Dog collar left to grow into neck
Fairhope, AL (US)Incident Date: Wednesday, Jul 9, 2003
County: Baldwin
Charges: Misdemeanor
Disposition: Alleged
Alleged:
» Joseph Smiley
» Aleen Smiley
Police charged a Fairhope couple with cruelty on Wednesday after their Rottweiler was found with a deep gash around its neck from a collar that was left unadjusted as the dog grew.
Joseph Smiley, 34, and Aleen Smiley, 33, were charged with second-degree dog cruelty under the state's "Gucci" statute, named for a dog in Mobile County that survived severe abuse. The misdemeanor offense carries a maximum penalty of a year in jail.
Joseph Smiley, a Fairhope sanitation worker, was booked into the Daphne jail Wednesday. Aleen Smiley, who works at a retail store, was allowed to go home to make arrangements for the care of her children and agreed to turn herself in to authorities Wednesday evening, police said.
Spanish Fort resident Brian Morrow said he learned about the possibility of adopting the dog from his mother. He said they visited the animal last month at the home of Joseph Smiley's mother, where the underfed dog was tied outdoors with a wire chain.
Daphne police Detective Scott Bidwell said the dog's collar never had been adjusted as the animal grew, which constricted the dog's throat passages, making it difficult to breathe and eat. The gash was 2 to 3 inches wide and several inches deep, exposing the dog's raw skin, he said.
"It was pretty nasty," Bidwell said. "You couldn't get within 15 feet of the dog and not smell rotten meat."
Morrow said he took the dog to Lake Forest Animal Clinic and has been nursing it back to health ever since.
Bidwell said the dog, named China, was covered with maggots and had weighed about 52 pounds, 30 to 40 pounds less than the breed's average.
Bidwell said the Smileys, who owned the dog about 1 years, had separated. Aleen Smiley got an apartment in Fairhope, and Joseph Smiley moved with the dog to his mother's house, he said.
When the couple reconciled , Joseph Smiley moved into the apartment and left the dog behind, Bidwell said.
The couple continued to care for the Rottweiler since Joseph Smiley's mother is afraid of the dog, Bidwell said.
The treatment of animals, especially dogs and cats, has gained increasing attention in south Alabama recently. The Legislature stiffened the penalties for abusing dogs and cats with the Gucci law in 2000.
In May, the Fairhope City Council passed an ordinance prohibiting dog owners from tying their animals up in yards. The ordinance requires dogs to be confined to a fenced-in area with at least 150 square feet of space. References« AL State Animal Cruelty Map
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