A judge declined Friday to allow the Morgan Hill man accused of
dragging his sick dog along a downtown sidewalk to be unsupervised
near his pet.
A judge declined Friday to allow the Morgan Hill man accused of dragging his sick dog along a downtown sidewalk to be unsupervised near his pet.
However, Superior Court Judge Ray Cunningham did say Kevin Fifield could visit with Snowflake, but only for short periods of time and only under the supervision of a veterinarian or similar professional who is qualified to care for animals.
Fifield, 59, of Morgan Hill, also pleaded not guilty today to felony charges of animal cruelty and resisting or deterring an officer at South County Courthouse.
As one of the conditions of his release from jail, Fifield was ordered by Cunningham to stay a minimum of 100 yards from Snowflake, an Australian cattle dog. As a result, Fifield has had to stay at a local hotel since his release from jail days after his July 27 arrest.
On July 27, police responded to calls from witnesses who said they saw Fifield dragging Snowflake, who appeared sick and unable to move, down a sidewalk near Monterey Road and Second Street, police said.
When police arrived, Fifield told them the situation was none of their business, and he picked up the 11-year-old, 25-pound dog and continued walking, police said. Officers stepped in front of him to stop him, and he threatened to kill at least one of them. Fifield struggled briefly before officers were able to subdue him, police said.
The dog was transported to San Martin Animal Hospital by the city’s animal control division. Snowflake was diagnosed with a high fever by vets at the animal hospital, police said.
At Friday’s hearing, Fifield requested that the protective order be removed or modified. Fifield’s wife, as well as three of the couple’s neighbors in east Morgan Hill testified they have always seen Fifield treat Snowflake well.
Marcy Powers, Fifield’s wife, said Snowflake’s condition with a cancerous tumor wrapped around her throat is terminal. The dog’s veterinarian recently took the dog off chemotherapy medication, but Powers said as long as Snowflake is able to eat and play, her spirits will remain high.
Before his arrest, Fifield would take care of Snowflake, feed her and play ball with her several times a day. Since his arrest, Powers has relied on a neighbor to feed the dog and take her outside while Powers works – but it’s an inconvenience for the neighbor and Snowflake would prefer more continuous company.
“She will do better if (Fifield) is at home with her,” Powers said on the witness stand Friday. Snowflake would probably eat more and play more if Fifield was home, Powers said.
Powers and other neighbors also testified Friday that they have never seen Fifield hurt Snowflake, and said he has always been nice to the dog.
While police cited Snowflake’s bleeding nails and paws as evidence of abuse, Powers said those wounds were caused by disabilities that prevent the dog from walking normally. She showed photographs indicating the wounds, and said even before the July 27 incident, Snowflake walks by dragging her nails.
“She has callouses on top of her toes because she knuckles under,” Powers said. “Her paws bleed because she does this on concrete.”
The couple rescued Snowflake more than 11 years ago, when she was a puppy. When she was about 6 months old, the dog suffered a broken neck following a sheep-herding lesson. She underwent surgery at University of California Davis at a cost of $4,500, and was able to walk again after recovering from the surgery, Powers said.
Furthermore, the couple discovered Snowflake suffers from a birth defect that has weakened two vertebrae in her neck.
When questioned by Deputy District Attorney Troy Benson, Powers also noted that she told police the day after Fifield’s arrest that her husband needs help with an alcohol problem. However, she testified that Fifield has not secured such help since he was released from jail, but has looked into entering a substance abuse program.
In response to Fifield’s bail conditions, the couple tried to make living arrangements that would allow Powers to stay with the dog away from their Morgan Hill home so Fifield could stay at the house. However, no available arrangements were suitable for Snowflake, and now Fifield has to stay in a hotel, his attorney Milton Gonzalez said.
In a statement at Friday’s hearing, Fifield apologized to police for threatening them. But he added that he was hit on the head “by nine officers, 90 times,” and had to travel to Arizona to have surgery as a result of the beating.
Benson said in his closing argument that Fifield’s treatment of Snowflake prior to the July incident doesn’t matter because he is accused of abusing the dog on only one occasion.
By law, the judge is required to assume the facts of the case are true when considering an order in a bail hearing, Cunningham explained.
The judge added, “I would have liked to have heard from Mr. Fifield some remorse for the dog.”
