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Case ID: 8643

Classification: Vehicular

Animal: dog (non pit-bull)

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Dog dragged behind car
Cape Coral, FL (US)

Incident Date: Wednesday, May 17, 2006
County: Lee

Disposition: Dismissed

Person of Interest: Jeffrey Candler

Case Updates: 7 update(s) available

A Cape Coral man who allegedly dragged a dog behind a car is behind bars. Jeffrey Candler, 49, is charged with one count of animal cruelty. The dog, a ten-pound Chihuahua mix, is being treated. The dog suffered a broken front right leg and major wounds around its body, the skin of some of the paws peeled away.

Police say Candler was driving with the dog tied to the back bumper with a rope. When the car made a turn, the dog snapped loose. Witnesses Bob and Arlene Keating were able to take down the plate number and police tracked Candler down to his home where he was arrested. "My husband said, 'Oh my God the dog is tied to the back of the car,'" said Arlene. "As we were trying to catch up you could see the dog bouncing," said Bob. The Keatings know she was dragged for at least three-tenths of a mile, which is more than the length of five football fields, before the rope snapped. The dog was found lying in the intersection of Santa Barbara and Jacaranda Parkway.

Doctors expect it will take months for the dog to fully recover. They're waiting to do surgery until the high risk of infection goes away.

Candler has a prior arrest in Lee County for failing to register as a sex offender.

Case Updates

Jeffrey Candler lost his business, almost lost his home and for 28 days will lose his freedom.

The bizarre saga that began unfolding four months ago when the Cape Coral man's dog was dragged behind his vehicle culminated Wednesday morning with Candler pleading guilty to allowing an unauthorized person - his 15-year-old son - to drive. In a deal with prosecutors, Candler agreed to spend a month in the Lee County Jail. An animal-cruelty charge was dropped.

"This whole tragic accident has been a horrible incident for my family," said Candler, who appeared before Lee County Judge Leigh Frizzell Hayes.

Shawney, a 10-pound Chihuahua mix, was severely injured May 17 when the animal was dragged for nearly one-third of a mile on Santa Barbara Boulevard. The 12-year-old dog had been tied to a bumper on the car. Candler and his son were returning home from a fishing trip.

A worker at Viscaya-Prado Veterinary Hospital in Cape Coral - where Shawney has been treated since the incident - adopted the animal two weeks ago. The dog recently had a cast removed after a pair of surgeries to repair a broken leg and has been spayed, said Carole Snider, an assistant at the animal hospital

"She's doing extremely well," Snider said of Shawney, who still has a slight limp. "We get to see her every day."

Candler tried to shield his face from cameras during Wednesday's hearing and walked out of the courtroom with his back to cameras. He said extensive media coverage has ruined him.

Candler will be on six months' probation and required to pay $800 in fines, take parenting classes and undergo random alcohol and substance-abuse screenings and mental-health evaluations. He had been drinking alcohol at the time of the incident, according to police reports.

Matthew Candler has said he asked his father if he could drive the less than two miles home so that he could practice for his learner's permit.

Florida law allows people to get a permit at age 15 and then drive with an adult in the passenger seat. Matthew Candler said during the hearing that he does not yet have a permit.

"It was Mr. Candler's son who was responsible for the incident," Assistant State Attorney David Maijala said. "Had the licensed person been in control of the vehicle, it could have prevented the accident."

Source: News-Press - Sept 28, 2006
Update posted on Sep 28, 2006 - 6:21AM

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A Cape Coral man who lost custody of his dog after it was dragged behind his vehicle in May will not face an animal cruelty charge, his attorney said Friday.

Jeffrey Candler had been charged with one count of animal cruelty, a second-degree misdemeanor.

His dog, Shawney, a 10-pound Chihuahua mix, was dragged behind Candler's vehicle down Santa Barbara Boulevard on May 17 after the family had gone fishing. The dog was tied to the bumper, and family members said they forgot to untie the animal before driving away.

The dog escaped further injury when the leash snapped.

A couple saw the incident and took the injured dog to the Viscaya-Prado Veterinary Hospital in Cape Coral, where vets have been treating Shawney ever since, including a pair of out-of-town surgeries on a broken front leg. Dozens of well-wishers checked on Shawney's welfare and offered money and other items.

Friday in court, prosecutors said they planned to amend the charges and scheduled the next court appearance for Sept. 15. Fort Myers attorney Robert Branning, who represents Candler, said the state will change the charge to allowing an unauthorized person to drive.

In the custody court battle for Shawney, Candler testified his 15-year-old son was behind the wheel while the dog was tied to the bumper.

The charge carries a maximum penalty of 60 days in jail and a $1,000 fine. Prosecutors could not be reached for comment.

"I think the state had problems with the intent element of the animal cruelty charge," Branning said. "It was a tragic accident, and the charges need to reflect that."

Branning said Candler would likely enter a plea when the case returns to court next month.

He said he hopes the charge will show people Candler is not "some sort of villain."

Larry Justham, head of the misdemeanor division of the state attorney's office, could not be reached for comment.

Cape Coral won custody of the dog in court last week and turned the animal over to Lee County Animal Services to handle the adoption process.

Carole Snider, an assistant at Prado-Viscaya, is caring for Shawney and hopes to adopt her permanently. Shawney is believed to be about 12 years old.

Source: News-Press - Aug 18, 2006
Update posted on Aug 25, 2006 - 2:20PM

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The City of Cape Coral has been awarded custody of the Chihuahua known as Shawney as well as $5,569.30 for expenses incurred at a Viscaya-Prado Veterinary Hospital. The judge ruled that although the dragging incident appears to have been unintentional, the dog's owner, Jeffrey Candler, is not fit to have custody of and adequately provide for the dog.

The judge wrote, "although the court recognizes that this appears to be a one time incident of serious mistreatment of the dog, based on the testimony adduced at the hearing and the exhibits presented, the Court finds that given the prior history the respondent has not provided even the most basic, proper, and reasonable medical care for this animal, some of which was due to financial reasons. Considering the fact that this dog will need substantial medical care and personal attention, it is highly unlikely that Respondent is able and fit to have custody of and adequately provide for Shawney."

The court documents revealed the day the dog was injured, Jeffrey Candler and his two sons went fishing in Cape Coral. When they arrived at the fishing spot, Shawney was initially tied to a tree. Candler's 17 year old son thought there was not enough shade by the tree, so he tied the dog to the car and gave the dog a bowl of water.

Once the family decided to leave, Candler, who admitted to drinking 2 sixteen ounce beers, allowed his 15 year old son drive home � even though he doesn't have a license. Neither the father nor the two sons remembered the dog was tied to the car.

As they drove home, a couple driving behind Candler's car spotted Shawney being dragged behind the car. The dog somehow got free from the rope and was lying in the road in a pool of blood. The husband followed Candler's car to get the license number. They took Shawney to the vet and called the police.

When police responded to Candler's home he told the officer Shawney was missing. The officer told the court when Candler learned the dog was injured, he never asked about Shawney's condition.

The dog suffered an open fracture, torn ligaments and tendons, peeling skin, shock and had multiple skin wounds. The dog remains in the care of the local veterinarian.

We tried to get reaction from the Candlers, but no one answered.

Attorney Robert Branning spoke with his client, Jeff Candler, Friday morning.

"They're devastated. His children, this has been the family pet. His children are upset, he's upset, his wife is beside herself," said Branning.

What really bothers Branning is the public's perception of the case.

"People aren't worried about the facts. They create their own facts and they've applied some monstrous intent to Mr. Candler's action and that's simply not true," said Branning.

Shawney will have to stay at the veterinary hospital for several more weeks until she is fully recovered.

The city of Cape Coral plans to turn Shawney over to Lee County Animal Services. They will decide who gets to adopt her and take her home.

Source: Channel 2 News - Aug 11, 2006
Update posted on Aug 25, 2006 - 2:18PM

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A judge is deliberating the custody of a Chihuahua mix dragged behind a car after a hearing Monday that attracted dozens, some wearing purple and white ribbons with the words "Free Shawney."

It will be at least 30 days before Judge Maria Gonzalez decides who gets custody of Shawney, who was dragged down Santa Barbara Boulevard on May 17.

Among those testifying during the hearing at the Lee County Judicial Center was Jeffrey Candler, who said that he loved his dog and did not deserve to have Shawney permanently taken from him.

And Candler's 15-year-old son Matthew declared during Monday's hearing that he, not his father, was at the wheel that day. After promising the judge that he wouldn't lie, the boy took the stand in his father's defense and said he was the one who dragged the family pet.

"It was my idea to drive to practice to get my learner's permit," the son said in a packed Courtroom E.

Cape Coral officials argued that they should become the legal guardians of the wounded pooch.

Shawney was allegedly left leashed to a bumper when Jeffrey Candler and his sons returned home from a fishing trip. The dog reportedly was dragged a third of a mile before its leash came off and she was rescued by Robert and Arlene Keating and taken to a veterinarian.

In Florida, children can get a learner's permit to drive at 15 and may then drive with an adult in the passenger seat. Matthew Candler said he does not have that permit yet, but asked his father if he could drive the less than 2 miles back home from the fishing trip.

Jeffrey Candler said he let his son do it, and that neither he, nor the son driving, nor the 17-year-old in the car gave any thought to the dog left tied to the bumper before they drove away.

The father said he initially told a police officer that story, but then the officer told him that letting a child drive without a learner's permit drive was a felony.

"I didn't want my son to have that on his record," the father said.

Authorities have charged him with one count of animal cruelty, a first-degree misdemeanor punishable by up to one year in jail and a $5,000 fine.

He is scheduled to appear in court Friday, when Judge Leigh Frizell Hayes is expected to set a trial date.

Ron Dente, assistant Cape city attorney, said the animal has been neglected through its whole life, and that the dragging showed it should not return home.

"The defense would have you believe this is just about what happened on one day," Dente said. "I would say that was one day too many for Shawney."

Robert Branning, the Candlers' attorney, said the city is interested in custody of the dog only because of the publicity surrounding the incident.

"Shawney has become a political hot potato," he said.

Gonzalez asked that the defense and prosecution submit briefs with pros and cons for their position. Those papers must be submitted within 30 days, she said, and she will issue her ruling after that.

Source: The News-Press - June 27, 2006
Update posted on Jun 28, 2006 - 10:42PM

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Jeffrey Candler filed a motion in Lee Circuit Court Monday to keep the animal as a member of his family.

"This dog has a home and a family that loves her," said Robert Branning, Candler's attorney, "and she is going to be returned to that home."

Candler allegedly left Shawney leashed to the back of his car after a fishing trip on May 17. The dog was dragged behind the car for a third of a mile before coming loose after the vehicle turned a corner. The dog survived and is recovering at Viscaya-Prado Veterinarian Hospital.

On Tuesday, Cape Coral's city attorney filed for the city to get custody of the dog. Branning said he does not know how that will affect Candler, and was upset that nobody from the city ever contacted him before taking action in the case.

Branning said the hype surrounding Shawney has led to an unfair villainizing of his client, and that people interested in saving animals could better use their time.

"There are 100 dogs at the Humane Society," he said. "Adopt one of those dogs. This dog has a home."

Source: The News-Press - June 14, 2006
Update posted on Jun 14, 2006 - 2:19PM

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The Cape Coral City Council will decide Monday whether or not they will petition the court for custody of Shawney, the Chihuahua that survived being dragged behind a car. There are a lot of people interested in Shawney's future, mainly because they don't want her to return to her previous owner.

It has been almost a month since Shawney's survival story started.

"She's in good condition, other than this leg. And her skin wounds are healing remarkably," said Dr. Jim Gale of the Viscaya Prado Veterinary Hospital.

Now she's able to walk around using her leg cast as a crutch.

Since her arrival to the clinic on May 17th, the attention on the Chihuahua mix has only grown.

"They've been calling at night, leaving messages on our answering machine. How is Shawney? Is Shawney back home? Home is here right now," said Lyn Assenzio of the Vizcaya Prado Veterinary Hospital.

Shawney's fate depends on a judge's ruling. She could return to her owner.

Assenzio has a prediction if Shawney is returned to her owner.

"We'll probably have the biggest riot in Lee County. We'll have a lot of angry, angry people," said Assenzio.

Source: NBC2 - June 12, 2006
Update posted on Jun 13, 2006 - 11:26PM

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The case of Shawney the dragged dog, which outraged a community, has a chance to end happily. Thanks to a Cape Coral police officer and an Animal Services chief, the 12-year-old female Chihuahua mix may be headed for a safe haven. "We have an adoption list from here to eternity,'' says Wendi O'Brien of the Viscaya-Prado Veterinary Hospital, which has treated the 10-pound dog since the May 17, 2006 dragging.

Cape cop Nick Jones and Animal Services director Scott Trebatoski are collaborating to keep Shawney from the clutches of her owner. Jones, the officer who arrested Cape Coral's Jeffrey Jay Candler for misdemeanor animal cruelty, will file a petition for custody in Lee County Court on Monday, according to spokeswoman Dyan Zedeker. "It's not our strongest petition, but under the circumstances I think the judge would grant it,'' says Trebatoski, who drafted the request. The petition, which grants custody to the city, is necessary. Larry Justham of the state attorney's office says if Candler paid Shawney's medical bills he could take home the dog. County Judge Leigh Frizzell Hayes was assigned the case.

Candler, 49, told police he tied Shawney to the bumper of his car before going fishing. Witnesses told police Candler drove one-third of a mile before the rope snapped. "The dog's lucky it didn't break its neck,'' Trebatoski says. "I'm not sure that dog survives if it stays on the rope.'' Trebatoski says in addition to a cruelty charge, there is no record Candler licensed the dog or vaccinated it for rabies. Candler, who pleaded not guilty, did not return a message for comment.

"Once she is placed into the custody of Animal Services - given the outpouring of love and concern she has received from the community - we feel confident she will find a loving, caring family,'' Zedeker says. Justham says after the story was on the PETA Web site, the state attorney's office received hundreds of telephone calls, e-mails and letters from horrified pet lovers.
"This case has got me redheaded and I'm a white-haired old lady,'' says Joan Anderson, 77, of Cape Coral. "Candler mustn't get that little girl back.'' Cape Coral's Dick Kalfus, 70, says 1,500 people were talking about the case at the German-American Club.
"It would be an outrageous act of insensitive stupidity to send her back to her owner,'' he says.

The dog suffered a broken front right leg, ligament damage and multiple skin wounds. Shawney was treated by a specialist last week in Tampa. She was returned to Viscaya-Prado. Dr. Lisa Gote says Shawney will return to Tampa for further treatment next month. "We would find her a good home,'' O'Brien says. "But legally, we know she still belongs to that miserable person.'' Yet, with a judicious ruling June 12, 2006, Shawney's miserable ownership may be over.

Source: News Press - June 11, 2006
Update posted on Jun 11, 2006 - 9:32AM

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References

- May 19, 2006
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Dog dragged behind carCape Coral, FL (US)

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Dog dragged behind car
Cape Coral, FL (US)