Tyrone Man has Charges of Animal Cruelty Dismissed

CLEARFIELD – A man accused of three counts of animal cruelty had his charges dismissed following a preliminary hearing on Wednesday.

The first person to take the stand in the hearing for Frederick Alan Klepser of Tyrone was state trooper Joshua Thorpe.

The trooper related that on the day of May 4 near 6 p.m. he was called to a residence in Guelich Township. Thorpe said that he was dispatched for a dog that was shot. While en route he related that Klepser called the barracks and said that he had shot the dog and was going to the hospital for treatment.

Thorpe said that when he arrived he met with Klepser. The trooper related that Klepser had gone and cleaned up, was going to the dog’s owner to apologize and then go to the hospital.

Thorpe related that Klepser told him that he was passing by the area when he saw two tethered dogs wrapped up together. He said that Klepser went to help untangle them and that Klepser was attacked by one of the dogs, a Rottweiler. Thorpe said that Klepser had bite marks on his right hand and tears to a jacket on his right forearm area.

Photos presented as evidence showed the dead dog and a spent shell casing on the ground. Thorpe said the dog was shot at point-blank range.

Photographs of three sets of tracks leading to and from the animal were also presented.

Under cross-examination Thorpe said that Klepser was attacked by the dog and that Klepser told him the dog drove him to the ground and was going for his throat.

“His statement was that it was in self defense,” said Thorpe. “It’s true he shot the dog. I can’t say if it was in self defense.”

The trooper testified that there were no drag marks on the ground to show that Klepser had been brought down.

The dog’s owner testified that he and his wife and daughters were returning home when his wife commented on their Rottweiler Bo not moving. He said his daughters screamed because the dog was in a pool of blood.

He also testified that Klepser was allowed to hunt on his property and to use it to get to the camp, which borders a camp owned by Klepser’s relatives, but not to his home.

The man said that he followed the tracks near Bo to Klepser’s relative’s camp.

During closing arguments, Klepser’s attorney Terry Despoy asked for all charges to be dismissed.

“The commonwealth’s own investigation showed this was an act of self defense,” argued Despoy.

“There’s no evidence of ill will.”

Assistant District Attorney Warren Mikesell asked that the court consider the photos, the wound and where the shell casing was found.

“We only have what the defendant told the officer,” said Mikesell. “The photos tell a different story.”

Magisterial District Judge Richard Ireland offered some comments before rendering his decision.

“My job here is to determine evidence for a prima facia showing. It’s clear the dog was shot.

“It was a willful shooting. I can see no way to show this was not an act of self defense.”

Ireland stated that regardless of what good interest a person might have, they have a right to defend themselves.

“Absent some other evidence, I can’t find a prima facia case here,” said Ireland. “I’m going to dismiss the charges.