Dismissal of Animal Cruelty Charges for Twice-Shot Dog Puts the Spotlight on Lax Ohio Laws

One day in mid-November, 2012, Raymone Clements walked his bull mastiff, Forrest, into a public park in Cleveland Heights, chained the dog to a tree, shot him in the jaw and chest, and left him to die. Luckily for Forrest, Robin Stone found the dying dog, got him the emergency care he needed, and subsequently adopted him. Forrest’s story and its connection to felony charges against Clements are detailed in a recent article in Scene Magazine entitled Forrest vs. The State of Ohio.

Clements has a long history of violent crime, which includes felony convictions for two rapes, drug trafficking, and aggravated robbery. After shooting Forrest, Clements was charged under Ohio’s animal cruelty statute, ORC  959.13, which says that shooting a companion animal, or otherwise torturing, mutilating, or killing one, is a first-degree misdemeanor. However, since Clements is a convicted felon charged with possessing guns and ammunition, his case was moved to federal court, and the county animal cruelty charges were simply dropped.

Ohio animal advocates point to several problems with the Forrest scenario. First, they say that dropping the animal cruelty charges against Clements denies justice for the injured dog. Second, they argue that Ohio’s animal cruelty law carries with it a punishment that is too lax, and would amend it to include the possibility of felony animal cruelty charges. Finally, they point to the Ohio General Assembly’s poor track record on animal cruelty laws.

Seven proposed animal cruelty laws were either killed or left languishing in the 129th Ohio General Assembly [all links below are to the full-texts and legislation tracking reports through the Hannah Capitol Connection database]:

  • House Bill 108, known as Nitro’s Law, would make animal cruelty at the hands of a kennel owner a felony. This bill came about after Nitro, a dog in the care of a trainer in Youngstown was starved to death.
  • Senate Bill 130, the Ohio Dog Auctions Act, would ban puppy mill auctions.
  • House Bill 25, which would include companion animals in domestic violence protection orders and anti-stalking orders.
  • House Bill 138, requiring training for humane society agents.
  • House Bill 289, which would make bestiality a criminal offense.
  • House Bill 290, making the assault of a dog warden, animal control officer, or humane society agent a fifth-degree felony.
  • House Bill 300, which would provide protections for search and rescue dogs.

Researchers interested in animal law in Ohio can start with our Animal Law research guide, and our guides on Ohio law.