Madison Twp. man not indicted on animal cruelty charge in dog’s death

Credit: DaytonDailyNews

A Madison Twp. man charged with felony animal cruelty wasn’t indicted by a Butler County grand jury this week, according to the Butler County prosecutor.

Charles Miller, 60, of Elk Creek Road, was arrested Aug. 6 after the charge against him was raised from misdemeanor to fifth-degree felony. He is accused of hitting a neighbor’s dog on Aug. 5 after he said the dog was in his chicken coop, then attacked him. The dog, a German Shepherd named Ruger, was later euthanized.

MORE: Madison Twp. man warns of violence as animal cruelty case goes to grand jury

Earlier this month, Middletown Municipal Court Judge James Sherron found probable cause that Miller committed cruelty to a companion animal, so the case was bound over to a grand jury.

Miller had appeared in Middletown court at least twice, and both times there was a large presence of protesters. After Sherron sent the case to a grand jury, Kevin Foster, the dog owner’s father, hinted there could be violence among neighbors on the Madison Twp. street where the incident took place.

Butler County Prosecutor Mike Gmoser said the grand jury considered one witness and “that particular witness had no fur or feathers in the game.” Gmoser said the state legislature has passed very specific laws allowing farmers to protect their livestock and poultry.

“Under the law, that cruel intent or cruel purpose is irrelevant,” Gmoser said. “The degree of force is not something that can be measured to determine whether or not there is criminal conduct. I know for the general population and owners and lovers of dogs this is not a very friendly law for their interest but it is the law.”

About the Authors