Dog owner to have bench trial in neglect case

This photo, provided by the Change 4 Bartholomew County Animal Advocacy group, shows Thor’s condition prior to his death.

Photo provided

COLUMBUS, Ind. —  A Bethel Village subdivision resident accused of causing his dog’s death through abuse and neglect has asked for a bench trial, which has been set for April 20 in Bartholomew Superior Court 1.

Benjamin D. Collins, 35, of 596 Falcon Drive, is charged with cruelty to an animal while having custody of a vertebrate animal and recklessly, knowingly or intentionally abandoning or neglecting the animal. The offense is a Class A misdemeanor punishable by up to one year in jail, as well as a $5,000 fine.

Benjamin Collins

Photo provided

However, when Collins was arrested last November, he was still on probation for a Level 6 felony. On June 24, 2021, Collins received an 18-month sentence after admitting in court he made a false statement regarding his criminal history on a firearms transaction record. When the animal cruelty charge was filed, prosecutors also filed paperwork that accused Collins of breaking the terms of his probation. If found guilty of the misdemeanor, Collins might be ordered to serve part or all of the felony sentence.

The request for a bench trial was made Monday before Bartholomew Superior Court 1 Judge James Worton.

The latest case against Collins began on Nov. 2, 2021, when Detective William R. Kinman Jr. of the Bartholomew County Sheriff’s Department was assigned to investigate a neighbor’s report of animal cruelty at Collins’ home. The animal was a Mastiff mix dog named Thor, according to Kinman’s probable cause affidavit.

Kinman also wrote he learned that Bartholomew County Animal Control Officer Mark Case had the dangerously thin canine taken to a rescue and rehabilitation center for animals.

Thor had been treated at the same Sellersburg facility in 2019 for possible abuse. When that detail became public, members of the Change 4 Bartholomew County Animal Advocacy group criticized Case for returning Thor to Collins after his first treatment at the center.

Case said that Indiana law considers dogs personal property. In addition, the county could be held liable for withholding a dog if there was insufficient proof of wrongdoing by the owner.

It was only after Thor died in November that it was determined the canine had been going through a process called muscle wasting. Essentially, that means the dog was starving to the point that his liver was processing any muscle content he had, Kinman wrote in a probable cause affidavit.

While the Mastiff mix should have weigh near 150 pounds, Thor only weighed 72 pounds when he died, according to investigators.

For the complete story, see Thursday’s Republic.