Two felony animal cruelty cases continued in Butler County Common Pleas Court

Two felony Butler County animal cruelty cases took unexpected turns last week with the trial of a man accused of abusing a cat continued and the sentencing of a woman for starving a horse and dog also postponed due to judge recusal.

Zhean Bai, 28, who was arrested in February at his Oxford residence then indicted on one count of cruelty to companion animal, a fifth-degree felony, was scheduled to be back in court Thursday for a final hearing before his scheduled Nov. 4 trial.

The hearing was continued until Dec. 4 and trial cancelled as the request of the defense that was awaiting an Ohio Supreme Court ruling that could affect Bai’s case.

Bai is accused of capturing a cat then slamming it to the ground at a Hamilton apartment complex, causing the animal grave injuries. The cat was euthanized due to its injuries.

Bai’s team of attorneys filed motion to have the charge dismissed citing the pending case before the Ohio Supreme Court questioning the definition of a companion animal which raises the charge to a felony.

In the motion, the attorneys questioned if the cat was a companion animal or a “feral cat” because “the cat was not owned by anyone in the apartment building, nor did it live in anyone’s home.”

Last week, the high court issued a unanimous decision saying a cat or dog does not need to be “kept” in order to be protected under the law. It reversed a decision by the Eighth District Court of Appeals that found the felony-level statute only applied to pets that received care from someone.

Butler County Prosecutor Michael Gmoser acknowledged the supreme court ruling and said Bai’s case will move forward with a plea or a new trial date.

Bai is free on $50,000 bond.

Also on Thursday, a Hanover Twp. woman was scheduled to be sentenced for felony animal cruelty after a decomposing dog’s body was found in a wire cage and a “severely” emaciated horse was found in December on Oxford Milford Road property.

Katie Still, 32, was indicted by a grand jury for cruelty to companion animals, a second-degree misdemeanor and cruelty to companion animal, a fifth-degree felony. In August, Still pleaded guilty to the fifth-degree felony and the misdemeanor charge was dismissed.

Judge Jennifer McElfresh set a sentencing for Thursday, but the hearing was vacated and the judge noted she would recuse herself from the remainder of the case. A reason for the recusal was not given and judges are not required to state a reason.

Gmoser said the sentencing would be assigned to another common pleas judge, but the recusal does not require the case to restart.

“The plea of guilty was accepted. The referred judge will have to familiarize himself with the case and then make an appropriate sentence based on the plea,” Gmoser said.

Still faces 12 months behind bars and a $2,500 fine. she is also free on bond.