her ability to give foster care to other dogs that need temporary homes.

But she knows one thing for sure: "She's lucky to have found us, and we're lucky to have found her."

Contact Sarah Mervosh at:

smervosh@theblade.com

or 419-724-6050.



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