State v. Unger, 2017 Ohio 8824

Michelle Unger was charged (Oct. 18, 2016) with second-degree misdemeanor cruelty to a companion animal (Bruiser) after the dog was removed from her home on Sept. 21, 2016.
At bench trial, witnesses (neighbors, the county dog warden, shelter volunteers, a veterinarian, and a humane agent) testified Bruiser appeared emaciated, hungry, and lacking food/water; photos were admitted.
Vet Dr. Nicely testified Bruiser’s low body score was due to food deprivation (not solely hookworms) and resulted from more than a week of neglect; condition improved after food/water.
Defense witnesses (housemate Brenda Roberts and friend Cody Weese) said Unger usually provided care and arranged caretakers while working; John Collins testified he watched the dog a few days but left and lacked food to continue care.
The trial court found Unger guilty, sentenced her to jail/probation, forfeiture of Bruiser, and a three-year ban on owning companion animals; Unger appealed claiming the conviction was against the manifest weight of the evidence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether conviction for cruelty to a companion animal was against the manifest weight of the evidence	State: evidence (photos, shelter testimony, vet opinion) proved Unger, as owner/caretaker, negligently deprived Bruiser of necessary sustenance	Unger: testimony showed she normally cared for Bruiser and made arrangements for caretakers; witnesses disputed extent/duration of neglect	Affirmed: trier of fact did not lose its way; evidence supported finding of prolonged deprivation by owner

State v. Martin, 20 Ohio App.3d 172 (1st Dist. 1983) (standard for manifest-weight review)
State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (distinguishing sufficiency and manifest-weight review)
State v. Jamison, 49 Ohio St.3d 182 (Ohio 1990) (credibility and weight are for the trier of fact)
Davis v. Flickinger, 77 Ohio St.3d 415 (Ohio 1997) (trial court best positioned to assess witness demeanor and credibility)