Animal cruelty convictions affirmed

The animal cruelty convictions for a Willoughby man who was permanently forbidden to own a pet were affirmed this week by the 11th District Court of Appeals.

David Taylor, 69, was convicted in February 2017 in Willoughby Mu- nicipal Court, after a nonjury trial, of three second-degree misdemeanor counts of cruelty to companion animals

and six second-degree misdemeanor counts of prohibitions concerning companion animals.

Lake Humane Society agents seized three dogs from his home.

The three cruelty counts stem from an Aug. 15, 2016, incident and the six others occurred on Sept. 13, 2016.

Acting Judge Almis J. Stempuzis previously sentenced Taylor to a $750 fine with $500 suspended, 90 days in jail with 45 days suspended and one year probation.

He also was ordered to pay the Humane Society $900, is subject to four inspections of his property per year and permanently barred from owning or caring for any companion animal for life.

However, Stempuzis granted Taylor’s request for a stay of his sentence pending appeal.

On appeal, Taylor argued his fair trial rights were violated when the trial judge allowed Dr. Alvin Brown, the shelter veterinarian, to give “unreliable opinion testimony” about the length of time medical conditions, including ear mites and fleas, may have been present in his dog, Igor.

A three-judge appellate panel found that argument to be without merit.

“While Dr. Brown was not specifically qualified as an expert, it is apparent that he is an expert from his qualifications of working in the veterinary field for 40 years,” 11th District Judge Diane V. Grendell wrote in her 3-0 opinion. “He testified to his experience in treating dogs

throughout that time and described the various conditions Igor suffered from based on his knowledge, skill, experience and training.”

The appellate court also disagreed with Taylor’s contention that his conviction for abusing Igor was not supported by the evidence.

Taylor also claimed two other witnesses had reasons to lie about his care of the dogs because of conflicts that arose from their business relationship.

“Testimony indicated that Igor had long-lasting health concerns, including fly-strike, whipworm, ear mites, and that he was underweight,” Grendell wrote. “He was living in a yard that several witnesses characterized as cluttered, with feces, nails, and broken glass on the ground. Testimony was presented that Taylor had been urged to provide better care and that he would periodically forget to feed the dogs. Taylor admitted that each of the dogs, including Igor, had suffered from infestations of fleas. Taylor also admitted to never taking the dogs to a veterinarian. Dr. Brown attested to the fact that these treatable conditions caused Igor to suffer and experience pain, weight loss, and chronic diarrhea. The facts demonstrate negligent actions and neglect which could have been relieved by Taylor and resulted in unnecessary suffering for Igor.”

Appellate judges Cynthia Westcott Rice and Timothy P. Cannon concurred.

The Humane Society reported the dogs were later adopted.

Taylor does not have a listed phone number and was not immediately available for comment.

Taylor