Merced father, son avoid prison time in dog-beating case

A Merced father and son convicted of beating a dog to death in their backyard avoided prison time Thursday and received 10-month jail terms.

Anthony Clendenin, 53, and son Samuel Clendenin, 26, were convicted of animal cruelty Aug. 4 by a Merced Superior Court jury following a trial before Judge Donald E. Shaver. The men killed their neighbor’s 2-year-old German shepherd, Kuma, in the backyard of their home on Massasso Court on Jan. 16, 2015.

An appeal is expected.

The case was investigated by the Merced Police Department, led by Officer Joseph Opinski.

Shaver on Thursday rejected an argument from prosecutors requesting that both men spend time in state prison. Citing their lack of any significant prior criminal history, the judge ordered the two to serve 10 months in the Merced County jail. Both also will spend three years on felony probation, authorities confirmed.

Each man could have been sentenced to a maximum of four years in state prison, the Merced County District Attorney’s Office said previously.

Tom Min, the deputy district attorney who prosecuted the case, said he was “disappointed” with the sentence handed down Thursday.

“There was shocking brutality displayed by these two people,” Min said in a telephone interview. “This was an attack on a retreating family pet that was captured on video and this violence was completely unwarranted.”

Defense attorney Bill Davis represented Anthony Clendenin during the trial. Davis on Thursday said he felt the sentence was “appropriate.”

“There’s no question the jury found them guilty of a serious crime and people are very emotional about dogs,” Davis told the Sun-Star. “But, the fact remains it was property and the dog was in his backyard.”

Davis also noted his 53-year-old client has “no significant prior criminal record.”

Footage from a surveillance camera showed the dog, who belonged to the Clendenins’ next-door neighbor, running to a corner of the Clendenins’ backyard fence. The Clendenins are shown following after the dog, armed with a baseball bat and a large wooden stake. Prosecutors said the video showed Samuel Clendenin standing on top of the animal while his father beat the dog’s head with the stake.

Both men have consistently maintained they were defending themselves and their home from a dog they described as large and vicious that came onto their property. They said the dog bit the younger Clendenin’s shoe, though prosecutors said there was no evidence supporting that claim.

They also have blamed the incident on the dog’s owner, 22-year-old Kimberly Saesee, who they say should have done more to prevent her pet from crossing onto their property.

The Clendenins were ordered to report Sept. 29 to the Merced County jail to begin their sentences.

This story was originally published September 1, 2016 at 1:27 PM with the headline "Merced father, son avoid prison time in dog-beating case."