Man Found Guilty in Animal Cruelty Case
www.leaderherald.com
By OMAR AQUIJE
January 29, 2005, GLOVERSVILLE, NEW YORK - An Ephratah man was found guilty by a jury Friday and could face up to two years in jail for charges of animal cruelty and possession of stolen property.
Johnathan Steele, 26, of County Highway 119, will be sentenced in March on charges on one count of animal cruelty and one count of possession of stolen property. The charges stem from a November 2002 incident where authorities discovered two dead dogs and another alive but 40 pounds underweight outside Steele's home. The three dogs were left chained to their doghouses and were not fed in weeks, officials said.
At the time, Steele was also found in possession of stolen propane tanks discovered in the basement of his home. The tanks were found empty, officials said.
Fulton County First Assistant District Attorney Matthew Trainor said Steele cannot receive multiple punishments for the two dead dogs because Steele committed a single act failing to feed the three dogs. In addition, consecutive sentences cannot be given since animals are considered property, he said.
Trainor, however, said that since both charges are distinct, that could lead to consecutive jail terms for a maximum of two years. Right now, the maximum for each charge is one year in jail, Trainor said.
While he expects Steele will get some jail time, Trainor said the district attorney's office is requesting the maximum penalty.
The two-day trial saw several witnesses testify. Among the witnesses were a veterinarian who examined the surviving dog, the Ephratah dog warden who first discovered the animals, and a friend of Steele's who temporarily lived at the County Highway residence at the time.
Steele's attorney, Michael Smrtic, argued that Steele was not responsible for the charges he faced. At the time of the incident, Steele had spent two weeks at his mother's home in Oppenheim.
At the end, however, the jury ruled against Steele. "I'm glad justice prevailed," said Sharon Hayes, director of the Fulton County Society for the Prevention of Cruelty to Animals.
Hayes, who was also a witness in the case, said she wants Steele to receive the maximum penalty.
The surviving dog, a shepherd/husky mix named Videl, was found weighing 38 pounds outside Steele's home. Videl, who now weighs 77 pounds, has remained at the SPCA.
In December of 2002, Steele walked out of court after his arraignment and was missing until he turned himself into state police in July 2003. He was held on second-degree criminal contempt charges and spent 30 days in jail.
Steele is out on bail after his mother posted a property bond, Trainor said.
City Judge Vincent DeSantis will sentence Steele March 30.
