Cape man gets 30 days in jail for dog poisoning

A Cape Girardeau man convicted of killing his neighbors' dog will serve 30 days in jail, Associate Circuit Judge Michael Bullerdieck ruled Wednesday.

Ralph H. Ziegler, 58, 1315 Ashland Hills, pleaded guilty Wednesday afternoon to one count of animal abuse for poisoning a German shepherd mix named Lola.

Lola, who belonged to Brian and Mindy Hodges, died Nov. 8 from internal damage caused by eating ribs laced with antifreeze.

Ziegler was charged with poisoning the animal after he confessed to leaving the plate of ribs out because the dog was barking at night.

Ziegler's attorney, Al Lowes, argued Wednesday his client would lose his postal service job if he were forced to serve jail time. Ziegler had been suspended from his job since the charges were filed in November, Lowes said.

Lowes asked that his client be sentenced to community service, but prosecutor Julie Hunter asked that he serve some time in the county jail for what she called "a vengeful, malicious act."

In addition to the 30 days' shock incarceration, to be served at the Cape Girardeau County Jail on weekends, Ziegler was sentenced to a year in jail with a suspended execution of sentence.

Bullerdieck said he ordered the jail time in an effort to make Ziegler recognize the severity of his actions.

"Hopefully that'll make you realize how serious this is. Do a little more than community service," Bullerdieck said.

He was also sentenced to two years' probation and ordered to pay restitution to the Hodges for the vet and cremation bills for Lola and the cost of a new dog, about $1,650.

Lowes called a jail sentence "gross overkill," saying he believed the Hodges and Hunter sought "vengeance, not justice."

Ziegler confessed to the crime after being confronted with a report showing DNA had been recovered from the plate of poisoned ribs during forensic analysis, said Cape Girardeau County Prosecuting Attorney Morley Swingle.

The DNA report was false, Swingle said, a trick used by Cape Girardeau nuisance abatement officer Ty Metzger to obtain Ziegler's confession.

Swingle prepared a brief defending the use of the false report, arguing the Missouri Supreme Court holds that a law enforcement officer may lie about evidence if the lie would not persuade a person to confess to something they didn't do.

"I'm just sorry about everything, so sorry," Ziegler said during the hearing.

Mindy Hodges gave a statement to the court asking that Bullerdieck send the message that animal cruelty will not be tolerated.

"We realize that this did not involve a human being, but the loss of our family pet, of our children's pet, has been unexplainable," Hodges said.

Lowes said his client "made a rather serious mistake. He's not a mean or sinister person." He had been recovering from surgery and taking a prescription of hydrocodone for the pain, which made him irritable, Lowes said.

His wife also worked a night shift and said the barking kept her awake, Lowes said.

The Hodges have said previously that they kept both their dogs inside most of the time, and none of their other neighbors complained.

bdicosmo@semissourian.com

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