A man has been jailed for 29 days for letting his pet pit bull starve to death in his backyard

The owner, Brandon James Kester entered a best interest plea to the charge of cruelty to animals and was ordered to serve 29 days of an 11-month, 29-day sentence and perform 25 hours public service work. His wife, Judith Ann Kester, entered a no contest plea to same charge and was granted an 11-29 judicial diversion which means she can have her criminal record erased if she gets into no more trouble during her year on probation. Both have been warned to not own any more animals. The couple were allowed to plea down the charges to misdemeanors. They were originally charged with felony aggravated animal cruelty which carries up to two years in prison.

Their charges come after Animal Control officer David Denton found their mixed pit bull-boxer chained and dead inside its dog house near their apartment. He testified Tuesday the dog was “extremely emaciated” and a veterinarian told him the dog likely died from malnutrition.

The dog, Denton said, weighed 35 pounds when it was found. He noted such breeds usually weigh around 60 pounds.

Denton said he confronted Mrs. Kester about the dead dog when he found it.

“She said she had hand-fed the dog the day before,” Denton noted, saying he didn’t feel the woman was too depressed about the dog being dead.

Defense attorney Steve Roller suggested during preliminary hearing earlier this year that prosecutors were jumping the gun in to accusing the couple of a felony given the fact there was food and water in the dog’s dish.

“There was food available to the dog,” Roller pointed out while noting there was not an examination done to figure out what exactly claimed the dog’s life.

As for the light weight of the dog, Roller maintained the dog had recently had puppies explaining why it was comparatively thin.

“There are a myriad of reasons a dog can lose appetite,” Roller said.

Judge Bill Locke, who bound the case to circuit court following that hearing, pointed out that the dog “didn’t get in that condition overnight.”