Attorneys/Judges
| Prosecutor(s): | Abby Silverman | | Defense(s): | Andrew Laird | | Judge(s): | William R. Carpenter |
CONVICTED: Was justice served?
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Case #15946 Rating: 3.0 out of 5
Attempted dog drowning
Douglass, PA (US)Incident Date: Friday, Jul 24, 2009
County: Montgomery
Charges: Misdemeanor
Disposition: Convicted
Defendant/Suspect: Nathan App
Case Updates: 1 update(s) available
A Douglass (Mont.) man who allegedly tried to drown a township woman's Dachshund in a back yard swimming pool is fighting animal cruelty charges.
Nathan App, 20, waived his arraignment in Montgomery County Court and pleaded not guilty to misdemeanor charges of cruelty to animals and disorderly conduct in connection with the July incident that occurred at a home in the 100 block of Hillside Drive, where he was staying.
By waiving his scheduled Oct. 14 arraignment, App will not have to appear before a judge for a formal reading of the charges lodged against him. App will now be scheduled for trial.
An arraignment proceeding marks the first opportunity an offender has to enter a plea to the charges. App faces a possible maximum sentence of 2 1/2 to 5 years in prison if he's convicted of animal cruelty at trial.
App, who remains free on $10,000 unsecured bail, is prohibited from having any contact with the dog's owner and must undergo a psychological evaluation as conditions of bail, according to court documents.
An investigation of App began about 11:45 a.m. July 24 when township police responded to the home to investigate a report from a woman who claimed App tried to drown her 2-year-old male Dachshund in her swimming pool at the rear of the residence.
"The dog was still wet and appeared to be having some breathing difficulty," Douglass (Mont.) police officer Brian Steffie wrote in the arrest affidavit.
The dog's owner, who rushed the dog to a veterinarian for treatment after the incident, told police she was alerted to the attempted drowning by her neighbors who had witnessed the alleged cruelty.
Two neighbor women reported they observed App pull the dog by a leash into the pool area and then throw the dog into the water, according to the arrest affidavit. One witness claimed App tossed the dog into the air and watched the dog land in the pool.
"She stated that the defendant then pulled the dog by the leash across the pool to the far side and the defendant began to lift the dog by the leash and repeatedly dunk the dog under the water," Steffie alleged.
"The defendant then forcefully held the dog under the water in what appeared to be an attempt to drown the animal," Steffie added in the arrest affidavit.
The neighbors yelled at and confronted App and he allegedly pulled the dog out of the water, police said.
One of the witnesses observed that "the animal appeared to be in distress, barely able to move or walk," Steffie alleged, explaining the neighbors then contacted the animal's owner to advise her of what happened.
Under state law, a person engages in animal cruelty when they willfully and maliciously kill, maim, mutilate or torture an animal.
Case UpdatesA Douglass (Mont.) man who tried to drown a township woman's Dachshund in a backyard swimming pool will be under the watchful eye of authorities for several years for his "disgusting" conduct.
Nathan App, 20, was sentenced in Montgomery County Court to five years of probation and 60 hours of community service after he pleaded guilty to a misdemeanor charge of cruelty to animals in connection with the July incident, which occurred at a home on Hillside Drive, where he was staying.
"His conduct was disgusting. It was a small, helpless dog. He was basically torturing the dog by repeatedly dunking the dog in water and dragging it by its leash in the water," alleged Assistant District Attorney Abby Silverman, who sought a lengthy period of supervision for App.
Judge William R. Carpenter, who accepted a plea agreement in the case, also ordered App to undergo a psychological evaluation and to comply with any recommendations for treatment.
App is prohibited from owning any animals, according to the judge's order.
"I can't imagine there being any valid motive to do this other than just being evil," Silverman said.
App, who was represented by defense lawyer Andrew Laird, has not lived at the Douglass (Mont.) home since the incident, according to authorities. A previous court order prohibited him from having any contact with the dog's owner.
The Dachshund did survive the attack.
An investigation of App began about 11:45 a.m. July 24 when township police responded to the home to investigate a report from a woman who claimed App tried to drown her 2-year-old male Dachshund in her swimming pool at the rear of the residence.
"The dog was still wet and appeared to be having some breathing difficulty," Douglass (Mont.) police officer Brian Steffie wrote in the arrest affidavit.
The dog's owner, who rushed the dog to a veterinarian for treatment after the incident, told police she was alerted to the attempted drowning by her neighbors who had witnessed the cruelty.
Two neighbor women reported they observed App pull the dog by a leash into the pool area and then throw the dog into the water, according to the arrest affidavit.
One witness claimed App tossed the dog into the air and watched the dog land in the pool.
"She stated that the defendant then pulled the dog by the leash across the pool to the far side and the defendant began to lift the dog by the leash and repeatedly dunk the dog under the water," Steffie alleged.
"The defendant then forcefully held the dog under the water in what appeared to be an attempt to drown the animal," Steffie added in the arrest affidavit.
The neighbors yelled at and confronted App and he pulled the dog out of the water, police said.
One of the witnesses observed that "the animal appeared to be in distress, barely able to move or walk," Steffie alleged, explaining the neighbors then contacted the animal's owner to advise her of what happened.
"Had the neighbors not stepped in, who knows what the outcome could have been," Silverman said.
A charge of disorderly conduct was dismissed against App as part of the plea agreement. | Source: The Mercury - Nov 18, 2009
Update posted on Nov 19, 2009 - 1:10AM |
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