Case Details

33 dogs found living in deplorable conditions
Dresden, OH (US)

Incident Date: Monday, Apr 30, 2007
County: Coshocton
Local Map: available
Disposition: Dismissed
Charges: Misdemeanor

Person of Interest: Harold Stevens

Case Updates: 1 update(s) available

Case ID: 11508
Classification: Neglect / Abandonment
Animal: dog (non pit-bull)
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A Coshocton County man entered a not guilty plea to cruelty to animals, a second-degree misdemeanor, in Coshocton Municipal Court this morning.

Harold Stevens, 46, of 16694 Township Road 437, was arrested on the charge last week after Coshocton County Sheriff�s Office deputies found 33 dogs living in deplorable conditions, according to officials.

Stevens next court date has been set for a 2 p.m. June 29 trial.

Meanwhile the care of the animals has put a strain on resources at the Coshocton County Animal Shelter, which was housing more than 30 dogs, 60 cats and between 35 and 40 kittens before the influx of Jack Russell Terrier dogs placed under its care.

Friends of the Animal Shelter is seeking donations to assist with feeding the extra animals and has contacted area businesses which will serve as drop-off points for a Pet Food Drive.

Buehler�s Food Market, Baker�s Foods, Tractor Supply Co. and Wal-Mart Supercenter have set up special areas for pet food donations to help assist the shelter. Dry dog food is needed.

It is taking one large bag of food per day to feed the additional dogs, according to FOTAS, therefore the Pet Food Pantry at the shelter is closed indefinitely.

Financial donations can be sent to: Emergency Pet Food Drive, P.O. Box 1408, Coshocton, OH 43812; or bags of dry food can be left at any of the four locations or the shelter from 9 a.m. to 4 p.m. Monday through Friday or until noon Saturdays.

Case Updates

An animal cruelty charge against a Washington Township man was dismissed last week after a judge ruled law enforcement failed to meet a burden of proof.

County Municipal Court Judge Timothy France filed an entry Sept. 7 and ordered the dogs that were taken from the home of Harold Stevens in May be returned.

Stevens, 46, of 16694 Township Road 437, near the Coshocton-Muskingum County line, was found not guilty after a bench trial on Aug. 31. He had been charged with second-degree misdemeanor cruelty to animals after sheriff's deputies found the dogs, mainly Jack Russell terriers, living in what authorities described as "deplorable conditions."

France ruled that although the dogs were confined, the specific allegation in the complaint - that Stevens did, beyond a reasonable doubt recklessly fail to provide a sufficient quantity of good wholesome food and water - was not met.

"There is no question that the dogs were confined," France wrote in his judgment entry. "There is also no question, in this Court's mind, that the dogs had sufficient or adequate wholesome food as the defendant had 250 pounds of food available."

"If the dogs had been malnourished, the veterinarian (Dr. Heilman) would have known," France said.

Later in the entry, France called the animals' living conditions "questionable," the pens and cages "haphazard at best."

"The whole farm seems to be a melting pot for trash and miscellaneous items," the judge wrote.

But he said there was no evidence presented to show that the dogs were adversely affected by the lack of water, or the condition of their water bowls - many with feces or algae in them.

Sheriff's Lt. Don DeVore said many of the dogs lacked access to clean water, were locked in cages with no shade, or, in the case of a St. Bernard, were tied to a tree and had to drink from any water which deposited at the base of the tree.

"Apparently, the judge looked at the water issue, and not the totality of the case," DeVore said. "I had our Humane Officer, Chris Sturtz with me, and it was our belief we were justified in why we did this. I still stand by my decision of May 31. This one's on the judge."

Besides the Saint Bernard, there was a golden retriever in a pen with particle board and no shade, and four dogs were found in a steel stock trailer, DeVore said. Water bowls either contained feces or stale, contaminated water.

"It was in the mid to high 80s that day. Our concern was getting them out of there," DeVore said, noting that authorities were admonished for not giving the dogs water during their investigation at the home, which took about six hours. "The court was focused on just the water."

City Law Director Bob Skelton said he's not sure what more the state could have presented in the case to change the outcome.

"Clearly these dogs were without water for a substantial period of time," Skelton said. "...This isn't Mrs. Smith who lets her dog out in the morning and it runs around and runs out of water ... there were 33 dogs, and 29 didn't have water."

Sturtz said Ohio's animal cruelty laws aren't specific, and the judge simply ruled within the law.

"This was almost a cut and dried case," Sturtz said. "But Skelton still had to prove that the owner was at fault. I understood where the judge was coming from, but I was disappointed. To someone like DeVore this was just an awful case. But I've been doing this job for 20 years, and I've seen a lot worse. I've seen dogs down and dying."
Source: Zanesville Times Recorder - Sep 12, 2007
Update posted on Sep 16, 2007 - 1:33AM 

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References

The Coshocton Tribune - June 4, 2007

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