Case Details
Case Snapshot
Case ID: 8125
Classification: Fighting
Animal: dog (pit-bull)
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Attorneys/Judges
Judge(s): Deno Himonas


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CONVICTED: Was justice served?

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Case #8125 Rating: 1.6 out of 5



Dogs used for fighting
Salt Lake City, UT (US)

Incident Date: Tuesday, Oct 21, 2003
County: Salt Lake

Charges: Felony CTA
Disposition: Convicted
Case Images: 8 files available

Defendant/Suspect: John Clinton Smith

Case Updates: 6 update(s) available

John Clinton Smith is charged with six counts of third-degree felony dog fighting and six counts of cruelty to animals, a class B misdemeanor. The trial is set for November 2003 in 3rd District Court. The charges stem from an Oct. 21, 2003, encounter when animal control officers took six pit bulls and investigators seized "fighting equipment" from Smith's house, including treadmills police believe were used to train the dogs. In addition, journals, videotapes and dogfighting magazines were taken.

In 2000, Smith was charged with 20 counts of various animal neglect charges, and eventually pleaded guilty to two counts of animal cruelty and to one other misdemeanor, according to court records. His 180-day jail sentence suspended. A cruelty to animals charge was dismissed in 1997. He also was charged with nine counts of cruelty to animals in 1996, all of which were eventually dismissed. Smith was charged in 1995 with 31 counts of having too many dogs and failing to license those dogs. In 1988, a jury found Smith guilty of training dogs for fighting, a third- degree felony. Several thousand dollars in fines were suspended, and Smith was ordered to perform 100 hours of community service.


Case Updates

John Clinton Smith, who previously pleaded guilty to dog fighting and training dogs for fighting, was sentenced Monday to 90 days in jail and was ordered to get a mental health evaluation.

Smith was set to be sentenced Friday, but court records show his sentencing was moved up to Monday.

Smith, 76, of Glendale, pleaded guilty in July to three counts of dog fighting/training dogs for fighting, all third-degree felonies.

As part of a plea bargain, the judge dismissed three other third-degree felony dog fighting charges and six class A misdemeanor counts of animal cruelty.

Third District Judge Deno Himonas on Monday imposed prison terms of zero to five years for each of the felony dog fighting charges that Smith had pleaded guilty to, but the judge suspended the prison time.

However, Himonas imposed 90 days in jail with credit for 43 days already served. The judge directed Smith to undergo a mental health evaluation and cooperate with all recommended treatment or counseling, put Smith on probation for 36 months and imposed 75 hours of community service.

The judge also ordered that Smith not own or possess any dogs.

Smith's case upset animal rights activists, who pointed to his history of brushes with the law regarding animal cruelty.

"Based on temperament testing, they were unable to be adopted out," she said earlier, adding that this is not unusual with dogs that have been trained for fighting.

Smith's mental competency to stand trial was raised earlier, but in February he was declared mentally competent.

At Smith's previous court hearing in September, Himonas chided him for not showing up for questioning for a presentence report and ordered that Smith be jailed.

Smith's defense attorney, Ed Brass, said then that Smith may have been confused about the presentence interview because Smith had already spoken to mental health experts regarding his competency. Brass told the court that Smith has several disabilities and mental health problems, including dementia.

However, prosecutor Fred Burmester said at the September hearing that Smith was simply displaying a "cavalier attitude" and did not take the court or the charges against him seriously.
Source: Deseret Morning News - Oct 3, 2008
Update posted on Oct 5, 2008 - 10:37PM 
Sentencing for a 76-year-old Glendale man who pleaded guilty in July to three counts of third-degree felony dog fighting was delayed Friday because he had failed to report for a pre-sentence interview. Third District Judge Deno Himonas ordered John Clinton Smith taken into custody and set sentencing for Oct. 3. In 2003, animal control officers seized six pit pulls and dog-fighting equipment from Smith's home. He was originally charged with six dog-fighting felonies and six misdemeanor counts of cruelty to animals.
Source: Salt Lake Tribune - Sept 6, 2008
Update posted on Sep 6, 2008 - 9:42AM 
In a case that dates back to 2003, John Clinton Smith, who was originally charged with 6 counts of dog-fighting and 6 counts of animal cruelty, pled guilty to reduced charges on July 18th.

His charges date back to 2003 and the case has been delayed due to the fact that the defendant was asking the court to test his competency to stand trial. He was declared competant earlier this year and his trial was set for July 18th.

Smith orignally pled not guilty to each charge. Smith has previously been convicted of various animal neglect charges and has done 100 hours of community service as penalty for a third-degree felony dog fighting conviction.

Smith could face up to 15 years in jail and six years in prison, plus fines up to $15,000.

The Animal Advocacy Alliance of Utah filed an Amicus Corti brief in the case asking the court asking it to impose the harshest possible punishment on Smith. The group has also asked the court to order therapy, as Smith's "actions are indicative of a violent and aggressive nature."

His sentencing is scheduled for September 5th before Judge Himonis.
Source: Animal Advocacy Alliance of Utah Press Release - Aug 1, 2008
Update posted on Aug 1, 2008 - 2:37PM 
The trial against accused dog-fighter John Clinton Smith has been postponed again. The case dates back to October of 2003, when authorities allegedly seized six pit bulls, treadmills, journals, videotapes and dogfighting magazines from his property. Smith has had several previous animal cruelty related run-ins with the law.

In 2000, Smith was charged with 20 counts of various animal neglect charges, and eventually pleaded guilty to two counts of animal cruelty and to one other misdemeanor, according to court records. His 180-day jail sentence suspended. A cruelty to animals charge was dismissed in 1997. He also was charged with nine counts of cruelty to animals in 1996, all of which were eventually dismissed. Smith was charged in 1995 with 31 counts of having too many dogs and failing to license those dogs. In 1988, a jury found Smith guilty of training dogs for fighting, a third- degree felony. Several thousand dollars in fines were suspended, and Smith was ordered to perform 100 hours of community service.

Smith will appear in court next for a pre-trial conference on July 18, with trial expected to begin the following week.
Source: Animal Advocacy Alliance of Utah
Update posted on May 23, 2008 - 2:07PM 
John Clinton Smith, 76, who is charged with training dogs for fighting and animal cruelty, was deemed mentally competent to stand trial during a hearing on Friday.

Two mental health officials who evaluated Smith separately came to the conclusion that he is competent, although there are some indications of dementia and cognitive deficits.

Third District Judge Deno Himonas set a trial for May 12 and 13.

Smith was charged in 2003 with six counts of third-degree felony training dogs for fighting and six counts of class B misdemeanor cruelty to animals.

Police said they found six pit bull terriers chained on Smith's property in a 30-foot pit. The dogs were hungry and scarred on their bodies, and one had bleeding sores on its ears, according to police.
Source: Deseret Morning News - Feb 24, 2008
Update posted on Feb 24, 2008 - 8:54PM 
A competency hearing will be held in 3rd District Court Friday for a 76-year-old Glendale man charged with six dog fighting felonies and six cruelty to animals misdemeanors.

Police raided the home of John Clinton Smith in Oct. 2003 and found six pit bulls, dog fighting equipment and dog fighting magazines, according to court documents.

Smith has pleaded not guilty to each charge. His competency was brought into question during a three-day jury trial held in March.

Smith has previously been convicted of various animal neglect charges and has done 100 hours of community service as penalty for a third-degree felony dog fighting conviction.

If convicted of the 2003 charges, Smith could face up to 30 years in jail and six years in prison, plus fines up to $45,000.

The Animal Advocacy Alliance of Utah has submitted a letter to the court asking it to impose the harshest possible punishment on Smith in relation to the misdemeanors. The group has also asked the court to order therapy, as Smith's "actions are indicative of a violent and aggressive nature."
Source: Deseret Morning News Dec 6 2007
Update posted on Dec 6, 2007 - 12:32PM 

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