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Old 09-01-2004, 12:06 AM   #1
fasteddie
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Default [News] Man Only Gets 3 Days in Jail for Yorkie Theft and Death

I think the sentence is too light!
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It's three days in jail -- 21 in dog time -- for an Akron man convicted Tuesday of swiping a puppy from a pet store.

Todd Bittner, 20, must also repay the owner of the Pets Pajamas store in the Montrose area $1,500 for the stolen Yorkshire terrier puppy, now presumed to be dead.

In addition, Summit County Common Pleas Judge Patricia A. Cosgrove ordered Bittner to make a $500 donation to the Humane Society of Greater Akron to help abused animals.

The judge also suspended a one-year prison term and placed Bittner on two years' probation after convicting him of felony theft.

Bittner was immediately handcuffed by a deputy and taken to the Summit County Jail to serve his sentence.

It may be a rough jail stint for a first-time offender, but pet store owner Kathy Perich said the punishment fits the crime.

The 1-pound, 12-week-old puppy was not eligible for sale because of its tender age and special feeding needs. Authorities believe the puppy died while in Bittner's care.

The purebred, teacup-sized terrier was to go on sale for $1,000, a price Bittner and his attorney tried to contest to win a misdemeanor conviction.

``I'm delighted with the judge's sentence and I'm guessing the puppy is smiling somewhere,'' Perich said. ``I think this sentence will give (Bittner) time to think about what he did and also help some unwanted animals (at the shelter).''

Bittner doesn't deny stealing the pup. He does deny the terrier died during the days after the theft.

He said he took it to two veterinarians for treatment after the terrier appeared ill. He said an unknown person at the second veterinarian office took the pup, but when he returned, office workers told them the man didn't work there.

Cosgrove called the story ``highly suspect.''

In court with his attorney, Thomas Bauer Jr., Bittner apologized.

The case went to trial last week. Bittner tried to argue that the dog was worth less than $500, the legal threshold for a misdemeanor theft charge.

Prosecutors refused to allow him to plead to the reduced charges because they believe the dog died days after being stolen.

Bittner said that when he entered the store Feb. 17, he had no intention of stealing the pup. He did, though, and Perich gave chase, writing down his license plate number when he refused to surrender the dog.

Days later, Perich said, Bittner called seeking to return the terrier if she dropped her police complaint. She would not.

``It's a mistake I made and I have to deal with the consequences,'' Bittner told the judge.

http://www.ohio.com/mld/ohio/news/9551289.htm?1c
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