Two years' probation for animal cruelty case

Aug. 5—A Crossville woman who pleaded guilty to the indictment of cruelty to animals in December was sentenced to the maximum allowed — suspended for supervised probation — and is to meet a host of other conditions following a sentencing hearing Wednesday.

As part of her plea agreement on Dec. 7, Jordyn Shae Howard, 26, agreed to the sentencing hearing to allow a judge to determine the amount of sentence and the manner that sentence would be served.

Judge Gary McKenzie heard testimony from two people — a state probation officer and an animal rights advocate — and outlined the enhancing and mitigating circumstances introduced as evidence.

The case centers around a dog found chained to a tree in a yard at a Prentice St. residence in July 2019. Crossville Police Department was called to investigate.

Det. Jon Tollett testified during a preliminary hearing in March 2020 that A Time for Paws received multiple calls about the condition of the dog, which was found to have been secured to the property by a chain padlocked to the dog's collar.

A volunteer with that animal advocacy group delivered straw to the property to keep the dog warm during cold weather and volunteers would take food to the dog periodically.

On July 13, 2019, a volunteer took the dog and delivered the animal to Best Friends Veterinary Hospital. The dog scored the lowest score on the emaciated scale used to describe a canine's health.

The dog was euthanized the following day after it was determined it could not recover from its poor condition, according to the warrant.

In Wednesday's hearing, Assistant District Attorney Philip Hatch called Tennessee Department of Corrections Probation Officer Charles Ztiriz who testified he did the pre-sentence report. He also testified as to drug screens involving Howard.

Ztiriz said that the only charge he found on Howard's record was a simple possession of marijuana conviction in July 2018. He testified following that plea, Howard did not produce a urine sample for a drug screen but admitted she would have tested positive for marijuana use.

In February 2021, a drug screen was obtained and results were positive for the presence of marijuana in her system.

Under cross examination from court-appointed attorney Nathan Clouse, Ztiriz testified that Howard has been cooperative with the probation office and has not had additional positive drug screens.

Karen McMeekin, founder of A Time for Paws and an animal welfare advocate, testified that her group regularly receives public reports relating to animal neglect and/or abuse. Some cases involve "difficulty in taking care of animals, and some are intentional," she said.

She said about five of those cases annually are referred to police agencies for further investigation and action.

McMeekin testified she did not personally speak to Howard, but others did through her husband at the time — who brought the dog to the house and left it chained to the tree when arrested on a methamphetamine possession charge.

No witnesses were called for the defense, but Howard make a brief elocution statement. This is an unsworn statement in court that is not subject to questioning by attorneys for either side.

The judge has the option of putting whatever weight on the statement he finds appropriate but is not bound to take it into consideration when reaching a decision.

"I have changed over the past two years," Howard said. She credited this with the life-changing event of having a child and being a single parent. "I have a 10-month-old in my life now. I don't do drugs. I am a single mom."

It then fell on McKenzie to weigh the enhancing and mitigating factors as outlined by state law. This included just how much time would be served on a two-year sentence with state "kick-out" policies. Since the state does not have a truth-in-sentencing law, a sentence on the book and the actual time served are conflicting and confusing to the public.

At sentencing hearings, the judge is required to begin on a level plane. Evidence of enhancing factors cause the scales to lean toward a harsher sentence, while mitigating factors cause the scales to tip toward a lighter sentence.

Under Tennessee law, the charge of animal cruelty is a Class E — the lowest classification — of a felony. The sentence range is one to two years.

McKenzie noted that the state's position is that there is a problem in the community, statewide and nationally on animal neglect and/or abuse.

Clouse argued that by previous agreement, Howard was to not to be in possession of an animal.

"It happened two years ago, and there have been no other issues," Clouse said.

"She is a different person today," Clouse continued. He concluded that there have been no instances or trouble reported since she entered her plea.

McKenzie noted that as a Range 1 offender, any sentence would be served at 30% under state law. With a sentence of two years, there is an automatic "kick out" date by the state and the judge estimated Howard would serve around 150 days in jail.

He did take into consideration as enhancing factors the previous misdemeanor marijuana arrest and failed drug test.

"There are no other enhancing factors before the court," the judge said.

Mitigating factors is the elocution statement during which Howard said she is a changed person, caused by the birth of her child.

He noted no testimony of new arrests.

"Do I take the mother of a 10-month-old and put her in jail ... how do you get around what happened to the animal?" the judge continued.

He then issued his ruling calling for the following:

—Two years on supervised probation (maximum);

—150 hours of community service with an animal shelter or humane society;

—Banned from having animals for four years;

—Restitution for vet care of the dog (included in the guilty plea) when documented;

—Subject to random drug testing; and,

—Payment of court costs and probation fees.

Looking at Howard, McKenzie said, "You are at a crossroads. You can make changes ..."

Michael Moser may be reached at mmoser@crossville-chronicle.com