Man who hit dog sent to jail
Akron resident caught on video gets six-month term
BY STEPHANIE WARSMITH
Beacon Journal staff writer
But the sentence -- the stiffest he could have gotten-- was heralded as a victory by animal rights activists, who were outraged by the July beating incident that was caught on video by a neighbor. They flooded Judge John Holcomb's and the prosecutor's offices with letters and phone calls urging that Al-Zerjawi get the maximum sentence.
"I'm glad he didn't get off lightly and the judge took this seriously,'' said Nancy Hoge, executive director of the Humane Society of Greater Akron, which took Al-Zerjawi's dog in and found the pup a new home.
Al-Zerjawi, 27, was convicted last month of animal cruelty for the July 26 beating of his dog in his back yard. His neighbor -- who heard the dog crying and grabbed her video camera -- recorded Al-Zerjawi hitting the dog with a shoe, kicking the animal, picking the dog up by her ears and carrying her several feet with her legs behind her head. The neighbor then turned the 10-minute video over to police.
Prior to the sentencing, Tom McCarty, Al-Zerjawi's attorney, urged Holcomb to
show compassion toward Al-Zerjawi. He provided a glimpse into his client's life and an explanation for his behavior. McCarty said Al-Zerjawi was born in Iraq and saw his brother murdered by Saddam Hussein's army. His father was also killed, McCarty said. Al-Zerjawi refused to join the Iraqi military. He wound up spending seven years in a refugee camp in Saudi Arabia before immigrating to the United States two years ago.
About a year ago, Al-Zerjawi was working for a machining company in Barberton when he severely hurt his back. McCarty first met him when he needed help with a worker's compensation claim. McCarty said Al-Zerjawi was suffering from pain from his injury and was switching from one medication to another when the beating incident happened. He said his client was suffering from depression, getting little sleep and just "snapped'' when his dog was being noisy.
"He did something totally outside of his regular character,'' McCarty said. Prior to this incident, McCarty said, the dog was well-treated and that his client is "deeply sorry'' about what happened. Assistant Prosecutor Michael Defibaugh countered McCarty's explanation, saying that Al-Zerjawi didn't appear to be having any trouble with his back when he lifted his dog by her ears in the videotape. Holcomb said what he found most disturbing about the video was how the attack appeared to be "premeditated.'' He said Al-Zerjawi seemed to have a "matter-of-fact'' attitude about beating his dog. "He picks the dog up and it looks like he's holding a chicken to be slaughtered,'' the judge said.
In addition to the maximum jail time, Holcomb told Al-Zerjawi that he may not own another pet, though he said he could apply to the court later on for permission. Both McCarty and his client were clearly disappointed with the verdict.
"Safaa is one of the most mild-mannered individuals I've encountered,'' said McCarty, who was hoping for probation and plans to request an early release. "I think he would never do this again."
After the sentencing, Tammy Belvin, Al-Zerjawi's tearful girlfriend, said the couple had treated the dog well. She showed pictures of when they took the puppy on vacation. "I'm surprised by the whole thing,'' Belvin said.
City officials contacted the Immigration and Naturalization Service about Al-Zerjawi's immigration status, but said yesterday they have never heard back from the federal agency. McCarty said he spoke with an immigration attorney who assured him that Al-Zerjawi's actions did not constitute "a crime of moral turpitude,'' which is the required standard for deportation. He said being forced to return to Iraq would place his client's life in jeopardy.
Humane officials said dozens of people expressed interest in adopting the dog they named Heidi. After interviewing several prospective candidates, a Summit County couple was chosen. Hoge said Heidi had a part in choosing her new family -- the dog immediately ran up to the couple and appeared comfortable with them. Hoge said she hopes this incident will serve as a warning to others. "We hope this sends a message that animal cruelty is a serious offense and will not be taken lightly,'' she said.
Edna Yates
Akron Municipal Court
Harold K. Stubbs Justice Center
217 South High Street
2nd Floor
Akron, OH 44308
Phone: 330-375-2052
Fax: 330-375-2303
email: [email protected]
I understand that on October 25th you will be sentencing Safaa Abdu Al-Zerjawi, who was convicted of beating his female puppy. I urge you to give this case the same consideration that you would give any other crime of senseless violence.
The key evidence in this brutal case is a video made by a neighbor showing Al-Zerjawi beating his puppy for at least ten minutes. Although the dog was screaming, Al-Zerjawi showed no mercy.
As you may know, social scientists and law enforcement officials have identified animal abuse as a symptom of emotional illness and a precursor to violent crimes against human beings.
I request that the harshest penalty be imposed against Al-Zerjawi, including the maximum jail sentence. In addition, I strongly suggest that he receive mandatory psychological counseling and be prohibited from ever owning or harboring animals.
Thank you for your valuable time and consideration.
Sincerely,
The boxer puppy screamed - a sound not quite human, but obviously one of pain - as her owner mercilessly beat her.The beating - caught on video by the owner's neighbor - continued for 10 minutes. The animal can be seen being hit with a shoe, kicked, picked up by her ears and carried several feet with her legs twisted behind her head.Yesterday, Safaa Abdu Al-Zerjawi, the dog's owner, was convicted of animal cruelty largely because of the amateur video.
Dog owner faces charge of cruelty
Appalled neighbor's "shocking" video sways police
BY STEPHANIE WARSMITH
Beacon Journal staff writer
A 10-month-old boxer puppy has been taken from her owner while he faces a criminal charge that he severely beat her.
Police say the Akron man hit the dog with his shoe, picked the puppy up by her ears, lifted her by her front legs and twisted her legs behind her head until they touched.
The man's neighbor caught most of the incident on video.
Those who have reviewed the video -- including police officers, prosecutors and animal rights advocates -- use terms such as "shocking'' to describe it.
"It almost made me ill,'' said Nancy Hoge, executive director of the Humane Society of Greater Akron. "The thing that was most scary was that there was no emotion. It was just cold.''
Safaa Abdu Al-Zerjawi, 27, the dog's owner, has pleaded not guilty to charges of animal cruelty, failure to register a dog and failure to vaccinate a dog, all misdemeanors. Al-Zerjawi is to have a pretrial hearing tomorrow morning in Akron Municipal Court before Judge John Holcomb. The Humane Society has custody of the dog, which workers are calling Heidi. Humane Society officials say the dog is doing well and has recovered from her injuries, which included severe bruising.
Police were called to Al-Zerjawi's Ardella Avenue home on July 26 by neighbors who live behind him.
Linda Foster, 39, said yesterday that she and her husband were having dinner when they heard a strange noise. She said she looked out the kitchen window at the back of her house and saw Al-Zerjawi picking the dog up by the chain around her neck so she was dangling in the air. Foster said the sound was the dog gagging and gasping for breath.
Foster asked her husband to call police and grabbed her video camera, which has a zoom lens. She then began filming what was happening.
"I don't know if he was trying to make the dog vicious or trying to kill it,'' she said in a telephone interview.
After filming for a short while, Foster said, she yelled at Al-Zerjawi to stop. She said he did, but not before picking the dog up by her ears.
Foster said Al-Zerjawi came to her house and said he had gotten mad because the dog had bitten him.
When police arrived, Foster said, she told them what had happened. She said they seemed skeptical until she played the videotape for them. They then alerted the Humane Society and the dog warden's office -- and both agencies sent officials out to review the video.
"When they see the video, they can see I'm not exaggerating,'' Foster said.
Hoge said Heidi whined and yelped in the video, but never barked or growled.
Lawyer Tom McCarty, who is representing Al-Zerjawi, played down the severity of the incident. He compared it to an incident involving President Lyndon Johnson, who was criticized after being photographed picking his dog up by the ears.
"It lived to wag its tail another day,'' McCarty said.
McCarty also said he thinks Foster may have exacerbated the situation by egging his client on as she videotaped him. "There were aggravating circumstances,'' McCarty said. "She was inciting the guy to play up to the camera.''
Al-Zerjawi, who normally works as a machinist, is undergoing rehabilitation after a work-related injury. Efforts to reach him for comment were unsuccessful.
City prosecutors declined to discuss details of the case or to release the video while the case is pending.
Hoge said she hopes Al-Zerjawi receives the maximum penalty to send a statement that animal cruelty charges will be taken seriously. She also said she would like to see Ohio's animal cruelty law toughened to classify as felonies the more severe cases and second offenses -- a step many other states have taken.
"If you take an animal into your home, you have an obligation to take care of it,'' she said.
Heidi's future will be determined by what happens in Al-Zerjawi's case. If he is convicted, the Humane Society will look for someone to adopt the puppy. If he is acquitted, the dog may be returned to his care.
Hoge described Heidi as gentle, quiet and friendly. "She's a good dog,'' Hoge said.
Stephanie Warsmith can be reached at 330-996-3705 or [email protected]
Douglas J. Powley
Chief City Prosecutor
and
Thomas M. Dicaudo
Chief Assistant Prosecutor
Harold K. Stubbs Justice Center
217 S. High Street
Room 203
Akron, Ohio 44308
Phone: PH. 330-375-2730
FAX: 330-375-2281
email: [email protected]
Judge John Holcomb
Akron Municipal Court
Harold K. Stubbs Justice Center
217 S. High Street
2nd Floor
Akron, Ohio 44308
Phone: 330-375-2052
Fax: 330-375-2303
email: [email protected]
Akron Police Department
Harold K. Stubbs Justice Center
217 S. High Street
2nd Floor
Akron, Ohio 44308
Phone: 330-375-2658
Fax: 330-375-2202
email: [email protected]
Mayor Donald L. Plusquellic
Suite 200 Municipal Building
166 South High Street
Akron, Ohio 44308
Phone: 330-375-2345
Fax: 330-375-2468
email: [email protected]
Provided By:
Edna Yates
