The rejection of a pretrial intervention program for James P. Kelly, IV of Sommers Point, who has been charged with animal cruelty in Ocean City, leaves his case still pending.  If an individual completes the program, a conviction will not appear on his or her criminal record.  Kelly was arrested on February 3^rd after he allegedly beat a small dog and left him in a portable toilet in Ocean City.  The dog was so severely beaten that it had to be euthanized.

(photo's courtesy of NBC News 10)

Kelly had entered a no guilty plea and applied for the pretrial intervention program, a diversion program for first time offenders that can last as long as 36 months. Kelly’s attorney stated he had not decided whether he would appeal the rejection.

Kelly’s next court date is August 3rd.

Update 8/1/06:

(photo courtesy of NBC News 10) Kelly, age 18 was friend on $1000 bail after being arrested. The 5 lb chihuahua named Brendal was severely beaten and left to die in a port-o-potty at a construction sight not far from the dogs home. The dog was partially submerged into the port-o-potty but was still breathing.

(photo courtesy of NBC News 10) Mandie Longfellow, Kelly's now ex-girlfriend, said that Kelly would often get frustrated with Brendal for relieving himself inside the house. Kelly allegedly confessed to beating the dog.

The penalty if convicted can be a fine of as much as $15,000, a custodial sentence of 3-5 years and up to 30 days community service.

A petition at the petitionsite.com has been circulating since February 17th and currently has 2613 signatures as of August 1st. To sign the petition go to http://www.thepetitionsite.com/signatures/846616493?page=1<l=1154572950

Reference:

NBC 10 News

Press of Atlantic City

The petition site