By MONROE ROARK
mroark@thecitizennews.com

and

By SALLIE SATTERTHWAITE
sallies@juno.com

A Fayetteville man was convicted of two counts of animal cruelty Monday in Fayette County State Court.

Brian Kovach, 27, pled nolo contendre and was sentenced to 12 months probation on each count, to be served consecutively, and $1,500 in fines plus court costs. He must also pay $487 in restitution to the Fayette Animal Shelter.

According to citations dated March 31, Kovach failed to provide adequate food and water for a black Great Dane as well as a brindle and white pit bull, both of which he abandoned at 106 Perch Point in Peachtree City.

Neighbors called animal control authorities in April when they noticed that a couple of dogs in backyard pens had not been fed or watered for several days, and apparently abandoned by their owner.

“Evidence that we have gathered suggests they just moved off and left the dogs uncared for,” Donna Evans, animal control officer for Fayette County, said. “One is a 5-month-old Great Dane that looked like a skeleton. The other is a pit bull. We worked to save them, had them checked out by a vet, but it's going to be a slow process.”

When she first spoke to a reporter, citations had been drawn but not yet served, and Evans chose her words carefully so as not to jeopardize a case she felt strongly about. Not even her most cautious phrasing, however, could disguise her anger and sorrow.

“The pit bull is a very sweet dog,” she said, although it displays aggression to other dogs at feeding time. Evans was confident that dog would survive. But the plight of the Great Dane worried her more. The nutritional needs of any growing pup are crucial to proper development, and this tall adolescent was desperately behind the curve. Her very survival was in question, and if she lived, her future health.

Officers went to the Perch Point residence, put down food and water for the dogs, and left notices, Evans said. When they got no response, they went back and found the dogs in same condition. “We never heard from [the owner],” she said, and when it became obvious that the animals' lives were at risk, seized the pair and began rehabilitation at the animal shelter on Ga. Highway 74 South.

Enter county solicitor Steve Harris, whose responsibility it is to prosecute infractions of state and county ordinances in Fayette County. His task was not easy, but ultimately yielded results.

“This family was difficult to find,” he said. “They moved out, and currently are living in Peachtree City. The dogs were impounded as the result of a complaint and are being nursed back to health.

“Animal control officers made an attempt to notify him by certified mail that they have the animals,” he continued. “We will also serve him with a charge of the state law on cruelty to animals. In the 2000 legislature, there was a move afoot to make the subsequent death of animals or behavior that causes animals to die a felony. It is now a misdemeanor, but the felony provision will take affect after July of this year.”

Could the owner try to reclaim the dogs? Harris was asked.

“If the owner is located and wants them back, we're not going to let him have them back,” he said. “We have the right to refuse to return animals to [any] owner who abused them. We'll make that a condition of his bond.” Meaning, he forfeits bond and goes to jail if he tries to get the animals back.

“It's a matter of common sense,” the solicitor said.

Both Harris and Evans were pleased that the case would be heard by state court Judge Fletcher Sams. “He's a good judge,” Evans said. “He and the solicitor, Steve Harris, do a good job with our cases.” She said the judge has told people they can never own another animal.

“He told one lady he had in court — her animals were running loose and her dog had bitten somebody — he told her she was not allowed horses, cats, dogs, or anything.

Harris put it more succinctly: ”Judge Sams is not very tolerant of these cases.”

Fortunately, Evans added, “in this county you just don't see that much of this severity. We have a lot who don't provide shelter or water for their animals, but it's seldom this bad. And everybody's hesitant to get involved. They want to remain anonymous, and that makes our job more difficult, but in cases like this, thank goodness they were willing to come forward.”

And now that justice has been served, what of the dogs' future? “Somebody at rescue is interested in the Great Dane,” Evans said, referring to one of many organizations devoted to fostering purebred dogs until permanent homes can be found for them.

“In a special case like this, if you put the word out, people's hearts open. We really would like to see them go to a rescue because rescue can be very particular about the home they go into,” Evans said.

Public animal shelters have little control over placement of animals. Evans said the pit bull is probably purebred, and possibly the Great Dane is too. Both dogs have made remarkable recoveries from their ordeal and show no animosity toward the species that inflicted upon them “unjustifiable physical pain [and] suffering.” The species that thinks dogs are dumb animals.