APPEAL DENIED IN KILLING OF DOG ANIMAL-CRUELTY RULING UPHELD.

Byline: KAREN MAESHIRO

Staff Writer

LANCASTER -- An appeals court has upheld the animal-cruelty conviction of an Antelope Valley man who was accused of stabbing his girlfriend's puppy to death to spite her after she broke off their relationship.

The Second District Court of Appeal rejected Orlando Terrel Smith's argument that the prosecution failed to properly disclose to the defense statements Smith had made to a sheriff's deputy that were not included in police reports.

"... There is abundant other evidence of guilt," the ruling said.

Smith was acquitted of making criminal threats but was convicted of felony animal cruelty in the October 2005 incident. He was sentenced to 16 months in prison.

Smith denied killing the dog with a knife, saying he was at his aunt's house that evening, which the aunt corroborated.

Smith and his girlfriend had dated for about a year, during which time he gave the girlfriend's daughter a puppy named Raven, the ruling said.

Smith had a bad temper and on occasion would threaten to kill Raven when he was angry with his girlfriend, the ruling said.

The girlfriend ended the relationship in early October 2005, angering Smith, who threatened her, the ruling said.

While on the telephone with him the day the dog was killed, the girlfriend heard Smith's voice coming from her back yard and saw someone walk past her daughter's window.

After the girlfriend called 911, she heard the dog "screeching" and saw it bleeding, the ruling said. Animal-control officers found the dog with a knife blade sticking out of its back.

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