October 22, 2009
http://www.registerherald.com/main.asp?SectionID=4&SubSectionID=4&ArticleID=127650
Community control given in dog fighting case
Eddie Mowen
Editor
Last week, Joseph Jenkins was sentenced by the Preble County Court of Common Pleas on one count of "attempt" as it relates to the crime of "dogfighting," a felony of the fifth degree carrying a maximum possible sentence of one year in prison and a $2,500 fine.
Jenkins appeared in court on Friday, Oct. 16, with his attorney, Matthew Barbado of the law firm Rion and Rion, Dayton. Jenkins received a sentence of three years of community control. He was ordered to serve 60 days in the custody of the Preble County Sheriff as a special sanction of community control, with the entire sentence suspended on the condition that the defendant perform 200 hours of community service work.
The defendant was fined $1,000.
According to Preble County Prosecuting Attorney Marty Votel, the State had requested that as a special term of community control, the defendant be forbidden to own or possess companion animals, that any of the defendant's dogs currently impounded be forfeited to the state of Ohio, and that any community service hours be performed in furtherance of animal justice.
Those requests were denied by the court, Votel said.
On Feb. 26, 2008, officers from the Preble County Sheriff's Office and Montgomery County Animal Resource Center executed a search warrant at the home of Jenkins, located at 3737 Upshur-Northern Road, Eaton, in search of illegal dogfighting and/or evidence of the breeding, training, or selling of dogs for the purpose of illegal dogfighting.
Among other items, officers seized 11 pit bull dogs, veterinary supplies, training information, and breeding pedigree documents. Authorities also linked the defendant to a website for "Drive or Die Kennels," a website offering American Pit Bull Terriers sale, and espousing their fighting pedigree and vigor.
After receiving testimony, evidence, and argument, the court took the matter under advisement. A written ruling was handed down on Aug. 20 of this year acquitting the defendant of the indicted charge of dogfighting, a felony of the fourth degree, but finding the defendant guilty of attempted dogfighting.
"Dogfighting is an inhumane, vicious, and indefensible practice. Dogs who are born into the world of dogfighting, whether they are actively fought or not, are fated to lives of desperation and cruelty," Votel said after the ruling.
"People who engage in any part of this cruelty, whether it be breeding, training, or bartering fighting animals, will be held to answer. That is the only way this practice can be effectively eradicated from our community."
