and

SATTERTHWAITE

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A Fayetteville man

was convicted of two counts of animal cruelty

Monday in Fayette County State Court.

Brian Kovach, 27,

pled nolo contendre and was sentenced to 12

months probation on each count, to be served

consecutively, and $1,500 in fines plus court

costs. He must also pay $487 in restitution to

the Fayette Animal Shelter.

According to

citations dated March 31, Kovach failed to

provide adequate food and water for a black Great

Dane as well as a brindle and white pit bull,

both of which he abandoned at 106 Perch Point in

Peachtree City.

Neighbors called

animal control authorities in April when they

noticed that a couple of dogs in backyard pens

had not been fed or watered for several days, and

apparently abandoned by their owner.

"Evidence that

we have gathered suggests they just moved off and

left the dogs uncared for," Donna Evans,

animal control officer for Fayette County, said.

"One is a 5-month-old Great Dane that looked

like a skeleton. The other is a pit bull. We

worked to save them, had them checked out by a

vet, but it's going to be a slow process."

When she first

spoke to a reporter, citations had been drawn but

not yet served, and Evans chose her words

carefully so as not to jeopardize a case she felt

strongly about. Not even her most cautious

phrasing, however, could disguise her anger and

sorrow.

"The pit bull

is a very sweet dog," she said, although it

displays aggression to other dogs at feeding

time. Evans was confident that dog would survive.

But the plight of the Great Dane worried her

more. The nutritional needs of any growing pup

are crucial to proper development, and this tall

adolescent was desperately behind the curve. Her

very survival was in question, and if she lived,

her future health.

Officers went to

the Perch Point residence, put down food and

water for the dogs, and left notices, Evans said.

When they got no response, they went back and

found the dogs in same condition. "We never

heard from [the owner]," she said, and when

it became obvious that the animals' lives were at

risk, seized the pair and began rehabilitation at

the animal shelter on Ga. Highway 74 South.

Enter county

solicitor Steve Harris, whose responsibility it

is to prosecute infractions of state and county

ordinances in Fayette County. His task was not

easy, but ultimately yielded results.

"This family

was difficult to find," he said. "They

moved out, and currently are living in Peachtree

City. The dogs were impounded as the result of a

complaint and are being nursed back to health.

"Animal

control officers made an attempt to notify him by

certified mail that they have the animals,"

he continued. "We will also serve him with a

charge of the state law on cruelty to animals. In

the 2000 legislature, there was a move afoot to

make the subsequent death of animals or behavior

that causes animals to die a felony. It is now a

misdemeanor, but the felony provision will take

affect after July of this year."

Could the owner try

to reclaim the dogs? Harris was asked.

"If the owner

is located and wants them back, we're not going

to let him have them back," he said.

"We have the right to refuse to return

animals to [any] owner who abused them. We'll

make that a condition of his bond." Meaning,

he forfeits bond and goes to jail if he tries to

get the animals back.

"It's a matter

of common sense," the solicitor said.

Both Harris and

Evans were pleased that the case would be heard

good judge," Evans said. "He and the

solicitor, Steve Harris, do a good job with our

cases." She said the judge has told people

they can never own another animal.

"He told one

lady he had in court - her animals were

running loose and her dog had bitten somebody

- he told her she was not allowed horses,

cats, dogs, or anything.

Harris put it more

succinctly: "Judge Sams is not very tolerant

of these cases."

Fortunately, Evans

added, "in this county you just don't see

that much of this severity. We have a lot who

don't provide shelter or water for their animals,

but it's seldom this bad. And everybody's

hesitant to get involved. They want to remain

anonymous, and that makes our job more difficult,

but in cases like this, thank goodness they were

willing to come forward."

And now that

justice has been served, what of the dogs'

future? "Somebody at rescue is interested in

the Great Dane," Evans said, referring to

one of many organizations devoted to fostering

purebred dogs until permanent homes can be found

for them.

"In a special

case like this, if you put the word out, people's

hearts open. We really would like to see them go

to a rescue because rescue can be very particular

about the home they go into," Evans said.

Public animal

shelters have little control over placement of

animals. Evans said the pit bull is probably

purebred, and possibly the Great Dane is too.

Both dogs have made remarkable recoveries from

their ordeal and show no animosity toward the

species that inflicted upon them

"unjustifiable physical pain [and]

suffering." The species that thinks dogs are

dumb animals.

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