Stephen Arthur Hess and David McCumber

Torturing a poodle

Weare, NH

Aug. 24, 2003

(Photo courtesy of The Union Leader) A reward has been set up for a small dog that was tied up and tortured.  The dog will need plastic surgery and will lose an eye.

The dog is alive but in serious condition at the Capital Area Veterinary Emergency Services in Concord.  The dog, known as Barney, has cuts and wounds suggesting he had been dragged along the road.  All 4 legs were tied together and his right eye was hanging from the socket.  His left side is one long abrasion and he will need skin grafts.  The eye will have to be removed.  Barney has no internal injuries and no broken bones.

Barney, a 4-year-ld toy poodle was found by the side of Buxton School Road at 9:30pm on Sunday evening by a woman who was looking for her cat.  He had been missing since the day before, after visiting his “grandmothers” house in Weare, NH.  The cat was found safe – it turns out the cat was at the woman’s mother’s house.

Barney’s owner, Ruth Mariano of Hooksett was visiting her mother during the weekend with her two sons.  As they were getting ready to leave on Saturday, they discovered that Barney was nowhere to be found.  The family searched until Sunday for the dog, and then went home.  Mariano received a call that the dog was found after her two sons had gone to bed on Sunday evening.  The dog was found 1 driveway away from her mother’s house.

Barney has been with the Mariano’s since a pup.  He was picked out of the litter because he was friendly “like the big purple dinosaur”

The Weare Police are investigating the crime.  The dog’s injuries are serious enough that the charges will be felony animal cruelty when the perpetrator is found.  The penalty is up to 7 years in jail.

The Veterinary Hospital has set up a Barney Hotline at 603-335-7222 for updates on Barney’s condition.

(A recovering Barney, picture taken in November 2003) Donations for Barney’s care can be sent to (CAVES) Capital Area Vet at 22 Bridge St., Concord, NH  03301.  Note:  These donations will go towards Barney’s care but they are not tax deductible.  Any donations that may exceed what is needed for Barney’s care will be held by CAVES and used for treatment of other animals whose guardians are unable to afford necessary care.

Donations to the Barney Fund are tax deductible and will used for a reward to find whoever tortured the dog.  No reward funds will be released until he case is resolved, including the identification and conviction of the perpetrator.  If the reward funds are not used, they will be donated to the New Hampshire Humane Society.  Donations can be sent to Bank of New Hampshire, 277 Union Avenue, Laconia, NH  03246 Attn:  Judi Tucker.

Update September 1, 2003:  A 17 year old has been arrested and charged with felony animal cruelty for the dog napping and torture of a poodle named Barney.  Hess was arrested on Saturday, August 30th and is being held on $10,000 cash bail.

Update September 15, 2003:  Barney has been released from the Capital Area Veterinary Emergency Service and is now back home with his family.  As the swelling in his eye receded, the eyeball was able to stay in place, so it looks like he will not have to have it removed.

Hess was arraigned on a charge of felony falsifying evidence.  He has not yet been charged with animal cruelty.

The investigation has so far discovered that Hess rented a trailer on the property adjacent to Barney’s grandmothers house.  Hess tried to hide duct tape with fur on it and a roll of duct tape in the trailer.  A 2nd suspect, who was with Hess the day that Barney disappeared has not yet been questioned by police.

There is now a $1000 reward for anyone who offers information to Weare police that leads to an arrest and conviction on felony animal cruelty charges.

Update October 31, 2003:  The Weare NH police are looking for David McCumber from Unity, NH in connection with the animal cruelty of Barney, the poodle.

Update November 11, 2003:  Hess is free on $10,00 cash bail, posted by Hess’ now father in law, State Representative Gary Hopper.  He was arraigned in Hillsborough County Superior Court on 11/7/03 on a Class B felony charge of falsifying physical evidence.

Hess’ attorney Anthony DiFruscia, said Hess had gathered the evidence to turn over to the police.

The police discovered discarded bits of tape containing tufts of dog hair in Hess’ residence.

Update January 22, 2004:  Hess was indicted on 11/7/03 by a grand jury for tampering with physical evidence – a class B felony punishable with 3-7 years in prison.

McCumber is still being sought by Weare Police for questioning in this case.

No one has been charged relating to the actual abduction and torture of Barney.

Update May 4, 2004:  Steven Hess of Weare has been indicted by a grand jury for tampering with physical evidence (a Class B felony punishable with 3 to 7 years in prison).  There has been no charged brought relating to the actual abduction and torture of Barney.  Hess is free on bail.  His trial in Hillsborough County Superior Court, Northern District, has been continued.  A new date has not yet been set.

David McCumber of Unity, NH is presently in custody for car theft charges.  Weare Police believe he may have information related to Barney’s torture and are working with authorities to pursue this theory.

Please call the Weare Police (603-529-7755) with any information you may have.  Eve if you heard someone boasting or talking about this crime, please call.  The police need our help so they can better protect each of us.  The reward fund for Barney is now at $3500.

In related news:
The Weare Police Chief Myles Rigney is fighting to keep his petition warrant article attempting to make the police chief’s position appointed and supervised by the selectmen. The petition article is calling for the police chief to be elected to a 3-year term and was signed by 25 residents and ushered through the Feb 2nd selectmen's meeting by former police commissioner Brenda Lashaway and her husband, state Rep. Gary Hopper.

Chief Rigney said the petition was nothing more than a poorly veiled attempt to remove him from his positions. Rigney quoted "is this just revenge because someone's relative got locked up?" Lashway and Hopper are in-laws of Stephen Hess, the Weare teen charged with falsifying evidence in connection with the torture of a Barney the poodle last summer. Hess as not yet been tried on the falsifying evidence charge nor has he or McCumber been charged with animal cruelty.

Update August 10, 2004:  Stephen Hess, of Weare, pleaded guilty to one count of felony falsifying physical evidence in the abuse of a toy poodle belonging to his aunt and uncle. He received a 12-month suspended sentence for concealing two pieces of duct tape from police.

Hess was placed on probation for two years and ordered to complete substance-abuse counseling.

"The reason why he pleaded was that he wanted a termination of the case," defense attorney Anthony DiFruscia said. "It's his judgment call, not mine."

Hess said the charge "has nothing to do with Barney. It only has to do with a piece of duct tape."

Hess said he offered the evidence to police during an initial investigation, but that police declined to accept it.

The 12-pound dog named Barney was found lying on the side of a road near where Hess and a friend had attended a family birthday party last August. The dog's legs were bound with duct tape, and fur was ripped off of one side. Barney's eye also was out of its socket.

Animal control officials determined that the dog had been dragged. No one has been charged with animal cruelty. Hess was accused of falsifying evidence in September 2003.

Update November 9, 2004:  The 19-year-old Weare man who pleaded guilty to evidence tampering in an animal abuse case was arraigned Monday (Nov 8, 2004) on felonious sexual assault charges.

Police said Stephen Hess had consensual sex with a 15-year-old girl, considered statutory rape because of the girl's age. He was not eligible for bail because he is already on probation.

Hess received a 12-month suspended sentence in August for pleading to a felony evidence tampering charge in a 2003 dog-dragging case. He had been a suspect in the case involving a poodle named Barney. Barney was found lying by the side of the road, one eye out its socket. Police said Barney was dragged after his legs were bound with duct tape.

Hess will be jailed until probation officers decided whether he must serve the suspended sentence. He could serve up to seven years if convicted on the sexual assault charge.

References:

WMUR Channel 9 TV

The Concord Monitor

Foster’s Daily Democrat

The Union Leader