Witnesses reported to police that Kishpaugh not only laughed as the dog tossed the rabbit around (killing it), but praised his dog. He also allegedly taunted a 3-year-old child in the parking lot.
We have seen recent cases of cruelty against animals and the relatively low charges that result. Kishpaugh is charged with aggravated animal abuse in this case and barred from going into the parks.
Putting aside any leash laws, the case likely turns on his release of the dog with the intention of killing the rabbit. Presumably, a dog owner is not liable when a dog kills a bird or rabbit without such encouragement of its owner (once again, assuming that dogs can be unleashed in the park). That could make the testimony of witnesses key in this case and offer Kishpaugh a defense.
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