Anthony G. Wilson and Jason C. Acker

Dragging a dog 1,140 feet behind a pickup truck

Topeka, KS Shawnee County

May 31, 2003

Wilson, age 19 and Acker are accused of dragging a male, 23-pound 3-month old Labrador mix dog behind a pickup truck near the S.W. 10^th St. entrance to Gage Park.  The two trials were set for July 2, 2003 at 10:30am and 1:45pm in the Topeka Municipal Court, but were rescheduled for July 30^th at 9:30am.

Each faces a misdemeanor charge of cruelty to animals.  On May 31, 2003 tickets were issued in which 3 young men dragged a dog behind a pickup truck before a witness stopped them.  The dog was taken to a veterinarian’s office.

Wilson and Acker were ticketed but the third wasn’t because he is 17-years-old.  The boy wasn’t ticketed because the City Attorney’s Office doesn’t permit animal control officers to ticket people under 18 years old.

The dog had been held in the pickup bed by a 4-foot leash, Acker drove the truck.

According to Wilson the dog fell out of the truck, while he and Acker were on their way to a party in Gage Park.

At the trial Samantha Ewert, a former Topeka animal control officer testified she could see scratches in the street, she could see streaks of blood that indicated the dog tried to keep up with the truck.  One photograph showed the bloody paw prints, another showed the blood trail, another the injured puppy at the veterinarians office.  “Road rash” was visible on the pup’s legs, paws and stomach.  His toenails were worn off.  The blood trail indicated the dog had been dragged for 1,140 feet.

Dr. Tom Mah testified to the dogs injuries and that he had cleaned the wounds, kept the dog for 3-4 days and then turned him over to Helping Hands Humane Society.  The dog also had tapeworms.  Dr. Mah monitored the dog’s injuries and stated they were healing but the dog has some lameness.

Dr. Mah saw the dog again on 6/28/03 when it had a fever and respirator distress and was vomiting.  The dog died the next day of pneumonia, which was unrelated to the dragging injuries.

On 9/3/03 Wilson was found guilty of a misdemeanor charge of animal cruelty.  Melvin Herrington, attorney for Wilson, said he would appeal the decision of Municipal Court Judge Beth Schafer to the Shawnee County District Court.  Judge Schafer will sentence Wilson on 10/24/03.  The maximum penalties that can be imposed in the Municipal Court are a $499 fine and a jail sentence of up to 6 months.

Update November 11, 2003:  Wilson was sentenced to 75 hours of community service and to pay a maximum fine of $100.  Wilson must also pay $119 in court costs and must reimburse Helping Hands Humane Society for expenses in caring for the dog.  Wilson must perform the community service to a nonprofit agency by January 31, 2004.

Wilson could not be sentenced to a jail term because he must have 3 or more cruelty to animal violations before a sentence of 2-10 days in jail could be required per the city ordinance.  This was Wilson’s first conviction.

Reference:

The Topeka Capital-Journal