CLEARFIELD – A protest by an animal rescue group led to the continuance of the sentencing of a Mahaffey man accused of being involved with the shooting of a dog last November.
More than a dozen members of Animals Matter picketed outside the Clearfield County Courthouse with signs saying “Justice for Duke” to show their displeasure in a plea agreement that would drop a felony charge against Ricky Allen Daisher, 60, of Mahaffey and give him a probation only sentence.
During the sentencing hearing, Heather Hoover, president of the group, addressed President Judge Fredric J. Ammerman explaining their frustration in this case.
She recounted how Duke was found laying in the grass in Greenwood Township, with his mouth tied shut and a gunshot wound. The bullet had bounced off his skull before striking his jaw and ear. He suffered for 21 hours before he was found and rushed to an emergency Veterinarian hospital.
For two days, he was in an out of consciousness, she said. Eventually the medical team at Metzger Animal Hosptial in State College had to make a decision on whether to put him down or transfer him to a facility in Pittsburgh.
The group decided “he deserved a chance” and took him to Pittsburgh where he began to recover. And, $12,000 was raised by members of the group who followed his saga on Facebook.
Hoover disputed the claims from the former owner, Nichole Daisher, that the dog was aggressive, noting the dog was also emaciated and malnourished.
The affidavit of probable cause indicates Duke was actually shot by a juvenile who was also charged in this case.
Referring to Ricky Daisher, Hoover stated that “he may not have done it, but he could have stopped it.”
The new owners have seen no signs of aggression from Duke, now known as Goldie, she said.
She pointed out that if there are minimal consequences for such animal cruelty, it only “shows that it is okay to abuse an animal.”
She also mentioned that at the preliminary hearing, the assistant district attorney fought to keep a felony charge of criminal conspiracy/aggravated cruelty to animals, but it was dropped when the plea agreement was reached.
Ammerman responded that he had also received letters regarding the case, asking him to consider rejecting the agreement. He noted that the detail of the juvenile’s case could not be discussed.
He then reviewed Daisher’s prior record, which is minimal with only a few traffic summaries.
First Assistant District Attorney F. Cortez “Chip” Bell explained that there would be difficulty prosecuting the case because the act was done in secret with only three people involved who are all charged with the crime and have the right to remain silent.
Ammerman agreed that if the case was taken to trial, Nichole Daisher could not be forced to testify. He asked if District Attorney Ryan Sayers had spoken with the group, and Bell said the plea was his decision and he sticks by it. Although not directly involved, he said Sayers did sign off on it.
Ammerman stating that there are not many protests in criminal cases, decided to continue sentencing for Daisher so that he could review the medical records and police reports. He suggested members of the DA’s office meet with the group to further explain why the agreement was made.
Daisher’s defense attorney, Robbie Taylor, agreed to the continuance for sentencing on Dec. 9.
It was in July that all charges filed by state police against Nichole Marie Daisher, 32, and her father, Ricky Daisher including felony conspiracy/aggravated cruelty to animals, misdemeanor cruelty to animals, misdemeanor neglect of animals-vet care, and summaries were held to court after a preliminary hearing before District Judge Jerry Nevling.
Charges were also filed against the juvenile who has already served time on a felony charge and has been released on probation, according to Hoover.
The case against Nichole Daisher is still pending.
(For more background on this case, click here.)
