Dog beaten with chain and kicked
Naples, FL (US)Incident Date: Thursday, Oct 29, 1998
County: Collier
Disposition: Convicted
Defendant/Suspect: Thomas E. Hart
Thomas E. Hart, 34, was convicted of animal cruelty after a Collier County Sheriff's deputy saw him beat a rottweiler with a chain and kick the dog in the groin.
He was arrested after Sheriff's Deputy Ed Busby saw him beating the dog with a heavy chain and then kicking it repeatedly.
A Collier County Circuit Court jury convicted Hart after a one-day trial. Animal cruelty is a third-degree felony punishable by up to five years in prison. Hart is scheduled for sentencing March 5, 1999.
This was the second trial on the charge for Hart. An earlier trial ended in a hung jury, with jury members voting 4-2 for a conviction.
"Mr Hart made a statement to the effect that he threatened to kill a deputy." Judge Blackwell did not allow those statements to be admitted during the first trial, but reversed himself this time because he ruled that they pointed to Hart's state of mind at the time of the attack.
Jodi Morelock, director of the Collier County Animal Control, said the beaten dog was never found, and is presumed dead.
Terry Tilley, executive director of the Humane Society of Collier County said the fact that the dog was never found will probably mean Hart will not receive the maximum sentence because it will be difficult to prove the severity of the injuries to the dog. References- Naples FL Daily News - Feb 19, 1999
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