Daily Local News (West Chester, PA)

Judge bans Norristown woman from owning dogs after animal cruelty conviction

- By Carl Hessler Jr. chessler@21st-centurymed­ia. com @MontcoCour­tNews on Twitter

A Norristown woman is banned from ever owning or caring for a dog after she was convicted of animal cruelty charges in connection with the death of her dog, Cam, after he was left outside in sub-zero temperatur­es in January.

“The defendant shall be prohibited from owning a dog. I do not think it’s appropriat­e for her to have a dog,” Montgomery County Judge Risa Vetri Ferman said on Tuesday as she addressed Cecelia Ann Johnson during a sentencing hearing.

The judge, who in October convicted Johnson of a felony charge of aggravated cruelty to animals and misdemeano­r charges of cruelty to animals and neglect of animals in connection with the Jan. 6 incident, imposed the prohibitio­n without any further penalty.

Testimony revealed that on the day of the incident, Johnson’s daughter, who has Down syndrome, experience­d a medical emergency and was transporte­d to a hospital via ambulance and Johnson reported to the hospital.

“Any parent can certainly appreciate the seriousnes­s of that situation,” Ferman said.

Prior to leaving the house, Johnson, 64, of the 1200 block of Swede Street, did not bring Cam inside and she was stranded at the hospital during a subsequent snowfall, testimony revealed.

“The court found she did not act intentiona­lly, she acted negligentl­y,” Ferman explained. “The court has considered everything that has been presented.”

Johnson has no prior criminal record and is the sole caretaker for her daughter, testimony revealed.

Johnson, who was represente­d by defense lawyer Megan Schanbache­r, was emotional and wept during the hearing and had to rely on her lawyer to recite her statement to the judge.

“All I can think to say is that I am sorry. I did not mean for this dog, Cam, to die like this. The dog was always very loved, he was part of my family,” said Johnson, describing Cam as her daughter’s “best friend.” “He was our protector. I am so sorry, I apologize. I won’t call this an accident, but I was not thinking.”

When confronted with her daughter’s serious medical emergency Johnson said, “I was thinking about her, her safety.”

“I was afraid for my daughter…she needs me, I’m her only support. It is just me and her. She’s my world and has been for her whole life,” Johnson said. “I just wasn’t thinking about anything but doing what was right for her, helping her, not losing her.”

Johnson explained she left the hospital when it was safe to do so.

“But I knew that I needed to get home. I loved Cam. I wanted to get home and I remember waiting for it to feel like it would be safe to leave. I went home as fast as I could to check on him,

but he was gone,” Johnson added.

Schanbache­r argued for no further penalty, explaining Johnson forever has a felony on her record. Schanbache­r added Johnson has been “through a hellish year” and faced backlash and scorn from animal rights groups via social media.

“A penalty has been paid. I certainly don’t think incarcerat­ion is necessary. I think under the sentencing

laws and the facts of this case that no further penalty is the most appropriat­e sentence,” Schanbache­r argued, adding Johnson also is grieving the loss of Cam. “This was a pet. This was a member of her family.”

The dog’s death sparked a regional outcry and prompted concerned citizens to create a Facebook page where thoughts and prayers for the neglected canine were posted.

“I have never felt this scared and confused before. I never felt that people hated me before. They never had a reason to. I feel like I’m at the other end of

this now. It has taught me a lot, I have learned a lot,” Johnson said.

Assistant District Attorney Lauren Marvel didn’t refute the significan­t personal struggles Johnson faced during the timeframe of the incident but asked the judge to ensure Johnson is prohibited from every owning another dog.

“The defendant’s actions caused a dog to suffer and to ultimately die in conditions that he shouldn’t have been subjected to. So what I was asking for first and foremost was a prohibitio­n of ownership to make sure this tragedy doesn’t happen again and a mechanism for us to be able to enforce a prohibitio­n of ownership,” said Marvel, suggesting Johnson should have realized she was in over her head in caring for the dog and that she could have sought help from agencies like the SPCA.

A state law enacted last year allows for third-degree felony charges to be filed in cases of extreme animal neglect and Johnson was the first person charged in the county under the new law.

An investigat­ion of Johnson began about 11:57 a.m. Jan. 6 when Norristown police were dispatched to her residence for an animal complaint. An unidentifi­ed tipster called police to report that a Pit Bull Terrier was observed outside Johnson’s home and that the dog had been left outside overnight and was believed to be deceased, according to the criminal complaint.

When officers arrived, they found a deceased dog lying on the ground between a doghouse, measuring 3-feet 6-inches in height and 2.5-feet wide, and an outside fence.

“Visible from the sidewalk in front of the house was a doghouse located in the yard with a tan in color dog wedged between the doghouse and the adjacent residence fence,” Norristown Police Officer Stephanie Flynn alleged in the arrest affidavit.

“Further investigat­ion revealed that the dog was frozen completely solid and appeared to have been for some time,” Flynn added.

Prosecutor­s alleged Johnson left Cam outside tethered with a metal chain measuring 12-feet in length and the chain caused skin necrosis, consistent with freeze burn injury. When he was discovered, Cam had access to empty food bowls and one bowl of frozen water, prosecutor­s alleged.

Weather records showed that the high temperatur­e on Jan. 6 was 15 degrees and the recorded low was minus 2 degrees before wind chill, according to prosecutor­s. The county also had issued a “Code Blue” weather emergency alert during the time period.

When police interviewe­d Johnson she admitted that she last had Cam inside her home two days before, on Jan. 4.

Johnson allegedly told police she took possession of the dog about two years prior and that she occasional­ly took the dog inside and owned a crate for him, according to the arrest affidavit.

Officials conducted a necropsy to determine the cause of the dog’s death.

In a report issued on April 2 a veterinari­an concluded the cause of death for the dog was hypothermi­a “due to prolonged exposure to low ambient temperatur­e,” and that the manner of Cam’s death was “non-accident,” according to testimony. A contributo­ry cause of death was Cam’s “inadequate body condition” and the dog died due to “multi-system organ failure,” according to testimony.

The investigat­ion revealed there had been four prior complaints in 2017 by various individual­s regarding Johnson leaving Cam outside, according to testimony and the arrest affidavit.

“I did not mean for this dog, Cam, to die like this. The dog was always very loved, he was part of my family.” — Cecelia Ann Johnson

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