On January 18, 2000, after receiving several complaints of barking dogs and of an odor coming from Stephens' backyard, Officer Harold Race of Cobb County Animal Control visited Stephens' home. Officer Race saw several pit bull dogs chained around Stephens' backyard. He testified: "The dogs were in puddles of water probably approximately an inch and a half to two inches deep. The dog houses were full of mud and water. The dogs had no way of getting out of the mud and water." Chained in Stephens' backyard were sixteen pit bull dogs and one boxer, all of which are extremely short-haired dogs, making them more susceptible to the cold. The dogs were living in feces and urine-soaked soil. Some of the dogs had houses, while others lived under boards that were propped against the fence. Officer Race testified that the dogs had no dry place upon which to lie, nor could they escape the cold. He opined that the environment in which the dogs lived was not healthy for any type of animal, especially given the weather.
While in Stephens' backyard, the officers also located a pit that Officer Race opined had been used for pit bull fighting. The officers also located bite sticks and a first aid kit in the pit area. Some of the dogs had abrasions and neck scars that appeared to be healing.
Officer Race confiscated all of the dogs due to them living in extremely muddy conditions in very cold temperatures. Officer Race testified that dog excrement and urine had mixed with the mud. Because the dogs lived in the mud and water, the water they drank was probably contaminated.
Stephens was charged and convicted of 17 counts of cruelty to animals. He was sentenced to 6 months for each count, with 135 days in confinement and the remainder on probation. As a condition of defendant's probation, the trial court forbade him to own any dogs or live at a residence where dogs were present. References« Back to Search Results
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