Anniston restaurant owner arrested on animal cruelty charge

David Martin Mogil                   Mary Allison Barrett

Anniston police have arrested an Anniston restaurant owner on an animal cruelty charge for an alleged dog abuse incident earlier last week.

Anniston police say they launched an investigation on Thursday after receiving information about the alleged incident at Damn Yankees Steak/Fish & Oyster Bar on Noble Street. Witnesses told police that they saw an individual repeatedly hitting a dog with a garden hose and hearing the animal yelping in pain. The dog, according to witnesses, then tried to run from the individual and either fell or jumped from a second-story balcony, landing on the concrete ground.

Witnesses said they then saw the same individual who was striking the dog pick up the animal, which was reportedly bleeding from its mouth.

Investigators later identified the individual suspected of hitting the dog as 49-year-old David Martin Mogil, the owner of the restaurant. His girlfriend, 30-year-old Mary Allison Barrett, was identified as the dog's owner. Both Mogil and Barrett refused to tell police where the dog was taken after the alleged incident, and the case was eventually presented to the Calhoun County District Attorney's Office.

The DA issued an arrest warrant not long after receiving the case, as well as a search warrant for the apartment above the eatery. Upon serving the search warrant, officers took Mogil and Barrett into custody and transported them to jail.

Police said Mogil's warrant prevents him from bonding out of jail. Johnson's bond hasn't been set.

The dog is reportedly being treated at an out-of-town animal clinic. An investigation remains ongoing.