First Man Sentenced Under Susie's Law

Staff Writer
4:52 p.m. EDT, June 14, 2011

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CASWELL COUNTY, N.C. (WGHP) — A Caswell County man has become the first in North Carolina to be sentenced under Susie's Law.

Jimmy Lee Spears, Jr., took a plea deal on Tuesday, court officials said. He pleaded guilty to three charges of felony killing an animal by starvation and was sentenced to three consecutive terms of 19 to 23 months in prison.

The deal means the case will not go to a jury trial and he will not be charged as a habitual felon, court officials said.

Spears was facing three felony counts of animal abuse after prosecutors alleged he left three dogs chained together at a home without food. The dogs later died.

Susie's Law is named after a dog found badly burned and left for dead in Greensboro. The bill was signed into law by Gov. Perdue in June 2010 and went into effect on Dec. 1.

The law makes animal cruelty a "Class H" felony, which means first-time offenders could receive jail time.

Punishment could include up to eight months in jail, but a judge could also lower that sentence to community service.

Spears sentenced in dog killings

By Angela Evans

Jun 14, 2011 - 04:48:30 pm CDT Editor

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Jimmy Lee Spears, 33, of 400 Parkway Drive, Yanceyville, pled guilty Tuesday to three felony counts of killing an animal by starvation.

Spears was arrested after the bodies of three dogs were found Jan. 24, chained, huddled together in a dog house, starved to death.

Spears guilty plea came as part of an arrangement in which he would agree to an active sentence for the killings and not be charged as a habitual felon.

Killing an animal by starvation is a Class H felony under Susie's Law, and is the first such case to be tried in Caswell County.

Conviction could carry as much as 30 months in prison, depending on prior criminal record, aggravating factors and plea arrangements.

In Spears's case, one aggravating factor, that he had during the 10 years prior violated parole, factored in, along with his prior record level of 5.

Assistant District Attorney Hollie McAdams told the court that on Jan. 24, Cpl. Bobby Johnson, with the Caswell County Sheriff's Office was called to 400 Parkway Drive by animal control in reference to three pit bulls chained inside a dog house dead, appearing to have been deprived of food and water.

Spears told Johnson the dogs were his, she said, and that he had been hospitalized, and the dogs had been sick, and had been dead at least two weeks. He said he had meant to get rid of their bodies but hadn't had time.

The dogs were examined in Raleigh and found to have been starved to death.

Spears's attorney David Powell told the court that the dogs didn't belong to Spears, that he had only said so to calm some children who lived at the home, who told Johnson during his investigations that the dogs belonged to their father, Shaneal Jones.

Powell explained that Spears, already having a criminal record, voluntarily went to the magistrate's office to say the dogs were his to calm the childrens' anxiety.

Powell said Johnson had gone to the magistrate to seek warrants on the childrens' father.

Powell called the state's offer to drop the habitual felon charges "significant", but also asked that sentencing for two of the killing charges be consolidated.

District Attorney Wallace Bradsher addressed the court to ask for sentencing to be consecutive for each of the three charges, rather than concurrent.

Bradsher said Susie's Law was created for those people who have an indifference to the value of life, and that this case is about the sanctity of life.

"The legislature sought to protect each one of these dogs," Bradsher said, adding that a two-for-one or three-for-one deal would be unacceptable.

"Starvation doesn't take hours or days, perhaps weeks," Bradsher said. "Our department of corrections houses the worst of the worst ... yet we as a society still feed them and they still can drink when they're thirsty."

Bradsher told the court Spears is not new to the system, reciting a string of felony convictions dating back to 1999.

"Mr. Spears has had his chance," Bradsher said, handing Judge Osmond Smith photos of the three emaciated dead dogs. "If these were three humans this would be a death penalty case. This was an evil act."

Powell stood to readdress the court on the matter of where Spears lives, but before doing so said in all the years he has worked in this court, he commended Bradsher on "the most impassioned argument I've ever heard made to the bench."

Smith said he agreed with Powell about Bradsher's impassioned plea, adding "this case deserves it."

"How can a person with any conscience allow this to happen, much less cause it," Smith asked.

Smith explained that if Spears had been tried as a habitual felon, sentencing would have ranged from 7-9 years per count.

"I can't do it justice in terms of making a statement," Smith said. "There is no explanation how somebody can be this cruel."

Before rendering sentencing, Smith held up the photos to Spears, saying, "These should haunt you to the end of your days."

Spears is sentenced to 19-23 months active for each count, to run consecutively, and attorney's fees.

"Walk out thinking what you want to think," Smith said to Spears. "You got treated harshly, but not unjustifiably so."