By MARY ANN GREIER

Staff Writer

LISBON — Horrific and appalling — that’s how Columbiana County Assistant Prosecutor Tammie Riley Jones described the scene where investigators found seven dogs dead and two more emaciated from a lack of food.

John Arsuffi, 65, state Route 558, Leetonia, faced his punishment Friday for that scene on his property on Jan. 8, 2021 — a sentence of three years in prison.

“I’m very sorry,” Arsuffi said, commenting that he never intentionally harmed his animals.

Arsuffi entered a guilty plea earlier this year to nine fifth-degree felony counts of cruelty to companion animals for that incident, along with two additional misdemeanor charges for cultivation of marijuana and possession of drugs after a marijuana grow operation was discovered on his property following an explosion and fire on May 4, 2021.

Columbiana County Common Pleas Court Judge Megan Bickerton followed the recommendation made by Jones for sentencing, with 12 months for each of the cruelty to animal counts, 30 days for the cultivation count and 180 days for the possession of drugs count. The drug charges were ordered served concurrently with each other and all the other charges. Six of the cruelty to animals counts were ordered served concurrent to each other, but consecutive to count one, with the remaining two cruelty charges concurrent with each other, but consecutive to count one, for a total of 36 months or three years in prison.

Bickerton cited several factors for the sentence, including the suffering of the victims, the dogs who suffered the most severe form of cruelty since they died, and the torture of starvation for all the dogs, including the two who survived. She noted the recidivism factor, saying that Arsuffi had been released on bond after his initial arrest and wasn’t supposed to have any dogs while the case was pending. When the fire occurred, two more dogs were found on the property.

“I had nothing to do with that, they were strays,” Arsuffi said, claiming his wife took them in and they were hanging around the dog boxes. The judge questioned why he didn’t contact the dog warden. “I never thought of anything like that,” he said.

Arsuffi’s defense attorney, Don Malarcik, talked about his client being a lifelong resident with several businesses, including the now closed Dairy King in Salem, a laundromat and a car wash. A family man with a wife and an adult child and elderly parents, he had been raising dogs for 40 years, spending thousands of dollars for their food and care, and even won an award for best dog in a dog show. He took a lot of time caring and training for the dogs. He said there was no evidence that he had been other than kind and caring of the animals he raised.

So, how did all this happen? Malarcik asked.

“This was completely out of character for John Arsuffi,” he said.

According to Malarcik, his client’s father suffered heart issues in 2019 and his wife, Shelley, was experiencing more health issues and they had to shut down the Dairy King. When the pandemic hit in 2020, both John and Shelley got COVID at a time in December 2020 when there were no vaccines or treatments. They were bedridden and John was suffering from a lack of lucidity and a mental fog, he lost his sense of smell. When the fire and explosion occurred, he was lucky to survive after suffering third-degree burns on 43 percent of his body, going through seven surgeries with more to go.

He failed to provide food and water and adequate care to the dogs, but Malarcik said that’s not the same as the other subtexts for cruelty to animals, such as intentionally harming or mutiliating or other forms of cruelty. He asked for a sentence of community control. He also mentioned the many letters sent from family and friends and community members in support of Arsuffi.

Jones also mentioned letters, unsolicited letters from members of the community sent to the prosecutor’s office concerning their feelings for the penalties Arsuffi should face. She said that showed the strong feelings about animals.

“This is someone who just left these dogs to die,” she said.

She mentioned the recidivism factor playing into the case, the fact that he had dogs at his house the day of the explosion while this case was pending in violation of his bond, plus he picked up new charges for the drugs. His attorney noted that he was never charged with a bond violation.

Jones went into detail about how the dogs suffered and explained the case came about because a utility worker came to the residence saw the emaciated animals and made a call to the dog warden’s office. She said seven of the dogs died chained to their dog boxes, they had broken teeth, balding spots and infected ears. He failed them in every regard. She showed the judge photographs of the dogs.

Jones said Arsuffi wasn’t there when then deputy dog warden Amy Toot and investigators first arrived, but arrived home later and reportedly told one deputy he knew why they were there, acknowledging the dead dogs. Arsuffi apparently swore in the courtroom when Jones said that, prompting a reprimand from the judge.

“What do you mean there’s two still alive,” Jones said Arsuffi commented to a deputy.

Also he was licensed for 10 dogs and claimed he didn’t know what happened to the one missing.

Bickerton told Arsuffi that what stuck out for her was the fact that he was up and mobile when deputies were on his property the day the dogs were discovered, plus his purchases of food came from the website Chewy.com, meaning the food was delivered to the house. She questioned why he couldn’t have fed the dogs or even called for aid from his friends or family to care for the dogs.

When asked for a comment after the sentencing, Malarcik said, “Very difficult case. The judge had a very difficult job. I really just appreciate the hard work she put into this case.”

Columbiana County Prosecutor Vito Abruzzino noted that this was the first time his office had used Goddard’s Law, which was named for the late Cleveland Fox 8 meteorologist and animal activist Dick Goddard and made cruelty cases a felony.

“We will not shy away from using it in the future. I thank Dick for his work in getting this law passed and thank the legislators for making animal offenders accountable at the felony level,” he said.

Abruzzino said when he first came into office and spoke to his staff, he stressed that crimes against kids and crimes against animals were going to get some attention.

“They’re important to the community. They’re important to me,” he said, adding, “We’re going to pursue maximum sentencing to the extent that justice will allow.”

mgreier@mojonews.com