 Emaciated dog chained to doghouse
Columbus, OH (US)Incident Date: Tuesday, Aug 31, 1999
County: Franklin
Local Map: available
Disposition: Convicted
Abuser/Suspect: Mikeal P. Dresbach
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The Capital Area Humane Society responded to an anonymous report that an emaciated dog was seen chained to a doghouse in an alley. Upon arrival the investigators found the dog to be very thin, and its ribs and spine could be seen through the skin.
A roomate at the address, reported the animal to be owned by Mikael Dresbach. The roomate gave the investigator permission to take the dog to the Humane Society for medical treatment.
Later that day, Dresbach contacted the HS to check on the dog's condition. Dresbach told the investigator he had been taking care of the dog since the owners were arrested in a drug raid. He also told the investigator he owned the dog and had obtained a license for it. Dresbach was then asked if he would execute a "permission to treat" form allowing the HS to examine and treat the dog. Dresbach did so as the owner of the dog.
Upon examination by a veterinarian, the dog was found to be 30-40 pounds underweight due to a heavy internal parasite infestation. The veterinarian also observed lesions on the dog's ears from untreated fly bites.
Dresbach was served with a complaint charing him with cruelty to animals in violation of the Revised Code of Ohio, Section 959, 13 (A)(1). Dresbach pled not guilty and his case was set for a jury trial.
Dresbach moved from dismissal of the complaint on the grounds that the facts alleged in the complaint, did not support a convition under the code. The motion was denied by the trial court.
Dresbach subsequently was found guilty of cruelty to animals and appealed the court ruling.
RC Sec 959.13 (A)(1) states:
"No person shall torture an animal, deprive one of necessary sustenance, unnecessary or cruelly beat, needlessly mutilate or kill, or impound or confine an animal without supplying it during such confinement with a sufficient quantity of good wholesome food and water."
Dresbach argued that the facts in the complaint were insuffient to support a finding that he "tortured" the dog because the term "torture" as used in the code does not include failure to provide veterinary care. The Court of Appeals ruled that the definition set forth in R.C. Sec 1717.01 (B) is broad enough to include situation were an animal suffers needlessly because of the owners failure to seek critically necessary veterinary care, if such care represents a reasonable remedy. The incident sites both R.C. 1717.01 and 959.13 (A)(1) and states that Dresbach caused the dog to suffer unnecessary pain and allowed such pain to continue needlessly by not timely seeking treatment for the dog's heavy internal parasite infection. The facts set forth in the complaint, are sufficient to sustain a conviction for cruetly to animals. Neighborhood MapFor more information about the Interactive Animal Cruelty Maps, see the map notes.
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