Case Details
Case Snapshot
Case ID: 14311
Classification: Neglect / Abandonment
Animal: dog (non pit-bull)
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Attorneys/Judges
Prosecutor(s): Jeffrey Smith
Judge(s): Donald. R. Capper




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Case #14311 Rating: 1.4 out of 5



Dog found with embedded collar
Proctorville, OH (US)

Incident Date: Friday, Jul 25, 2008
County: Lawrence

Charges: Misdemeanor
Disposition: Convicted

Defendant/Suspect: David Bruce Skinner

Case Updates: 3 update(s) available

Sentencing for the owner of a Golden Retriever who was the victim in a high-profile animal abuse case will be in two weeks.

David Bruce Skinner, 44, of 23201 State Route 243, Proctorville, went before Lawrence County Municipal Judge Donald. R. Capper Friday morning during an arraignment hearing on the charges.

Skinner pleaded no contest to a criminal affidavit alleging that he "did have a dog chained to his tree with the chain so tight it tore into the neck of dog causing serious injury to the animal."

The plight of Hammer has captured the attention of the Tri-State who saw photos of his bloody neck after the chain that held him to the tree grew into his skin and had to be surgically removed.

Skinner had few words to say in court and refused to speak to a reporter about the incident afterwards.

Since the defendant was pleading no contest, Capper requested a report from the prosecuting attorney before determining the sentence.

Assistant Lawrence County Prosecutor Jeffrey Smith read to the courtroom statements made at the time of the investigation by Lawrence County Sheriff's Deputy Jason Newman.

Newman stated he was called to the scene on July 25 in Rome Township because of the concern of neighbors about the dog. They stated Skinner did not seem to be living there at the time but would come to the house for a few minutes.

Newman observed the chain cutting into the neck of the dog; that it was imbedded in the skin of the animal; and that it was infected, according to the information Smith told the judge.

The Lawrence County dog warden was contacted at the time but said he was unable to come to the scene. Neighbors then took the animal to a local veterinarian, Smith said.

Smith also told the court there were photographs of the injuries to the dog.

Additional information from Newman's affidavit stated that Sharon Jenkins, a neighbor, had been feeding the dog. Jenkins was the neighbor who contacted the police.

"The bottom of the neck of the dog was very infected," Newman's report said. "The dog had pus and several cuts from the chain."

Dr. Steve Mahnken was the vet who cared for Hammer and reported back to the deputy.

"He states that the chain was possibly on the dog for approximately four or five months," Newman stated. "The chain was actually under the skin from where the skin that was damaged had grown back over the chain. � Dr. Mahnken stated he has been a veterinarian for 18 years and has never seen a dog in this type of medical condition."

The crime is a second degree misdemeanor whose penalty is 90 days in jail and a $750 fine, Capper said.

The judge postponed sentencing because he wanted to know the total cost of the vet bill so Skinner could make restitution.

The judge set sentencing for 10 a.m. Aug. 15. Skinner is free on a $1,000 signature bond.

Currently the dog is recuperating at the Best Friends Animal Hospital in Teays Valley, W.Va.


Case Updates

The court-ordered punishment for the man at the center of a high-profile animal abuse case followed the sentencing guidelines set out by the Ohio Revised Code, says the presiding judge in the case.

David Bruce Skinner of Proctorville pleaded no contest Aug. 1 to allowing a chain to grow into the neck of a Golden Retriever he owned and cared for. The dog was rescued on July 25 by concerned neighbors and a county sheriff's deputy.

The chain had to be surgically removed and the veterinarian who handled the case said he had never seen a dog in that type of medical condition.

Lawrence County Municipal Court Donald R. Capper sentenced Skinner on Aug. 28 to pay restitution of $2,198.05 to the vet, Dr. Steven Mahnken, a fine of $400 and court costs of $90. Because of a misreading of a computer docket entry, The Ironton Tribune incorrectly reported that the fine and court costs had been suspended.

Capper also sentenced the dog owner to 20 days in jail, which was suspended contingent to his completing 60 hours of community service.

In both a five-page judgment entry filed with the court and in an interview with The Ironton Tribune Capper defended his decision, noting he was well-aware of the public interest in the case following several newspaper stories and segments on a local television station.

The judge reiterated that his decision came clearly within the sentencing guidelines.

"The public can be out there with pitch forks and torches," he said. "That is not what judges are supposed to consider. I considered the law."

Capper said on a weekly basis he presides over cases of deliberate abuse against women and children.

"There is nobody there on those cases, no TV, no newspapers," he said. "They don't get any coverage. Those are usually blatant intentional harm inflicted. We have cases all the time with child abuse, women being abused. It doesn't get this kind of media."

Suspending the jail sentence was based on several factors, Capper wrote in his decision.

"The defendant does not have a history of persistent criminal activity. � The court therefore finds that there is not a substantial risk that the offender will commit another offense like the one charged here or any other offense," the entry stated. "The court further finds that the offender is not a substantial risk or danger to others. The court further finds that the defendant is employed full-time."

Another factor was that he did not believe the abuse was intentional on the part of Skinner, Capper said.

"When we talk about animal abuse, you tend to think someone is purposely harming the animal," Capper said. "I don't know what is in this man's mind. The state didn't produce any evidence he was intentionally harming (the dog)."

In his ruling, Capper wrote that the wound was not visible in a photograph submitted to the court that showed the dog and that the animal's fur had to be brushed apart to show the injury.

"He didn't do what he should have done, not what a prudent person should have done for this animal," the judge said. "He didn't have the evil intent. He had a negligent intent. That was what I was looking for. The taxpayers would have had to pay to keep him in jail. He would probably lose his job."

In recent years cases of animal abuse have drawn national attention. One of the most extreme concerned the dog-fighting ring conducted by one-time NFL football player Michael Vick. Some psychologists have stated acts of abuse to animals can lead to violent behavior toward other individuals.

Capper said such a premise had no bearing in this case.

"This is a nice theoretical discussion. There is no evidence in this," he said. "He has no prior record of domestic violence. We have people in our court with multiple, multiple violent convictions. We don't have anyone get up in arms about putting them in jail."

Capper was also asked if he thought the public's intense concern about this case and other animal abuse cases was misplaced.

"I don't know if it is misplaced," he said. "It is what it is. For some reason people are interested in dog cases, not as interested in human abuse as much."
Source: Ironton Tribune - Sept 6, 2008
Update posted on Sep 6, 2008 - 10:06AM 
The Proctorville owner of a Golden Retriever that was the victim in a high profile animal abuse case will not have to serve any jail time.

In a docket entry made Thursday, Lawrence County Municipal Judge Donald Capper suspended a 20-day jail sentence for David Bruce Skinner, 44, of 23201 State Route 243, Proctorville. The sentence was suspended on the condition that Skinner serve 60 hours of community service.

The dog, named Hammer, was found on July 25, chained to a tree on Skinner's property "with the chain so tight it tore into the neck of the dog causing serious injury to the animal," according to the criminal affidavit. The chain has to be surgically removed by a veterinarian, who said the chain had possibly been on the animal for four or five months.

Skinner, who earlier in the month had pleaded no contest, agreed to relinquish ownership of the dog to the Best Friends Animal Hospital in Teays Valley, W.Va. The dog has been under the care of the animal clinic since the time of its injuries.

Capper also ordered Skinner to pay restitution in the amount of $2,198.05. That is the amount the veterinarian Dr. Steven Mahnken submitted to the prosecutor's office, although the vet at the time of the surgery had said he was willing to treat the animal for free. However, the prosecutor's office requested a bill from the doctor.

The prosecutor's office had also recommended a sentence of 30 days in jail with 18 days suspended; a $250 fine and 60 hours of community service.

The animal abuse is a second-degree misdemeanor, which has a maximum penalty of 90 days in jail and a $750 fine.

Skinner declined twice to speak with a reporter from The Ironton Tribune about the incident. However, at a hearing on Aug. 15, he made a statement in open court.

"That is my dog. I raised that dog from a pup," he said. "I may be negligent. I wouldn't criminally hurt the dog."

He said he kept the dog at his home in Rome Township because he was dating a woman in West Virginia and couldn't care for the animal there. He said he came daily to feed and water the dog. Because of the animal's long hair, he couldn't see any problem with the chain.

"He wasn't showing me any signs he was needing medical attention. He would have gotten it," Skinner told the court.

Skinner also was given a fine of $400 and court costs of $90, both of which were suspended. The case is set for a probation officer on Sept. 10, at 10 a.m. and set for a review hearing on Feb. 2, 2009.
Source: Ironton Tribune - Aug 29, 2008
Update posted on Aug 29, 2008 - 7:01PM 
The Golden Retriever that was tied to a tree so tightly the chain became embedded in his skin now has a new owner.

Hammer was awarded Friday morning to the Best Friends Animal Hospital, the veterinarian clinic where the metal restraint had to be surgically removed from his neck.

David Bruce Skinner of 23201 State Route 243 Proctorville, the dog's owner, was in the court of Lawrence County Municipal Judge Donald R. Capper to face sentencing in the animal abuse case.

The abuse is a second-degree misdemeanor whose maximum penalty is 90 days in jail and a $750 fine.

Two weeks ago Skinner had pleaded no contest to a criminal affidavit alleging that he "did have a dog chained to his tree with the chain so tight it tied into the neck of dog causing serious injury to the animal."

On July 25, neighbors of Skinner contacted the Lawrence County Sheriff's Office because of their concern over Hammer.

Deputy Jason Newman reported that he saw the chain cutting into the neck of the dog; that it was imbedded in the skin of the animal; and that it was infected.

Neighbors took the dog to the Best Friends clinic in Teays Valley, W.Va., where the veterinarian Dr. Steven Mahnken said the chain had possibly been on the dog for four or five months, the sheriff's report said.

Assistant Prosecutor Jeff Smith told the court that the prosecutor's office was recommending a sentence of 30 days in jail with 18 days suspended; a $250 fine; and 60 hours of community service.

In a hearing a month ago, the court had requested an amount from the vet for restitution for the dog's care. Smith told the court that bill is $2,198.05.

At the time the dog was rescued Mahnken had said he would treat the dog for free.

However, Smith said the prosecutor's office had requested a bill.

Smith also said the prosecutor's office wanted the animal turned over either to the hospital or the Putnam, W.Va., Humane Society.

"That's too much," Skinner said in court when asked for his response. "That is my dog. I raised that dog from a pup. I may be negligent. I wouldn't criminally hurt the dog."

He said he kept the dog at his home in Rome Township because he was dating a woman in West Virginia and couldn't care for the animal there. He said he came daily to feed and water the dog and because of the animal's long hair, he couldn't see any problem with the chain.

"He wasn't showing me any signs he was needing medical attention. He would have gotten it," Skinner told the court.

Smith entered as an exhibit photos taken of the dog at the time of rescue. He said they show discoloration on the animal's neck where the chain was.

"That is more reason for him to have discovered it," Smith said.

Skinner agreed to relinquish ownership of Hammer.

"Due to my present circumstances, the dog will get a better home than I can give," he said.

Because there is a recommendation for jail time Capper ordered a presentencing investigation and will issue a final sentence after that is complete.
Source: Ironton Tribune - Aug 18, 2008
Update posted on Aug 18, 2008 - 11:28AM 

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