Case Details

Dog kicked to death
Cameron, WV (US)

Date: Mar 19, 2005
County: Marshall
Local Map: available
Disposition: Acquitted

Person of Interest: James Robert Manganelli

Case Updates: 3 update(s) available

Case ID: 4271
Classification: Kicking/Stomping
Animal: dog (non pit-bull)
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A Marshall County man has been charged with animal cruelty and unlawful killing of a dog in the death of a Chihuahua.  Fifty-one-year-old James Robert Manganelli of Cameron was arrested Sunday on a warrant issued March 31st.

Investigators believe Manganelli killed the dog on March 19th, possibly by kicking it with his cowboy boots.

The dog was owned by LouAnn Barber, who found the animal lying lifeless and bleeding on a couch in her Cameron home when she returned after being gone about six hours.

Barber told deputies that Manganelli was the only person besides herself with a key to the residence.

Manganelli admitted being in the home the day the dog was killed, but denied harming or even seeing the animal.

Case Updates

A Cameron man is facing felony and misdemeanor charges after an argument over a woman.

James R. Manganelli, 52, RD 3 Box 107, Cameron, was charged with felony burglary and misdemeanor battery after an alleged incident Wednesday.

He was released on $5,000 bond set by Marshall County Magistrate Mark Kerwood.

According to a criminal complaint filed by Moundsville Police Patrolman Keith McCallen, Manganelli reportedly entered a home and struck another man in the face.

Moundsville police were reportedly called to 2411 Center St. on report of a fight.

The report states when McCallen arrived, he found Manganelli and another man standing �face to face� behind the home.

McCallen reportedly told Manganelli to place his hands on his patrol cruiser five times, until he finally did so.

According to the complaint, Manganelli smelled of alcohol and said he had been drinking.

The other man was bleeding from the mouth and Manganelli had blood on his hands.

Manganelli reportedly entered the Center Street home uninvited and stood in the kitchen.

When the other man entered the kitchen, Manganelli allegedly struck him in the face. Officers reportedly found blood on the kitchen floor.

The other man was transported to an area hospital for his injuries.

In December, a Marshall County jury acquitted Manganelli of one felony count of animal cruelty and one misdemeanor count of unlawful killing of a dog after an alleged incident in which he entered a friend�s home and kicked her Chihuahua.

The dog later died of its injuries.
Source: Wheeling News-Register - May 19, 2006
Update posted on May 22, 2006 - 3:51AM 
A Cameron man accused of kicking a Chihuahua to death has been acquitted of criminal charges filed against him. Testimony in the case of James Manganelli, 51, of RD 3 Box 107, Cameron, began December 5, 2005. He was charged with one felony count of animal cruelty and one misdemeanor count of unlawful killing of a dog.
Shortly after 3 p.m. December 6, 2005, a Marshall County jury of 11 men and one woman announced they had reached a verdict. The jury deliberated for about two hours. An hour and a half into deliberations, jury members announced they had reached a unanimous verdict on one count, but not on the other. Marshall County Circuit Judge Mark A. Karl read the "Allen Charge" to the jury and asked them to try for at least another hour. The Allen Charge explains the verdict is important to both sides in the case and notes there has been considerable financial expense in the trial. The charge further states the judge believes no other jury could be more competent to decide the case.

The case involved both emotional impact and legal sticking points. Testimony conducted Monday afternoon included the tearful recollections of LouAnn Barber, owner of Spike Lee, the Chihuahua Manganelli was accused of killing. The defense admitted Manganelli was present at Barber's home the night of the incident and that he did kick the dog. Public Defender David Zehnder said Manganelli did not intend to hurt the animal, but merely aimed to stop it from attacking him.

In the felony indictment, Manganelli was accused of "willfully and maliciously" killing the dog. In his closing arguments, Zehnder noted there was no way to determine that his client did "maliciously" kill the animal. "There is no evidence he acted out of malice," Zehnder said. "All the state can do is appeal to your emotions." He told the jury when he first was assigned to the case, he thought the charges were nonsense. "People can hunt deer, but the prosecuting attorney wants a jury to convict this man for protecting himself," Zehnder said. In his closing statements, Assistant Prosecutor David Hummel said the size difference between the man and the dog was considerable. He noted the dog was protecting its home by reasonable means, yet the man used extraordinary means.

After the verdict was announced, Hummel said he was disappointed and that he feels for Barber, who lost her dog. "I tried the best case I could," Hummel said. "The jury system worked."
Source: The Intelligencer - December 7, 2005
Update posted on Dec 7, 2005 - 12:45AM 
WV man accused of torturing and killing a Chihuahua waived his right to a preliminary hearing. The case will now go straight to the grand jury in July.

James Manganelli is charged with cruelty to animals and unlawful killing of a dog. According to the police report just over a month ago the dogs owner says she returned home from a shopping trip. When she got in the door she discovered her dog wrapped in a blanket with blood coming from his mouth and nose.

Also in the police report, the results of the autopsy say the doctor discovered bruising and large amounts of internal bleeding. It goes on to say, the doctor further discovered several broken ribs with a hole large enough to place fingers inside. The doctor said the broken ribs caused the dogs lungs to collapse. The report says the dog also suffered massive hemorrhaging.

According to the Marshall County prosecutor Herman Lantz, this case is catching the attention of animal rights activists. The prosecutors office has received several letters.
Source: WTOV 9 - April 27, 2005
Update posted on May 5, 2005 - 10:20PM 

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References

The Intelligencer
WTRF - April 7, 2005
WBOY - April 5, 2005

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