State v. Unger
2017 Ohio 8823
| Ohio Ct. App. | 2017Background
- Oct. 18, 2016: Eric Unger charged with misdemeanor cruelty to a companion animal (R.C. 959.131(D)(2)) based on condition of his dog "Yap" after removal from his mother's home on Sept. 23, 2016.
- Dog warden Russell Dreher and humane-society witnesses observed Yap emaciated, without food/water; video showed Yap eating voraciously when fed.
- Veterinarian Dr. Christy Nicely scored Yap 1/9 in September and later 4/9, diagnosed hookworms but opined deprivation of food was primary cause and that deterioration occurred over several weeks.
- Defense witnesses said owner and others normally fed the dogs and had arranged caretakers; John Collins (caretaker) gave inconsistent testimony and was found not credible by the trial court.
- Trial court (bench) found Unger guilty on Feb. 9, 2017, sentenced to jail/probation, ordered forfeiture of Yap and a three-year companion-animal ownership ban; Unger appealed claiming insufficiency of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to convict under R.C. 959.131(D)(2) (deprive companion animal of necessary sustenance) | State: testimony, photos, video, and vet opinion show Yap was emaciated from deprivation over weeks and Unger, as registered owner/custodian, was responsible | Unger: challenged sufficiency — defense witnesses said dogs were ordinarily fed and caretakers had been arranged; attacked credibility of some State witnesses | Court: Evidence, viewed in light most favorable to prosecution, was sufficient. Vet opinion tied condition to food deprivation; witnesses corroborated emaciation; trial court rejected key defense witness credibility. Conviction affirmed. |
Key Cases Cited
- State v. Jenks, 61 Ohio St.3d 259 (1991) (standard for sufficiency review follows Jackson v. Virginia)
- Jackson v. Virginia, 443 U.S. 307 (1979) (conviction must be supported by evidence from which any rational trier of fact could find guilt beyond a reasonable doubt)
- State v. Jamison, 49 Ohio St.3d 182 (1990) (credibility and weight of evidence are for the trier of fact)
- Davis v. Flickinger, 77 Ohio St.3d 415 (1997) (trial court best positioned to evaluate witness demeanor and credibility)