ASHLAND — Ashland Municipal Court Judge John Good described the allegations against a Loudonville dog breeder as “troubling.”
Daniel Miller, who was arrested Tuesday, made his initial appearance before the judge early Wednesday morning. Ten new charges were filed against the 64-year-old on Tuesday by the Ashland County Sheriff’s Office and signed by Deputy Curtis Hall, who also serves as the county’s dog warden.
Those 10 charges include six counts of cruelty to a companion animal (first-degree misdemeanors), engage in sexual conduct with an animal (second-degree), possessing criminal tools (first-degree), deprive a companion animal of sustenance (first-degree) and torture, torment or commit act of cruelty (second-degree).
Good set Miller’s bond at $25,000 cash, with no permitted 10-percent posting, and personal recognizance bond.
“I think it (10-percent posting) would be demeaning to the seriousness of the allegations,” the judge said. “I’m going to require a $25,000 cash appearence bond. The court will accept a bail bond in the amount of $25,000.”
Good also granted a motion from the state to apply a special condition to Miller’s bond, specifying that he cannot possess, keep, have under control or harbor any animal while the case is pending.
DanaMarie Pannella of Holland and Muirden, the special prosecutor assigned to the case, made the state’s motion for the special bond condition.
First-degree misdemeanors carry a maximum penalty of 180 days in jail and a fine up to $1,000, Good said. The maximum penalty for second-degree misdemeanors is 90 days in jail and a fine up to $750.
Pannella said she does not anticipate any felony charges against Miller at this time, citing a lack of evidence necessary to support a felony charge.
Miller is additionally charged with falsification (first-degree misdemeanor) and obstructing official business (second-degree) stemming from his Aug. 27 arrest. That arrest came following an ACSO investigation which led to Miller surrendering 72 dogs into the custody of the Ashland County Humane Society.
Court records dated Aug. 31 show a 10-percent cash bond was posted by Mahlou Hochstetler in the amount of $854 following Miller’s first arrest.
An arraignment and pretrial — for the two charges stemming from Aug. 27 — are set for Oct. 13 at 2 p.m. Good also scheduled the pretrial for Miller’s 10 new charges for the same date and time.
However, should Miller not be able to make bond, the judge said he does not want him sitting in the Ashland County Jail for 30 days.
Good told Miller to have his attorney, Patrick Brown, contact the court if he is unable to make bond and the pretrial date will be moved up “drastically.”
“We’ll get it set as quickly as we can,” the judge told Miller. “We’ll get this case set for trial and I will give you the first trial date that I can give you.”
Brown was not present in the courtroom Wednesday. A spectator in the gallery told Good that Brown was representing an individual in Wayne County and unable to attend.
Good told Miller he would not be asking him to offer a plea Tuesday since he was not represented by counsel.
The 64-year-old told the judge he’s resided in Ashland County for 31 years. According to Pannella and Hall, Miller has no previous criminal history.
Judge reviews what new charges allege
Each count alleges the actions occurred at Miller’s Loudonville property, 362 Ashland County Road 2575, between Feb. 1 and Aug. 27.
- Count 1 (torment or commit act of cruelty): alleges Miller negligently “torture, torment or commit an act of cruelty” against a companion animal.
- Count 2 (deprive a companion animal of sustenance): alleges Miller negligently deprived an animal of necessary sustenance or confined them without sufficient quantities of wholesome food and water.
- Counts 3-7 (cruelty to a companion animal): allege Miller did negligently “torture, torment or commit an act of cruelty” toward five separate dogs, identified as Tiana, Merida, Bella, Jane and Hazel.
- Count 8 (possessing criminal tools): alleges Miller did possess or control a dog, identified as Hiro, “with purpose to use it criminally.”
- Count 9 (engage in sexual conduct with an animal): alleges Miller “knowingly engaged in sexual conduct with an animal or knowingly possessed, sold or purchased an animal with the intent that it be subjected to sexual conduct.” This charge also names Hiro as the dog involved in the alleged offense.
- Count 10 (cruelty to a companion animal): alleges Miller “knowingly tortured, tormented, needlessly mutilated or maimed, cruelly beat, poisoned, needlessly killed or committed an act of cruelty” against a companion animal. This charge again names Hiro as the dog involved in the alleged offense.
Good reacts to ‘bestiality’ allegation
Despite hesitation, Good said he is shocked that bestiality is only a second-degree misdemeanor in the state of Ohio.
“I had to look that up myself because I could absolutely not believe that,” he said. “Apparently, the state of Ohio is, as we speak, trying to fix that.”
In June, the Ohio Senate unanimously passed Senate Bill 393 which would increase the penalties for bestiality from a misdemeanor to a felony and expand the scope of the law to include the creation or possession of materials depicting sexual conduct involving animals, according to Ohio Animal Advocates.
Senate Bill 393 has not made it past the Ohio House of Representatives. Even as it progresses, Good noted it would not impact Miller’s case.
“Mr. Miller has the right to be charged and prosecuted under the law as it existed at the time of his alleged offense,” he said. “I guess as outrageous as I find it, this alleged conduct, these are all misdemeanors.
“I’m not presuming you’re guilty Mr. Miller, I don’t want you to think that. You’re presumed innocent in this court. It is just that if these allegations are true, it is shocking to me that they are not felonious — but they’re apparently not.”
