Clark, 37, has pleaded not guilty to a charge of animal cruelty after being arrested on July 3^rd.  Police officers found his Harlequin Great Dane hidden behind a shed and tied to a fence, bleeding from the head.  The dog was still bleeding when found by officers but it is believed it had bled for two hours.  Lake County Humane Society Executive Director Candance Hertzel stated that the dog had to be euthanized due to the severity of its wounds.

Clark’s trial has been delayed as the Lake County Humane Society has requested a special prosecutor to handle the case.  Special Prosecutor Jeff Holland of Medina County will take over the case as he specializes in animal law.

Clark’s attorney, Jalal Sleibi, maintains that the dog was aggressive and deserved to be shot and that the Humane Society, not Clark, is responsible for the dogs death. Sleibi said Clark’s actions are protected by the Ohio Revised Code (ORC), which outlines what action a person can take if being attacked or in protecting him or herself from an aggressive animal. ORC allows for the destruction of an aggressive dog for biting or killing a person, or another animal except cats and other dogs.  An offending dog can be destroyed only at the time of the offense. If during that time the dog is wounded, the person is not liable to being prosecuted for animal cruelty. The charge of animal cruelty includes language forbidding the destruction of domestic animals by the use of a gun or by any method other than a method that kills the animal immediately and painlessly.

Clark’s attorney maintains that the Humane Society killed the dog by euthanizing it – not Clark, who just wounded it.

At the time of the incident, Clark first told the officers that the three blasts were simply firecrackers.  He later admitted to having shot the dog.  Clark stated he shot the dog after receiving a ‘dog-at-large citation.  He paid the $344 in fines and fees and as court record show, had paid the last fine on the day of shooting.

Arresting officers were not told of any aggression on the part of the dog and there was no dog bite or attack reported during Clark’s arrest nor was it reported to authorities at the time his statement was taken.

Update 12/15/06:  Clark plead no contest to the charges.  Painesville Municipal Court Judge, Michael Cicconetti, known for his creative sentences for low-level crimes, sentenced Clark to 180 days in jail but suspended all but 30 days of the sentence if he pays the Lake County Humane Society for the dog's veterinary bills.  The judge gave Clark the another option of serving only 10 days, if he agrees to wear a dog costume and talk to elementary students about how to treat animals.

Clark has not made a decision to the judges offer.  His attorney is appealing the sentence.

Reference:

The Star Beacon

WKYC Channel 3

Washington Post

New York Post

Sun Times