Michael Scheir Joseph Wheeler

2 men attempt to slit throat of an English Springer Spaniel

Athens, NY

April 18, 2006

(Picture of Frankie from May 2006 - Photo courtesy of Gene Kendrick/WNYT) The case against Michael Scheir, 32, and Joseph Wheeler, 24, charged with attempting to slit the throat of an English Springer Spaniel has been returned to Town Court after a Grand Jury declined to indict the men on felony charges of aggravated cruelty to an animal.  Scheir and Wheeler now face misdemeanor charges of animal cruelty and animal abandonment in Athens Town Court.

State Police state that Scheir and Wheeler took the dog named Frankie, to a back road in Greene County and attempted to fatally cut the dog’s throat with a kitchen knife before throwing the animal from their vehicle.  A resident, who lived on the road where Frankie was abandoned, found the dog and took it to the Catskill Animal Hospital for treatment.  A microchip implanted in the dog led authorities to Frankie’s previous owner who stated he had given Frankie to Scheir because he could no long keep him.

Scheir told investigators that shortly after he took custody of Frankie, the dog bit his child in the face.

Greene County District Attorney Terry Wilhelm stated the Grand Jury chose not to indict the two men on the felony charges because Frankie did not suffer a serious injury.  A veterinarian stated the dog’s wound was superficial.  Wilhelm stated that because the Grand Jury was bound by statute and the legal definitions of the felony charges, the members could not return felony indictments.

Wilhelm’s office will prosecute the misdemeanor charges against Scheir and Wheeler in Athens Town Court and if they are convicted, they could face up to one year in jail.  There could also be animal ownership restrictions placed on Scheir and Wheeler. 

In May, officials from the Columbia-Greene Humane Society stated Frankie was recovering and being rehabilitated. They will work with the English Springer Spaniel Club to find him a new home.

Update 10/26/06:

The 2 men plead guilty to a misdemeanor charge of overdriving, torturing and injuring an animal.  A separate misdemeanor charge of anima abandonment against each of them was dismissed as part of the plea deal.  Scheir, who owned the dog was sentenced to 300 hours of community services, fined $1,000 and ordered to pay $160 in restitution to the town of Athens.  He is also expected to pay restitution to the Columbia-Greene Humane Society and will be on probation for 3 years.

Wheeler was sentenced to 200 hours of community services, fined $1,000 and ordered to pay $160 in restitution to the town of Athens.  He is also expected to pay restitution to the Columbia-Greene Humane Society and will be on probation for 3 years.

Both men lost their jobs over this cruelty case.

Franky has since recovered from his injuries and from his fear of men and now has been adopted.

Reference:

 Daily Freeman