Man Pleads No Contest in Killing of Barking Dog : Court: He changed his plea, his attorney said, because ‘he’s not physically capable of doing a trial.’

A man arrested for killing his neighbor’s dog while trying to silence its barking has agreed to plead no contest to one count of animal cruelty, his attorney said Monday.

Robert Steven Sakall, 39, was charged in the June death of a neighbor’s golden retriever, Dylan, because he had taped its muzzle shut. When the 5-year-old dog was unable to pant and release heat, its temperature climbed to 108 degrees, causing death.

After his arrest, Sakall said the death was accidental, and that he had only wanted to stop the dog’s barking. In November, he pleaded not guilty to a misdemeanor charge of intentional cruelty to an animal.

Sakall’s attorney, Robert Tuller, said his client, who suffers from back problems caused by two disks ruptured in a 1990 work-related accident, had agreed to change his plea to no contest, because “he’s not physically capable of doing a trial.”

Sakall was not present in North County Municipal Court, where he was scheduled to make an appearance on Monday. His attorney said that he was bedridden and was unable to attend Monday’s hearing, nor would he be likely to appear in any subsequent court hearings.

Tuller said he had provided the court with medical proof of Sakall’s condition.

Sakall, who has already undergone surgery twice for his back condition, may have to undergo yet a third operation, he said.

As a result of Sakall’s no-contest plea, which is technically tantamount to a plea of guilty, he faces a maximum possible sentence of a year in jail and a $20,000 fine.

But according to Tuller, the district attorney is seeking only 30 days in jail combined with 100 to 300 hours of community service, while Tuller is asking that his client receive no jail time at all.

Sakall is scheduled to be sentenced by Judge Carla M. Singer on Feb. 28, the date of his next court appearance.

The no-contest plea, which is also referred to as a plea of nolo contendere in Black’s Law Dictionary, means that Sakall has not actually admitted guilt, which would be important to his defense in any subsequent civil action.

The judge notified Deputy Dist. Atty. Stephan Sauer, who was not present in court, of the planned Feb. 28 no-contest plea by phone.

Dylan’s owners, Jeff and Debbie Hutchison, could not be reached for comment Monday evening.