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Jogger won't be charged for kicking poodle
Law would have required state to pursue felony caseThe jogger who kicked and severely injured a 4-pound poodle will not be charged because of a quirk in Maryland law that would have required prosecutors to pursue the case as a felony -- something the dog's owner does not want to happen.
"We felt that we shouldn't ruin his life over this," said Janice Tippett, the owner of Jacquelyn, the tiny toy poodle that she described as still unable to walk or eat without assistance. "When we realized the ramifications associated with a felony charge, we decided not to pursue that."
Tippett and her roommate, Margo Owen, informed the Anne Arundel County state's attorney's office yesterday that they did not want to pursue felony charges against the jogger.
State's Attorney Frank R. Weathersbee called the women's action "an outpouring of compassion."
In a statement, Weathersbee said, "Respecting their request, my office will not pursue the matter further." He also said Tippett would not be charged under a county law that requires a dog to be on a leash or under control.
Weathersbee said he will seek to close a loophole in the state's animal cruelty law that prevented the jogger from being charged with a misdemeanor. The law defines a misdemeanor as an offense committed by the owner or caretaker of an animal. Weathersbee and Tippett said they hope the law is changed to cover anyone who mistreats an animal.
In contrast, state law allows for anyone who intentionally severely abuses, mutilates or tortures a dog to be charged with the felony of aggravated animal cruelty.
While the maximum penalty for a misdemeanor conviction is 90 days in jail and/or a $1,000 fine, a felony conviction is punishable by up to three years in jail and/or a fine of up to $5,000.
The widely publicized case began when Tippett was loading Jacquelyn into her car on the morning of Jan. 27. The dog took off after a jogger, who kicked the poodle because it was nipping at him, according to Anne Arundel County police. Police said he kicked the dog twice; Tippett said three times.
Tippett said her dog was kicked like a football, sent "spinning" four feet in the air and 10 feet away, landing unable to breathe and paralyzed.
The dog was treated at three animal clinics over 4 1/2 days before going home. The prognosis is good, Tippett said.
"Her hind legs are getting stronger," Tippett said, "but her front legs are still weak."
She said she devotes much of her day tending to Jacquelyn, massaging, moving and feeding the dog.
The jogger contacted Tippett after she posted signs in her Edgewater neighborhood. Tippett said she was confident that he would have been found guilty if she had pursued charges.
The jogger has not offered to pay Jacquelyn's medical bills, Tippett said. "I wish that he would come forward and take full responsibility for his actions."
Reached yesterday, the jogger said, "The whole experience has been really amazing." He declined to comment further. Police said the jogger cooperated with their investigation.
Tippett ordinarily brings the dog to the printing and marketing business she owns in Annapolis Junction. Clients have sent get-well balloons, and Howard County Executive James N. Robey visited Wednesday, she said.
More than 100 people from Maine to Florida have sent get well wishes to Jacquelyn, Tippett said, adding that she hopes the publicity will bring about a change in Maryland's law.
A representative from the People for the Ethical Treatment of Animals expressed disappointment in yesterday's decision.
"It begs the question: What if it were my dog?" said Martin Mersereau, the manager for PETA's domestic animal abuse department. "I wouldn't rest until [the jogger] was rotting in jail."
The state's attorney office has received more than 60 e-mails about the dog, Weathersbee said.
Kristin Riggin, a spokeswoman for the state's attorney's office, said the poodle's plight has received more attention than cases of murdered or abused children.
"Are people sending checks to children who are abused?" Riggin said. "Are people sending money to foster care?"