Video footage analyzed in case of dog slaying

Lawyers in the trial of a Merced father and son accused of beating to death a neighbor’s dog played footage Tuesday from a home security camera that appeared to show the alleged attack, but with key details occurring out of sight.

Anthony Clendenin, 53, and his 26-year-old son, Samuel, are charged with killing the 2-year-old German shepherd named Kuma on the evening of Jan. 16, 2015, in the backyard of their home on Massasso Court. The dog belonged to the Clendenins’ next-door neighbors.

Both have pleaded not guilty to animal cruelty charges. If convicted, they each face up to four years in state prison, authorities have said.

The trial began last week before Judge Donald E. Shaver in Merced Superior Court.

On Tuesday, Todd McLean, the deputy public defender for Samuel Clendenin, said the surveillance footage from Kuma’s owners didn’t actually depict Kuma for the duration of the incident, so officers who testified couldn’t prove whether Anthony Clendenin actually struck the dog when he was seen swinging a wooden stake.

“The video only shows a piece of what happened,” McLean said while questioning Merced police Officer Joseph Opinski, who responded to the call.

The defense attorney also said the footage didn’t show how Kuma entered the Clendenins’ yard.

The footage, played in court, shows the dog run into a corner of the fence, but the fence stands too tall to see the dog while Samuel Clendenin appears to be holding Kuma down and the elder Clendenin swings the stake.

Bill Davis, the attorney defending Anthony Clendenin, noted that Merced’s municipal code allows an officer to take down a dog in a yard if the dog poses a threat.

Opinski said since Kuma’s tail was between his legs, the dog didn’t pose a threat and, if it were him, he wouldn’t have acted as the Clendenins did.

The Merced County deputy district attorney prosecuting the case, Thomas Min, questioned another officer who responded to the incident, Officer Fernando Flores. Flores said he collected evidence and took photos of the scene.

Flores said he noticed Samuel Clendenin’s boot was ripped, but that the damage was not consistent with a dog bite.

The Clendenins say they were defending themselves from Kuma, maintaining that the dog jumped over the fence and attacked them on their property.

But Opinski and Flores testified that Samuel told them after the incident he wasn’t harmed.

Testimony is expected to resume Wednesday morning.

This story was originally published August 2, 2016 at 5:02 PM with the headline "Video footage analyzed in case of dog slaying."