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Case ID: 11419
Classification: Neglect / Abandonment
Animal: dog (non pit-bull)
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Attorneys/Judges
Judge(s): Robert Lyons


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Case #11419 Rating: 3.3 out of 5



Dog with chain embedded in neck
Somerville, OH (US)

Incident Date: Thursday, Mar 29, 2007
County: Butler

Charges: Misdemeanor
Disposition: Convicted
Case Images: 6 files available

Defendant/Suspect: Otis T. Clark, Jr.

Case Updates: 8 update(s) available

A 2-year-old dog had emergency surgery Thursday after a Somerville woman found the animal with a chain embedded in its neck, officials said.

The chain was removed from the white German shepherd and husky mix's neck in a 40-minute surgery, said Leland Gordon, executive director of the Animal Friends Humane Society.

The dog's owner, Otis Clark Jr. of Mound Street, was charged with animal cruelty, no license and dog running at large, said Capt. Vickey Steier of the Butler County Animal Control.

Gordon said the female dog, now named China, had been left on a chain at Clark's house but broke loose and was taken to the humane society.

"This happens over time with these dogs since the owners don't spend any time with them," Gordon said, adding it would take at least two weeks for skin to grow over the chain.


Case Updates

Press release from Leland Gordon, director of the Animal Friends Humane Society (For a story on what he's talking about, go here):

Where in the world is China?

Humane Society officials announced today that they are concerned with the welfare of China the dog.

Recently, after getting a cruelty complaint the dog warden and probation department visited China. Otis Clark Jr. was found to have violated two terms of his probation. If the probation department visited Otis Clark Jr. as they were supposed to pursuant to Judge Lyons' original sentencing they must have missed these violations.

For instance, China did not have a 2008 license on her which was required by January 31 of this year. Clark had also not taken China to regular vet visits which were also required under the sentencing terms of his 2007 animal cruelty conviction.

These missed probation terms would not have been missed had Judge Lyons assigned dog wardens to monitor the dog and not probation officers. In addition, China was found dirty, living as an outdoor dog in a pen. Shortly after the surprise visit, Clark allegedly sold the dog.

We have been trying to assess the welfare of China. However, the Butler County Adult Probation Department has been unwilling to release the address of where China is living or allow an animal control officer to check on the dog. A probation officer did tell the Humane Society that China is living with an elderly woman in Hamilton County. At this point China could be chained to a tree, living outside in a pen, or be a family pet. The dog could also be living with relatives of Otis Clark Jr. We are also not sure if the probation department has even seen China in her new home. A probation department representative stated "they had no authority to search the house or grounds for the dog". That same representative also stated that this matter is "resolved".

Judge Lyons' sentencing clearly stated that Clark was to forfeit the dog if he did not meet the terms of his sentencing. In addition, the Humane Society has learned that Clark paid $80 as a result of his latest violation and it seems like there will be no jail time. Once again, even with multiple probation violations it seems Judge Lyons has let Otis Clark Jr. off the hook.

We are hoping that the new owner of China will appreciate how many people at the Humane Society and in our community care about China. The Humane Society is also hoping that they will get a call from the new owner and be allowed a visit China. A visit to China and confirmation of good living conditions will help bring closure to this saga.
Source: journal-news.com - May 14, 2008
Update posted on Aug 12, 2011 - 4:23PM 
The man at the center of a high-profile animal cruelty case last year is due back in court May 15 for failing to secure a license for the same dog or take it for a court-ordered checkup.

A Butler County Dog Warden's report states the dog, a white shepherd named China, was found in questionable conditions - dirty water, no food and a neck stained from the ink on its collar - after a complaint April 23 .

On Monday, April 28, deputies learned that the dog's owner may have sold it for $500.

China's owner, Otis Clark Jr. of 6800 Hamilton-Eaton Road in Milford Twp., regained custody of the dog last year after pleading guilty to animal cruelty when the dog was found with its chain embedded in its neck.

Animal rights activists were outraged by the dog's return to its owner in August 2007, and this week spoke out about the animal's condition.

"We were really hoping that (Clark) and his family would have given China a good life," said Animal Friends Humane Society Director Leland Gordon. "Unfortunately, China once again ended up as a lawn ornament."

Clark did not return calls for comment.

Gordon said the neglect that left China with a chain an inch deep in its neck, forcing emergency surgery, is not unusual.

Shelter officials said they're looking for the owner of a young, male shepherd mix that was picked up on Saturday, April 26, on Allstatter Avenue in Hamilton with a chain in its neck for possible cruelty charges.
Source: Middletown Journal - April 30, 2008
Update posted on Apr 30, 2008 - 9:55PM 
The dog owned by defendant Otis Clark is to be returned to defendant Otis Clark under the following conditions:

1. The dog is licensed

2. The dog is not to be tied


3. The dog is to be vet checked every 90 days and results given to Mr Clark's probation officer. If the dog is not being properly cared for, it would constitute a probation violation. The first vet check is to be done on or about November 2, 2007. Failure to do the required vet checks would be a probation violation.

4. Mr Clark will be subject to random home visits be the probation department. If the probation officer finds that the dog is not being properly cared for it would constitute a probation violation.

5. Mr Clark is to make full restitution to the Humane Society, the payments are to be made in accordance with the payment agreement established through the probation department. Failure to make the agreed payments will constitute a probation violation.

6. Mr Clark is to read the book on dog care given to him by the court.

The dog is to be returned to defendant Otis Clark once the dog is licensed. If Mr Clark does not comply with the orders of the court or the terms of community control the dog will be forfeited and Mr Clark will face the possibility of 180 days of incarceration.
Source: WLWT News - August 2007
Update posted on Aug 9, 2007 - 2:44PM 
People are incensed today a judge returned a Butler County dog to the animal's owner who pleaded no contest to abusing the animal.

The dog had been left tied outside so long that a chain embedded in her neck more than an inch deep. It had to be surgically removed, leaving the dog with permanent scars.

"It looked like someone pressed a chain into ground beef – it was that disgusting," Cochran said. "I never met this dog, but I saw pictures of her injuries, and that was enough for me to care about what happened to her. I'm in disbelief over the judge's decision. It's such an injustice. Poor China. She never got her day in court."

Clark had refused to sign away ownership of China, leaving her ineligible for adoption until Lyons decided the case.

Clark's lawyer, Dan Hurr, has said his client loved the dog and therefore didn't want to give her up.

Clark pleaded no contest to an animal cruelty charge July 12 after China had remained in the custody of the Butler County animal shelter for 3½ months.

Leland Gordon, executive director of the Animal Friends Humane Society, said China's caretakers felt ambushed when Clark showed up with Lyons' order in hand Saturday – five days before anyone expected action in the case. Clark had been set for sentencing Thursday.

Lyons ordered Clark to reimburse Gordon's agency for China's care, and also ordered Clark to take China for veterinary checkups every 90 days. In addition, Lyons ordered Clark "to read the book on dog care given to him by the court." The order does not say what book was provided or how it was selected.
Source: enquirer.com - Aug 5, 2007
Update posted on Aug 6, 2007 - 12:25PM 
A man who was convicted of animal cruelty will be allowed to get his dog back, but he must follow a list of conditions to care for the animal.

Otis Clark, of Oxford, pleaded no contest last month to charges related to the abuse of his 2-year-old dog, China, and he petitioned to get it back.

Judge Robert Lyons allowed Clark to care for the dog, provided that it is licensed and is not tied up.

The dog also must be checked every 90 days by a veterinarian, and if Clark does not comply with the judge's orders he will be considered in violation of his probation.

Clark must read a book on dog care given to him by the court and is subject to random home visits by a probation officer.

If he violates the terms of his probation, Clark must forfeit the dog and would face up to 180 days in jail.
Source: WLWT - Aug 5, 2007
Update posted on Aug 6, 2007 - 8:29AM 
A man charged with chaining up his dog so tightly the chain had to be surgically removed from her flesh wants the animal back.

Otis Clark pleaded no contest Thursday to charges related to the abuse of his 2-year-old dog, China, who is recovering from surgery it had in March.

"We had 20 people who wanted to adopt her and weren't going to chain it up 24-7, (but) they couldn't do anything," said Leland Gordon from Animal Friends Humane Society.

Clark, of Summerville, had initially pleaded not guilty but changed his plea before his scheduled hearing in Butler County Court.

"This was a clear-cut case, and I was hoping with a guilty sentence it would send a message to people we're not going to take it anymore," said dog lover Denise Harrington, who demonstrated outside the courthouse.

China will remain with animal control until Clark's next court hearing, scheduled for next month.

"Justice has once again been postponed for this dog," Gordon said.

Clark declined comment Thursday afternoon.
Source: Yahoo News - July 13, 2007
Update posted on Jul 16, 2007 - 3:20AM 
The owner of a dog that was found nearly four months ago with a chain embedded an inch deep into its neck pleaded no contest Thursday to charges of animal cruelty.

A Butler County judge will decide Aug. 9 whether Otis Clark Jr., 48, of Somerville, will have to spend up to six months in jail and pay up to $1,000 in fines.

Meanwhile, the dog, a white Shepherd mix named China, must remain caged in an animal shelter because she is still considered "evidence."

Area animal lovers called the situation unfair to the dog - and to nonprofit Animal Friends Humane Society, which already has spent more than $1,200 for her care.

Although Clark no longer contests the facts of the case, he hasn't surrendered ownership of China. His lawyer, Dan Hurr, says his client and his three children love the dog and want her back.

But Beverly Cochran of Colerain Township, a volunteer for the Trenton shelter, said leaving a dog chained up so long and so tightly doesn't show love or concern. Cochran said photos of the dog's injuries sickened her.

She was among about a half-dozen people who came to court Thursday afternoon to show support for China.

"The sad thing is that there are people lined up wanting to love this dog back to health," Cochran said.

The dog cannot be offered for adoption unless Judge Rob Lyons orders the dog's ownership transferred to the Humane Society or unless Clark signs away his rights to the dog.

Lyons declined to comment on animal activists' contention that the case was handled earlier than scheduled to avoid publicity or protesters.

Hurr said the case was scheduled for 1:30, and Leland Gordon, the society's executive director, said he and others were subpoenaed to testify at 3 p.m. They were stunned to find the plea had been entered before they arrived around 2 p.m.

Gordon said that most people accused of animal cruelty will relinquish ownership, which is not an admission of guilt but allows the Humane Society to find another home for the animal.

"I understand everyone has the legal right to say they're not guilty, but it should be handled quicker," he said.

"They could have returned the dog to the owner," Hurr said. "I don't know that they're required to keep it. I understand that they're upset about it, but I think my guy loves his dog. That's what he told me, 'I love that dog.'"

But Gordon says: "If you did stuff like this to a child, you'd lose your children."

Gordon said he'd like to see Clark jailed for at least as long as China has been caged.

"This dog has sat in a cage for four months," Gordon said.
Source: The Enquirer - July 14, 2007
Update posted on Jul 14, 2007 - 12:44PM 
While an animal cruelty case is held up in court, a rescued dog remains without a home, humane society officials said.

The dog, a white German shepherd and husky mix, had a chain embedded in its neck when it was found in March. The chain was removed by emergency surgery and the dog, named China by workers at the Animal Friends Humane Society, has been in the care of the society since then, said Leland Gordon, executive director of the Trenton shelter.

A small group of humane society workers and supporters gathered Thursday outside the courthouse in Oxford, where the dog's owner, Otis Clark Jr. of Mound Street in Somerville, pleaded no contest to animal cruelty, reversing his previous not guilty plea. Sentencing will take place Aug. 9.

In the meantime, China must remain in the humane society's care because Clark has not signed away ownership of the dog voluntarily.

"The dog has to sit in our system for at least another month now, while we have 20 people who would like to adopt it," Gordon said. "Justice has once again been postponed for this dog. ... We just want to bring it to a good home."

Gordon said an animal's skin will grow over a chain if it is left chained up several weeks or more. When China was found by a neighbor, it was dragging the chain, which had come loose, from its neck.

"It's incredibly painful for the dog. It's a sign of severe mistreatment," Gordon said. "This kind of thing happens more than you think. We're here to raise awareness and say it's not how you treat an animal."

Clark declined to comment Thursday.
Source: Journal News - July 14, 2007
Update posted on Jul 14, 2007 - 12:40PM 

References

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