Meter Reader Meant to Scare Dog, Not Kill It, Jury Told

Calling the death of Brandy the dog “a tragedy for everyone concerned,” the defense attorney for a meter reader accused of hurling a metal bar into the dog’s skull said Tuesday that his client meant only to scare the animal.

In closing arguments before a San Fernando Municipal Court jury, defense attorney Larry Guzin said Department of Water and Power meter reader Eric B. DeGruy reacted in fear as Brandy, an overweight beagle mix, ran at him across her owner’s Sunland lawn last July. DeGruy is being tried on a single count of cruelty to an animal.

Jury deliberations in the case began late Tuesday afternoon and were expected to continue this morning.

Background Stressed

“To understand a man, you must know his memories,” Guzin told the jury, noting that DeGruy, who had been reading meters for more than three years before the incident, had twice been bitten by dogs and twice had surgery on his knee for injuries he received while hopping fences to escape dogs.

“Twice going through surgery, twice missing work for a month, four times recuperating from dog attacks puts a pretty deep brand on you,” Guzin said. “When he threw this thing to protect himself, he did not throw it to do a wrongful act. . . . It’s a tragedy. It’s not a crime.”

Guzin also downplayed a 1977 felony conviction for grand theft that DeGruy admitted to on the stand. Guzin said the conviction occurred shortly after the 27-year-old DeGruy turned 18 and had no bearing on the current charge.

But Deputy Dist. Atty. Carol Straughn, who is prosecuting the case, said she brought out the earlier conviction while cross-examining DeGruy “to offer another piece of evidence in judging credibility.”

Conflicting Testimony

Straughn reminded the jury that DeGruy’s testimony about the chain of events leading up to the dog’s death conflicted with the account provided by Brandy’s 14-year-old owner, who witnessed the incident.

The prosecutor said the boy, Tom Brown, testified that Brandy “was not charging at the defendant, she was not growling, and she stopped on her owner’s lawn when Tommy called out to her.”

“It’s not an attack dog we’re talking about here,” Straughn said. “We’re not talking about a German shepherd. We’re not talking about a Doberman pinscher. We’re talking about a dog that was under two feet long and that weighed almost 40 pounds and that was also 11 or 12 years old--an older, overweight dog.”

DeGruy testified that he stamped his foot and yelled to try to stop Brandy before hurling a 10-inch metal pry bar at her. The tool pierced Brandy’s eye and sank four inches into her skull.

Protests Triggered

The incident angered animal-rights activists throughout the city and prompted additional protests when the City Council voted in September to provide as much as $10,000 for DeGruy’s legal defense.

But the activists who have been watching the trial since it began May 1 said they were pleased by the way the case has been conducted.

“I’m really very touched by the way this has been handled,” Gretchen Wyler, an actress and vice chairman of the Fund for Animals said. “We’re talking about a little dog here and most people would trivialize this. But the judge and both the lawyers reflected a great respect for this animal’s life throughout the trial.”