KTUU.com | Alaska's news and information source | Man who beat dog, broke teeth gets 300 days in prison

Man who beat dog, broke teeth gets 300 days in prison

Editor's note: Further reporting has revealed that Harley is being held in protective custody status by the Municipality of Anchorage in temporary foster care. See below for details.

Also, due to the graphic nature of some photos of the beaten dog, we have not posted them here, but they are available by contacting the e-mail address below.

by Casey Grove and Jason Kohler
Tuesday, September 1, 2009

ANCHORAGE, Alaska -- A judge on Tuesday sentenced Robert M. McGowan, 50, to serve 300 days in prison after McGowan pleaded no contest to beating and stabbing his dog with a muzzle-loading rifle in February.

Harley, an adopted three-year-old Rottweiler, suffered broken teeth and stab wounds after the attack, said Animal Care and Control Center Manager Dr. Myra Wilson, who also testified that she had never seen that level of oral trauma on any animal in her many years of veterinary care, even among animals struck by vehicles.

Harley could have been euthanized, Wilson said.

"That would have been an easy decision, but he didn't deserve to die, he didn't ask for the beating," Wilson said.

Prosecutor Joan Wilson detailed for the court how McGowan's probation ended the day he beat Harley. McGowen left the dog locked in a bedroom for hours, and when he returned home drunk from celebrating at a local bar, found that Harley had soiled the carpet.

That's when a 15-minute beating from McGowan left Harley with broken teeth and deep lacerations.

"Mr. McGowan took Harley into the bathroom and grabbed a blunt instrument. (McGowan's roommate) was in his room, he didn't know what it was -- but what he heard, your Honor, he heard a sound he hadn't heard come from a living creature," Wilson said.

McGowan's defense attorney contended that his client has mental problems that cause him to lose control of his impulses when he's angry or agitated.

"I apologize to the community, I apologize to the state of Alaska," McGowan said. "I think Animal Control should do a better screening of animals before they adopt them."

Michele Girault with Friends of Pets disputed the claim that Harley was a mean dog.

"(The) lacertions across his body were pronounced, his mouth was swollen like he had a soft ball in his mouth," Girault testified. "And he was approachable -- he was scared -- but his tail would wag."

Anchorage Superior Court Judge Richard Postma sentenced McGowan to 360 days in prison with 60 suspended, 10 years probation during which McGowan cannot own an animal, and a $10,000 fine, which was suspended because McGowan depends on public financial assistance.

Three hundred sixty days is the maximum sentence for animal cruelty.

There was some added tension during the hearing when McGowan wanted to dispute the 10 years of probation, which includes that McGowan not drink alcohol, saying it was excessive.

Judge Postma had to cut McGowan off.

"Stop, stop stop!" Postma shouted. "Here's the deal sir -- part of reason you're on probabtion is there is evidence you don't respect boundaries of other peoople, and right now you talking over me shows you don't respect the court, so that's another reason you're on probation for 10 years."

The jail court at the Anchorage Correctional Complex -- where the hearing was held due to McGowan's incarceration on separate charges -- was filled with animal rights advocates, some of whom said they were pleased with the sentence.

Harley, who is now in protective custody and owned by the Municipality of Anchorage, is doing well after at least two corrective surgeries. He is now under the care of Animal Control and will be released so he can continue his rehabilitation and eventually be adopted, Girault, with Friends of Pets, said.

McGowan has been charged with 74 criminal offenses and 47 separate arrests in two states, most in Alaska, between 1980 and 2009. He's been convicted of 29 crimes, including assault, drunken driving and eluding officers.

Felony charges that McGowan also tried to hide or destroy evidence and tried to get his roommate to lie about the incident are still pending.

Contact Casey Grove at cgrove@ktuu.com