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Not guilty plea in animal cruelty case

YOUNGSTOWN — Gary L. Smith of North Benton was released from the Mahoning County jail after spending nearly a week there on felony animal cruelty charges connected to the discovery of two dead dogs and four live dogs on his property.

He was released after pleading not guilty Wednesday in Mahoning County Common Pleas Court to four counts of animal cruelty. Magistrate James Melone arraigned him on the charges, which include two specifications that he used a gun.

Those specifications could add years of mandatory prison time to his sentence if he is convicted.

Animal Charity of Ohio, the humane society in Mahoning County, charged Smith, 41, after finding a grave with animals in it at his Martin Road home in January, leading to an investigation in which Animal Charity alleged Smith shot the dogs to death out of spite involving a domestic situation.

All six dogs involved are American Bulldogs. The offenses are alleged to have occurred Jan. 15 to 27. The charges were filed Jan. 27.

Smith was released from the jail after posting $20,000 bond.

A hearing was scheduled for Feb. 6 in Sebring on what should happen to the four live dogs, but Smith voluntarily surrendered them to Animal Charity, making the hearing unnecessary, according to court records.

The Animal Welfare League of Mahoning County was granted the right to adopt the dogs to a third party or otherwise dispose of them as it deemed appropriate, the judge ruled.

Smith was also charged in Mahoning County Sebring Area Court with two minor misdemeanor drug offenses filed against him Jan. 27 by Smith Township police — illegal use or possession of marijuana and drug abuse or possession.

He pleaded not guilty to those charges Feb. 13 before Judge J.P. Morgan and was released on $150 bond. He also was charged with those offenses Jan. 27.

erunyan@tribtoday.com

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