Man pleads guilty to lesser charge in animal abuse case

WEARE, N.H. – A 19-year-old man suspected in the case of a tortured poodle last year has pleaded guilty to a lesser charge.

Stephen Hess of Weare pleaded guilty Monday to one count of felony falsifying physical evidence in the abuse of a toy poodle belonging to his aunt and uncle. He received a 12-month suspended sentence for concealing two pieces of duct tape from police.

Hess was placed on probation for two years and ordered to complete substance-abuse counseling.

“The reason why he pleaded was that he wanted a termination of the case,” defense attorney Anthony DiFruscia said. “It’s his judgment call, not mine.”

Hess said the charge “has nothing to do with Barney [the dog]. It only has to do with a piece of duct tape.”

Hess said he offered the evidence to police during an initial investigation, but that police declined to accept it.

The 12-pound dog was found lying on the side of a road near where Hess and a friend had attended a family birthday party last August. The dog’s legs were bound with duct tape and fur was ripped off of one side. Barney’s eye also was out of its socket.

Animal control officials determined that the dog had been dragged.

No one has been charged with animal cruelty. Hess was accused of falsifying evidence in September 2003.

“We’ll certainly take into consideration whether or not we can bring charges against anybody in terms of the cruelty aspect of this case,” said Marguerite L. Wageling, Hillsborough County attorney.

She said the plea bargain on the falsifying evidence charge was the result of what all parties involved considered to be a fair and reasonable negotiation. The dog’s owner, Ruth Mariano, was involved in the process.

Mariano said the dog has recovered and is doing OK, although he has some problems with his jaw when attempting to eat dry food.

“He still limps a little bit on his foreleg,” Mariano said.

In a separate case, two women were indicted by a Rockingham County grand jury on charges of conspiracy, animal cruelty and theft stemming from the May drowning death of a miniature dachshund.

Shannon Walters, 34, of Newmarket and Erin Wylie, 27, of Portsmouth, were indicted. The dog, Dewey, belonged to Patrick Collins of Eliot, Maine, who was Wylie’s boyfriend.

The indictments allege that the two women conspired to break into Collins’ apartment, tortured Dewey by restraining him in a tightly closed bag and later drowning him in a bathtub. According to the court documents, Wylie filled the tub and Walters held the dog under the water.

The two also face charges in Maine.