An Arkansas woman who authorities say starved three dogs to death and negligently caused the death of a fourth pleaded guilty Thursday to multiple counts of animal cruelty and received a five-year term of probation.
Magan Terry, 29, appeared before Circuit Judge Carlton Jones in Miller County with Texarkana lawyer Matt Stephens. Terry entered pleas of guilty to three counts of aggravated animal cruelty and a single count of misdemeanor animal cruelty.
As the sentencing hearing progressed, Deputy Prosecuting Attorney Connie Mitchell told the court that she did not approve of the defense's request to sentence Terry under a first-time offender law.
Arkansas Code Annotated 16-90-301 allows a first-time offender to plead guilty in exchange for probation. If the person successfully completes the terms of the probation, the charges can be sealed and expunged. That means the offender, after completing probation, could serve on a jury or in public office, and own or possess a firearm. A felony conviction can affect a person's employment prospects.
Stephens argued that Terry should qualify as a first offender. Mitchell pointed out that Terry's plea is to three felonies and involves the "deliberate" starvation and dehydration of three dogs.
"This was a deliberate act," Mitchell said. "She starved and/or allowed to dehydrate three dogs in her care. The fourth passed while in the care of Animal Care and Adoption."
Mitchell went on to describe one of the discoveries made by animal control officers on Terry's property July 9.
"One of the dogs was in a Rubbermaid tub taped shut," Mitchell said. "She said she put the dog in the tub after its death. I don't know if it was placed there prior."
The two other dogs were found in a closed bedroom in an advanced state of decay.
"Two of the dogs were decomposed to the point we couldn't identify their genders or their breeds," Mitchell said. "All that was left was a pile of fur."
When addressing the court, Terry said she believed a friend was caring for the animals while she was away caring for her mother after a stroke. Terry said she put one of the dead animals in the plastic tote because she couldn't afford the carcass collection fee to animal control and was unable to bury it.
Mitchell said that the condition of the one live pit bull seized and the decomposition evident in the three other dogs led her to question whether Terry was being truthful with the court.
According to a probable cause affidavit, the pit bull seized from Terry's home was emaciated and "appeared to be completely covered with fleas to the point that its back appeared to be black and the fleas appeared to move in waves across its body."
The stench of animal waste and decomposition was so strong that animal control officers put on hazardous materials suits before entering Terry's house.
Jones decided that Terry would not receive sentencing under Act 346. Jones did advise Terry, however, that other mechanisms exist under Arkansas law to expunge felony convictions after successful completion of probation and encouraged her to explore her options.
In addition to serving a five-year term of probation, Terry must pay a $1,500 fine and various court costs. She is prohibited from possessing any animals while on probation.
State Desk on 09/23/2018