Case Details

Tethered dog emaciated, ate puppies for food
Fairhope, AL (US)

Incident Date: Tuesday, Feb 28, 2006
County: Baldwin
Local Map: available
Disposition: Convicted
Charges: Misdemeanor

Abuser/Suspect: Earl A. McCovery

Case Updates: 3 update(s) available

Case ID: 7615
Classification: Neglect / Abandonment
Animal: dog (non pit-bull)
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A female Rottweiler starved to half its normal body weight has been rescued from a mobile home and is recovering at the Fairhope Animal Shelter, the city's animal control officer said. An anonymous caller who reported the alleged abuse told police that the Rottweiler rescued Thursday recently had puppies while chained next to a mobile home on Kirkman Lane just outside of city limits, said Fairhope Animal Control officer Jerry Merchant. According to the caller, the emaciated dog had eaten its own stillborn puppies, Merchant said.

A 31-year-old man living at the residence has received a summons to appear in court March 15, 2006 on a misdemeanor charge of animal abuse, Merchant said. Fairhope police spokesman Cpl. Craig Sawyer said the man would not be arrested and booked prior to the hearing. Also, Sawyer said the man would not be identified until the time of the hearing.

"The caller stated that the dog was actually eating puppies, which were probably stillborn. There's no way she could support the puppies," Merchant said. "When we found her she weighed 45, maybe 50 pounds, and she should weigh 100 pounds or better." Merchant said the Rottweiler had a chain around her neck. The dog's ribs and hip bones were clearly visible beneath her gaunt exterior and there was no food, water or shelter in sight, he said. Merchant said he removed the Rottweiler immediately and took it to the Fairhope Animal Shelter. The animal control officer said he didn't know the dog's name, but she appears to be purebred and friendly. Once nourished and healthy, the dog will probably be suitable for adoption, Merchant said. "We're bringing her along slowly like a prisoner of war. You don't want to give her a whole bunch of food all at once," Merchant said. "Over the next three weeks, she'll gain a lot of her weight back. I don't anticipate a problem adopting her. She's a great dog."

Second-degree cruelty to animals is a class A misdemeanor punishable by up to one year in jail and $2,000 in fines, police reported. In this case, a judge could also order the dog owner, if convicted, to pay restitution to the local Animal Shelter and restrict him from possessing animals for a period of time, according to Merchant. Typically, the city's animal control officer has jurisdiction only within the city limits, but for cases of animal cruelty, he can take action within the city's extended police jurisdiction. A Fairhope ordinance forbids the chaining of animals, but does not apply in this incident because it occurred outside the city, police reported.

Case Updates

Jackie, a female Rottweiler found starved to half her normal body weight at a mobile home last month, will not be returned to her owner, Earl McCovery, who pleaded guilty to second-degree animal cruelty Tuesday, April 4, in municipal court.

Fairhope Municipal Judge Haymes Snedeker accepted McCovery's plea agreement with city prosecutors, sentencing him to one year of unsupervised probation and 30 hours of community service at The Haven, a Fairhope animal shelter, where the dog is recovering.

The judge ordered McCovery to pay a $50 fine and $240 in veterinarian bills, which he can also work off at the animal shelter at $6 an hour.

McCovery, 31, must relinquish ownership of Jackie and cannot own or take responsibility for any animal in the city of Fairhope for three years, Snedeker said. The ruling allows employees of The Haven to put the dog up for adoption.

"Of course, we want him to surrender the dog," Fairhope Animal Control Officer Jerry Merchant told Snedeker before sentencing.

Merchant rescued the emaciated dog March 2 after an anonymous caller informed police that Jackie was eating her own puppies.

The dog, Merchant has said, was chained outside of McCovery's trailer on Kirkman Lane without food, water or shelter nearby.

If McCovery doesn't comply with the plea agreement, Snedeker said, he will have to serve 90 days in jail.

"If you don't do this, you're going to do some time," said city prosecutor Marion "Tut" Wynne.

McCovery declined to comment. After the hearing, his attorney Richard Horne said his client took the dog in when it wandered into the neighborhood in July. McCovery fed Jackie and bought medicine for her when she became ill.

Jackie did have puppies and she ate several of them, Horne said. McCovery tried to feed the sick dog, but she would not eat, Horne said.

"He worked seven days a week for an irrigation company and didn't have time to take it to the vet," Horne said. "Then animal control came and seized the dog. He's been ordered to pay restitution, and he'll work it off working at the animal shelter."

Jackie is now eating well, gaining weight and playing with other dogs at The Haven, animal shelter employees said Tuesday. When she was rescued, Jackie was 45 pounds of skin and bones with a chain around her neck, Merchant has said, adding that the dog should weigh close to 100 pounds.

She now weighs closer to 75 pounds and should be healthy enough for adoption soon, Haven employees said Tuesday.
Source: Press-Register - April 6, 2006
Update posted on Apr 7, 2006 - 4:00PM 
A Fairhope man accused of starving a female Rottweiler to half her normal body weight has been served with a summons to appear in court Wednesday, police reported.

Earl A. McCovery, 31, is charged with second-degree animal cruelty, a Class A misdemeanor. Fairhope Animal Control Officer Jerry Merchant has said he rescued an emaciated dog March 2 from McCovery's mobile home, just outside the city limits on Kirkman Lane.

The Rottweiler, named "Jackie" by her caregivers at a Fairhope animal shelter, is eating well and gaining weight, said an employee of The Haven. When she was rescued, Jackie was bony and scrawny, weighing about 45 pounds, Merchant has said. The dog now weighs closer to 75 pounds, Haven employee Seth Gregerson said this week.

Gregerson said the animal would make a great pet and would quickly be adopted if the Fairhope Municipal Court orders McCovery to give up ownership.

"She's looking good," Gregerson said. "She's very energetic. She's not aggressive at all."

McCovery was initially scheduled to appear in court March 15, but officers were unable to locate him and serve the summons until Thursday, said Cpl. Craig Sawyer, spokesman for the police department. So Fairhope's municipal magistrate delayed the hearing.

An anonymous witness reported the alleged animal abuse in early March, telling police that the dog had eaten its own still-born puppies in order to survive, Merchant has said. The dog was found with a chain wrapped around her neck and no food, water or shelter in sight, Merchant has said.
Source: Press-Register - April 1, 2006
Update posted on Apr 3, 2006 - 7:49PM 
Fairhope's municipal magistrate moved the trial of a man accused of starving a female Rottweiler to half its normal body weight to April 5, city officials said this week.

The trial was delayed because police have not been able to locate and serve a court summons to the man, Fairhope police spokesman Cpl. Craig Sawyer said.

The man lives just outside city limits in a mobile home on Kirkman Lane, where Animal Control Officer Jerry Merchant discovered the emaciated Rottweiler on March 2, Sawyer and Merchant have said.

Sawyer said that officers cannot release the man's name until the summons is served. If police are still unable to find him by April 5, his court date could be delayed again, Sawyer added.

"He's aware of it," Sawyer said. "We just can't get him served. I don't know if he's physically avoiding service or coming and going so much that he can't be tied down."

During a March 6 interview, Merchant told the Mobile Register that the man had been served a summons to appear in court. Later, he said Tuesday, he discovered that police had been unable to serve the notice.

Merchant has said that an anonymous witness, who reported the alleged animal abuse in early March, said the dog had eaten its own still-born puppies to survive. The Rottweiler, which Merchant described as friendly, is recovering at The Haven animal shelter in Fairhope, where it eventually may be put up for adoption, he has said.

The summons has been issued by the city's magistrate, Sawyer said. Officers have visited the dog owner's home on several occasions at different times of the day to serve it, but the man has not been there, he said.
Source: Mobile Register - March 16, 2006
Update posted on Mar 16, 2006 - 3:44PM 

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References

Mobile Register - March 7, 2006

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