CLEVELAND — The Supreme Court of Ohio has reinstated the conviction of a Cleveland man who was found guilty of harming a stray kitten with bleach more than two years ago.
The justices' unanimous opinion effectively clarifies "Goddard's Law," the anti-companion animal cruelty statute named for legendary Cleveland meteorologist Dick Goddard. Alonzo Kyles, 37, was sentenced to nine months in prison in 2022 under the law's provisions, but argued the law did not apply to his case because the cat in question was a stray.
Goddard's Law defines "companion animals" as "any animal that is kept inside a residential dwelling and any dog or cat regardless of where it is kept." The Eighth District Court of Appeals threw out Kyles' conviction on the grounds that the kitten was not "kept" since, as a stray, it was not "in control" or "take(n) care of."
Cuyahoga County fought the reversal, stating that the phrase "any dog or cat regardless of where it is kept" applied to strays as well. The state's high court sided with prosecutors, reinstating the jury's original verdict in a 7-0 decision and ruling that cruelty to stray dogs and cats is also grounds for prosecution.
"We are not convinced by Kyles's argument that 'regardless of where the animal is kept' is a clause that means the animal must be kept," Justice Patrick F. Fischer wrote in his opinion. "'Any' means all, and R.C. (Ohio Revised Code) 959.131 defines 'companion animal' as including 'any' dog or cat."
The case stems from October 2021, when Cleveland police officers responded to an apartment complex for a report of an injured kitten. According to 3News media partner Cleveland.com, Kyles admitted to pouring bleach down some stairs and into the basement hallway in an effort to get the cat to leave. The kitten suffered chemical burns on its paws.
The appeals court can now hear any other potential arguments Kyles might pursue against his conviction. A number of animal welfare groups filed briefs in support of Cuyahoga County prosecutors' arguments, including The Humane Society and the Cleveland Animal Protective League.
"Thankfully the Ohio Supreme Court used basic common sense when reaching this decision," County Prosecutor Michael O'Malley said in a statement. "The 7-0 decision speaks volumes about the lower court's decision."
