CONVICTED: Was justice served?
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Case #6028 Rating: 2.0 out of 5
Dog-fighting - 5 pit bulls, 3 rabbits seized
Jefferson, AL (US)Incident Date: Thursday, May 6, 1982
County: Jefferson
Disposition: Convicted
Defendant/Suspect: Kenneth Jones
May 6, 1982, Officer Bill Carter, an animal cruelty investigator from the Jefferson County Sheriff's Office, visited Kenneth Jones, under the pretext of seeking to purchase a "fighting dog." Subsequently, based on what Carter had observed on May 6, 1982, a search warrant was issued and Carter returned to the premises and confiscated appellant's five pit bulldogs, three rabbits, and a "training wheel."
At trial, the State presented evidence concerning the condition of the dogs when confiscated from appellant. The State called Dr. Stephanie Phillips, a veterinarian from the Birmingham Humane Society, and Mr. John Bodie, the director of the Birmingham Humane Society, who both testified as to the poor conditions of the dogs and their vicious propensities exhibited while lodged at the Birmingham Humane Society animal shelter.
Dr. Phillips testified that the dogs were dehydrated and undernourished; she specified what various wounds appeared on each dog, if any; and she stated that dog under 24122 had "scars of varying degrees of healing on the entire body, primarily, especially the face." Mr. Bodie testified that the dogs were a maintenance problem for the shelter because they escaped from their pens to fight other dogs; they tore their pens up, requiring reinforcement of the pens; and an employee had been bitten by one dog.
Kenneth Jones, was indicted by the Jefferson County Grand Jury during the October 1982 session for violation of 3-1-29, Code of Alabama 1975. The indictment charges that appellant "did unlawfully own, possess, keep or train a dog or dogs with the intent that such dog or dogs be engaged in an exhibition of fighting with another dog." On March 1, 1983, appellant filed a motion to dismiss, alleging that § 3-1-29 was void for vagueness and that the section was ex post facto as applied to him. The trial court overruled these motions. On March 2, 1983, a jury found appellant guilty as charged in the indictment. Subsequently, the trial court imposed a suspended sentence of one year and a day, and placed appellant on probation for a term of two years. Appellant was further ordered to make restitution to the circuit court for and on behalf of the Birmingham Humane Society in the amount of $2,519.00. References« AL State Animal Cruelty Map
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