Dog kicked in throat in Plymouth had to be put down
A DOG had to be put down after a man kicked it in the throat.
Paul Wyatt crushed the Staffordshire Bull Terrier's windpipe as he also attacked the couple taking the pet for a walk, knocking a woman unconscious, Plymouth magistrates were told.
The 43-year-old, a victim of notorious paedophile William Goad, appeared in the dock yesterday and was given a community order.
The court heard how the attack happened in Bayswater Road, in Pennycomequick, at around 8.30pm on August 1 last year.
Business Cards From Only £10.95 Delivered www.myprint-247.co.ukView details
Our heavyweight cards have FREE UV silk coating, FREE next day delivery & VAT included. Choose from 1000's of pre-designed templates or upload your own artwork. Orders dispatched within 24hrs.
Terms: Visit our site for more products: Business Cards, Compliment Slips, Letterheads, Leaflets, Postcards, Posters & much more. All items are free next day delivery. www.myprint-247.co.uk
Contact: 01858 468192
Valid until: Wednesday, May 22 2013
Eoin McCarthy, for the Crown Prosecution Service, said Peter and Kelly White were walking two dogs – one being their daughter's Staffy named Jimmy.
"The dog had to stop to catch its breath and the other dog was barking at the defendant who was approaching with another male," Mr McCarthy told the court.
"The defendant hit out at the animal."
The court heard how Mr White, 51, was then punched, the blow knocking him backwards.
"Then he [Wyatt] was seen to kick out at the dog, Jimmy, in the throat, which lay motionless on the pavement," Mr McCarthy added.
"Mrs White intervened and was punched with a fist to the face and was knocked to the ground and briefly knocked unconscious."
He said Mrs White, 43, was taken to Derriford Hospital.
Her husband took pet Jimmy to the Estover Veterinary Clinic as the dog was having breathing difficulties, the court heard.
Mr McCarthy said the pet had suffered a crushed trachea, and that he sadly had to be put to sleep.
The court heard that Mr White was left with a cut to his lower lip which needed stitches.
Both he and Mrs White were left with swelling to their faces.
Antony Daniel, defending, said Wyatt had no history of having a problem with animals.
He said Wyatt claimed he was threatened with being "shot" during a row with Mr White, during which the dog was barking at him.
Mr Daniel said: "He has always maintained he only kicked one animal and the dog in question had breathing difficulties.
"The police officer described Mr White as 'drunk' and the speedy conclusion was the dog was put down.
"I'm not trying to excuse what he did, he should not have kicked the dog."
Mr Daniel said a witness to the incident told police in a statement how Mr White had sworn at Wyatt and said he would have him "shot".
He added: "That probably was a trigger, that he was threatened and that he was in danger, which most of us would not see as a danger.
"A police officer has confirmed Mr White was drunk and Mrs White was unsteady on her feet, smelling of alcohol.
"That's no excuse of course for him to hit them.
"In statements it was said Mr White told Mrs White to stay down for compensation," Mr Daniel added. Wyatt, of Regent Street, pleaded guilty to causing unnecessary suffering to a protected animal under the Animal Welfare Act 2006.
He also admitted two counts of assault by beating.
Mr Daniel added: "He bitterly regrets it and is remorseful about the whole thing. He needs to get back on the track he was on for eight years."
After nearly an hour to consider their sentence, magistrates told Wyatt he could have been jailed.
He was slapped with a 12-month community order, with a suspension order and 180 hours of unpaid work. Wyatt was also ordered to pay compensation totalling £420.22 – £100 to Mr White, £50 to Mrs White and £250.22 in vets bills.