SALT LAKE CITY (ABC4 News) – A tortured dog got justice from a judge.
“Gabby” was an eight month old puppy when she was repeatedly beaten by her owner’s boyfriend.
A judge sentenced Anthony Spidle to a term of 0 to 5 years in prison for the crime.
Spidle is the first to be sentenced under a new animal abuse law called Henry’s Law.
A year ago, Gabby was barely alive after she was taken to a vet for her injuries.
According to court records Spidle was angry at his girlfriend Jennith Bemus.
His mom who witnessed the torture said he grabbed the puppy by his legs and threw him against the wall. He then began to beat the dog again and jumped on the puppy’s head and throat saying that “he was going to kill him, cut off his head and give it to Jennith Bemis."
But Gabby survived the torture and has now been adopted by a Park City family.
"As far as I know she's doing fine, a little skittish but she's doing fine,” said Bemus following Friday’s sentencing.
Spidle who has been in jail for eleven months pleaded guilty to animal cruelty and witness tampering.
Judge William Barrett sent him to prison for up to five years at today's sentencing.
Spidle’s attorney sought probation and claimed prison is much too severe for animal abuse.
Attorney Dean Zabriskie said if a person would have been hurt like Gabby the crime would have only been charged as a class A misdemeanor.
"The equation that a dog or any animal is equal to the well being of a human being is might be a little skewed,” Zabriskie said. “The dog should not have been abused. We just think the consequences are more severe than is justified."
But animal advocates who attended the sentencing found Zabriskie’s statements out of line.
"Oh my gosh I thought that was absurd,” said Anne Davis of Animal Advocacy. It made me angry. It really did make me angry."
The judge was concerned over Spidle’s criminal past. He had a history of fighting and was convicted of several assaults. Spidle was on probation at the time of his arrest.
“I am so concerned with this kind of behavior and I don’t want to take that risk,” said Judge Barrett. “It hurts my heart to do it but he has to go to prison. I need to protect the people out there.”
The prison sentenced satisfied both Animal Advocates and Gabby’s former owner.
“It's about damn time,” Bemus said. “It's been going on for a year now and I'm just glad it’s over.”
