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Molino Man Gets Probation On Drug, Animal Cruelty Charges; State Wanted Jail Time
January 17, 2013
A Molino man was sentenced Wednesday on drug and multiple animal cruelty charge for chaining malnourished pit bulls in their own filth while growing marijuana plants in his back yard. Prosecutors had asked the judge to sentence him to jail time.
John Roland Oswald, 30, was sentenced by Judge Gary Bergosh to 36 months probation and 50 hours of community service at the Escambia County Animal Shelter. He is also forbidden from possessing dogs or any other animal during his probation.
“Our office did not agree with probation being an appropriate sentence in this case,” State Attorney Bill Eddins said. The State Attorney’s Office had recommend a period of probation following a sentence of almost one year in jail.
Last week, Oswald pleaded no contest to one felony count of producing marijuana, two felony counts of causing cruel death, pain and suffering to animals and one felony count of unlawful confinement and abandonment of animals. One additional unlawful confinement charge against Oswald was dropped by prosecutors.
John Oswald’s wife, 34-year old Amanda Leah Oswald, is awaiting trial later this month on two felony counts of causing cruel death, pain and suffering to animals and two felony counts of unlawful confinement and abandonment of animals. She previously pleaded not guilty to the charges against her.
Eddins said his office will ask for a continuance in Amanda Oswald’s case
Escambia County deputies responded to a complaint about an aggressive pit bull on September 21 at a residence in on Highway 29 near Cotton Lake Road. The dog was loose in the victim’s yard and had attacked and killed her dog. Deputies kept the pit bull contained in the yard and notified Escambia County Animal Control. But before animal control arrived, the pit bull attempted to attack two officers who then utilized a shotgun to stop the dog, according to the Escambia County Sheriff’s Office.
When deputies attempted to contact the owner of the dog at a nearby home on Highway 29 across from the Camp Of the Pines, deputies and animal control located two other pit bulls in the backyard of the home.
“I first observed a very skinny brown pit bill dog tied to a large chain barking at me,” one deputy wrote in his report. “I then observed a very skinny black pit bull dog lying on its side, and it appeared to be dead…I observed the black dog lift its head and look at me though due to the dog being so skinny from lack of food, the dog could not stand up.”
Both dogs were “malnourished to the point of starvation”, according to an arrest report, with access to “old nasty water” and no food. Both dogs were tied to heavy chains and were surrounded by flies.
“I then observed the black pit bull who was still lying on his side struggle and make several attempts to stand to his feet. “Once on his feet, his legs were wobbly and looked like he was going to fall over,” the deputy said.
The deputy said in his report that he first though the black dog was covered in ants crawling all over it, but it was actually a “massive amount” of fleas. The dog also reportedly had an eye infection.
The two pit bulls were seized by animal control. Amanda Oswald also voluntarily surrendered a pit bull and three Yorkie dogs from inside the residence to Escambia County Animal Control.
John Oswald was also charged with one felony count of producing marijuana. During the animal cruelty investigation, deputies reported the discovery of four marijuana plants up to five feet tall and one plant growing in a bucket in the home’s backyard.
Oswald met with a narcotics investigator and admitted that the marijuana plants belonged to him, an arrest report states. “He admitted to having a pill problem prior to being involved in marijuana and that he had started growing marijuana for personal use,” the investigator wrote in his report.
Escambia County Code Enforcement also responded to the home and opened a separate investigation for various code violations.
Comments
35 Responses to “Molino Man Gets Probation On Drug, Animal Cruelty Charges; State Wanted Jail Time”
this is really getting sickening , there is way too much abuse of animals and judges that do not enforce the law to the fullest. These same abusers then repeat over again and sometimes move on to abuse children and elderly. Where is the stop to this.
Unbelievable! Someone causes an animal…a living being that deserves to be treated as a family member, to die a Long…cruel….horrific…..slow death and all you do is slap their hands??? What is wrong with the world today? What next….people? Children? Have you not figured it out yet? These people are seriously disturbed and should not be allowed to be anywhere around children or animals! Laws or no laws… These people need To be locked up….throw away the key and don’t waste the tax payers money on food! Let them rot in their cells with no food or water. Oh ya let them have fleas….maggots….flies swarming around them too! Beg for mercy a ignore them…..,l
l
Why would I be more concerned about someone growing plants in their back yards, than someone torturing living creatures in their back yard? One of them leads to serial killing, and the other leads to cereal killing. I would vastly prefer the cereal killers to live next door, to the serial killers!
REGARDING:
“Both of these people should rot in jail.”
Possibly, but the rest of us would prefer to not have to pay for them to rot.
David for cheap changes in evil
Molino MAN – I have common sense and a HEART that is why I am “concerning myself with the health and welfare of a few animals” .. 2 animals were slowly and painfully starved to death. They were ” tied to heavy chains and were surrounded by flies” They must have survived for a long time eating rocks or what ever they could reach trying to stay alive, That is not a humane way to treat animals.. it is torture
Animals feel pain and people that torture animals deserve a long prison sentence.
Even people like yourself that appear unconcerned about the pain and suffering of an animal should understand that this is exactly the type of conditions ( pit bulls kept on heavy chains, un socialized, not treated as “family pets”) that lead to the stories of “pit bulls biting/mauling children” . Fortunately when one got loose it only went after another dog and did not come across a child. It is exactly this type of irresponsible owner that causes the problems we frequently hear about.
Both of these people should rot in jail.
To Rick, If you had any common sense you would understand that you should be concerned that someone was growing pot in our community rather than concerning yourself with the health and welfare of a few animals. I think you have been hugging too many trees. Wow here’s you sign!
LFA. Noone is disputing that the Victims have rights Of course they do. All of us as U.S. citizens have rights.Maybe they weren’t contacted because Mr. Oswald took a plea and there was no reason for any contact. Looks like Mrs.Oswald is taking her chances in a trial and that could be the reason for their input now.Not so much wheeling and dealing involved just your regular court procedings.You should know about that. It is sad that this older couple lost their pet and my heart goes out to them. So maybe they get to tell their story to the judge and then he will know what happened.
To Molino Man : “It is sad that more people are concerned for the animals than the pot plants that were growing in the yard”. Are we supposed to feel sorry for the plants?
For Me – “There all mistameners” ? My God man!
Translation: “They are mysticmeaners
I think that this sentence was pathetic. Starvation is a form of torture and anyone who could treat any living beings the way that those dogs were treated has no morals or redeeming qualities. Shame on that judge! I can only hope that his wife receives a more appropriate sentence.
MS you need to check on the FLORIDA LAWS under VICTIMS RIGHTS and read what it says!!! the victims were never contacted in this case what so ever and if you read it they should have had chance to tell their side of the story to the judge BUT like I said they new nothing about the court hearing for mr oswald but for some unknowed reason the victims have been contacted for amandas hearing sounds like some wheeling and dealing going on well maybe it was just her dog that killed bengee?????? it also has the victims advocate at the SA office woundering what is going on….
maybe 6 months of jail time seems more appropriate, along with about 200 hrs of community service…nonetheless, oswald will learn proper HUMANE animal care in addition to 3 years of probation (that he has to pay for) – ive had the opportunity to watch and listen to judge bergosh on multiple occassions as he interacted with inmates and others…i am very impressed with how he handles his court proceedings and the people who come before him….everyone, no matter how “low-life” they appear, are asked multiple questions about their homelife, background and aspirations- and he gives them a word of encouragment before they are dismissed- i still like judge bergosh and would vote for him.
Hard for some to understand, but the judge knows the game. This fine citizen will violate and will start the snowball. In the end he will receive more.
Ya’ll got to understand the 36months probation it NOT a cake walk. He will have to check in atleast once a month, unless ordered more than once. Has to pay court fines, public deffender fee(no u dont them free anymore) then he has his supervision fees for being on probation. Lets not for get drug test when probation says,”Give Me Some!” plus ALL the other rules they lay on him, there are alot more provisions he under then just what the judge told him! And 36 months comes out to 3 yrs, may not seem that long, but under all them rules, and he already said he had a pill problem, and growing his own dope, I DO NOT see him making it 3yrs. ANother thing, there has to be somekind of jail, or prision sentence hanging over his head that was not noted, you always know the time you are looking at if and when you violate probation! So that part is bs. Someone missed something somewhere on that. He’s about to lay out some cold hard cash for what he done!
@ME
The story I read above reads that he plead no-contest to the felonies that does not automatically reduce them to misdemeanors.And you were there that day?The day the deputies found the dope and the dogs,I guess the deputy over exaggerated the dope plants in the picture or maybe it was the dog that was chained up and starved to death,did you know by the time this animal got to the shelter and before the doctor could get a needle and put the dog down it died in the truck covered in fleas,ticks,fly’s and fly larva, and i can assure (ME) none of this is over exaggerated by any means.No I don’t think animals come before people,but if you own animals take care of them or don’t have them,simple as that.I think anyone who chains any animal up and starves them should get at least a year in jail,its a sick thing to do.
@ JUSTICE SYSTEM
yes true that the system is based on points BUT!!!, before you go running and jumping to conclusions maybe you need to read your laws and understand how to interpret them. Some people read laws but dotn understand the true point to them. Yes it does say that a judge may not send someone to state prison if they have points under 44. However it says “MAY” In legal terms tyou have to lok at the format. of “may” and “must”. the points system is only a guideline for any repeat offender. Each charge carries a maximum and a minimum penalty. for instance a person my have his first ever felony and only score out to 7 points which is what a felony 3rd is. but the max penalty is 5 years on a felony 3rd degree. Reguardless of points a state prison sentence can be imposed on just that. the score is basically to calculate the lowest permissible sentence allowed for the person as a repeat offender. Make sure you read your Florida Rules of Criminal Procedure 2013 edition. Its in the Public law library at the courthouse.
The part of this offender’s sentence that really bothers me the most is that adjudication of guilt was with held. So these poor dogs got the death penalty(after suffering cruel and unusual punishment) but Oswald was not pronounced GUILTY. Therefore, this criminal is not considered a convicted felon by the State of Florida. Well, in all disgust I have to say – Great Job, Mr. Eddins, and your brilliant Assistant SA, and finally Judge Bergosh. With a little luck maybe Oswald will get a hard### probation officer that will do their job when Oswald violates his probation and by looking at his record it is not a question of IF but WHEN that happens. Maybe then this Judge will Man Up and convict this cowardly offender. Jail time not community service is what Oswald deserved and he certainly needs to be a convicted felon.
Me,
Read the story again. He pled guilty to 4 felonies.
If you know our justice system then you should know that your judge on a point system. In John’s case his points was not high. Another words he hasn’t been in a lot of trouble. So that being said I think the Judge was fair.
It is sad that people say such offensive and harsh things witout knowing the full facts. People educate yourselves with the all of the facts before commenting on things that you do are not fully aware of. He got exactly what the judge thougt was just punishment for his crime. It is sad that more people are concerned for the animals than the pot plants that were growing in the yard. How would you like someone to air out your laundry for you. I’m sure none of you have nail scars in your palms and feet!
Regarding LFA. Guess the system couldn’t prove it was Mr. Oswald’s dog that killed little bengee. Judge Bergosh did his job according to what evidence he saw and heard. That’s all any judge can do. Our justice system isn’t perfect but its all we have.
AGAIN WHAT ABOUT THE VICTIMS THE OWNER OF LITTLE BENGEE THE DOG THAT WAS KILLED??????oh I know the judge told him maybe sometime during his probation period if he could find time he could apologize to the victims. and where did it say anything about maybe having to pay a little restitution to them for pain and suffering and killing bengee? this is a fine justice system we have here in escambia county THANKS FOR NOTHING JUDGE GARY BERGOSH hope to get you for judge if I ever get in trouble
John took a plea that the prosecuters offered him. There all mistameners no felonys. The judge sentenced him based on that. I was there that day. Another example of officers over exaggerating a situation.
This is like I said there’s to sides to every story and judge Bergosh got to hear it.i think he did a great job in the case.
Reposted because once again sadly it applies
When are we as a society going to demand that men such as this with a history of arrest after arrest be sent to prison. An article by William a few weeks ago had the SAO blaming low pay of his assistant DAs on this problem. I say everyone with a phone call the SAO and demand that they do the job they are paid for! No more pleas for lesser sentences and probation! No more dropping cases because you dont feel that you have the manpower to prosecute! Do your JOB !!!
@429SCJ
i think you need to reread things before you comment lol we are not glad this guy got off
So Gary Bergosh is the judges name? Gee, remind me if I ever get in trouble to get him for my judge so I can get off as easily as this guy did! This judge needs to retire!
I’m mystified and saddened that he was not punished for extreme animal cruelty. I’ve always hoped there is a special place in Hell for such people. If you can call them people….
Probation for a pot charge, not a big deal in my book. Probation for hurting and torturing animals?? Crazy. Theres people sitting in jal right now on very petty dumb charges that would not harm animals like this man did. very twisted criminal system we have here….
It is the Deputie’s duty to detect and arrest, the D.A.’s duty to prosecute, the judge’s duty to officiate and sentence. It was Mr Oswald’s duty to himself not to get caught.
Mr Oswald brought this on himself through poor management, no one else is responsible.
The dogs were starved so close to death that they had to be euthanized. NO jail time?? Mind boggling! Didn’t the Judge see the crime scene photos? WHY would the Judge sentence Roland to community service at the animal shelter??? Would you sentence a convicted child abuser to community service at a chlld care center? He will need to be monitored at the shelter and they’re already short staffed. The time spent monitoring him will take away time to actually help animals there.
@Kevin, if Mr Oswald had taken care of his animals and had properly contained them, he would not be in this situation.
He should have know better than to have those plants in his back yard.
This sends a clear message that you can torture animals and grow pot and get away with it, with just a slap on the wrist! That is disgusting.
Well old gary bergosh sure took care of this person. Another good for nothing “judge” that does nothing to the very people that he is hired to control. Vote bergosh out!
that’s it. wow. woohoo lets go with it. we got the best criminal justice system. let the bad guys walk and put the innocent in prison lol wow what a circus