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State v. Mr. B. (DMC No. 8642)

Mr. B had been in a dispute with some fellow neighbors and had recently sold a horse which he was taking to the new owner. The neighbor saw him attach a tow strap to the horse, and then take off at a high rate of speed with the horse following. The neighbor called Police and stated that the horse was being dragged.

When the Deputy arrived, he claimed he saw the horse lying on it’s side and Mr. B striking it with a PVC pipe. Mr. B. denied that he ever struck the horse, or dragged it, and stated that the horse threw itself on the ground. He was subsequently arrested and charged with Animal Cruelty under Arizona Revised Statute ARS 13-2910.

At Jury Trial, we presented testimony from his girlfriend (who was in the truck) who contradicted what the Officer claimed. We also showed that the Officer had previous contacts with Mr. B., and he was biased against him. Lastly, we presented photographs of the animal which did not show anything remotely close to what the Officer had described. In the end, the Jury found Mr. B. Not Guilty of animal cruelty, and he was acquitted on this charge.

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