Judge considering bond for Anniston restaurant owner

Dave Mogil

A judge was deliberating Tuesday on whether to set a bond for Anniston restaurant owner Dave Mogil, who was jailed more than 10 weeks ago and who faces numerous criminal charges.

The owner of Damn Yankees has been jailed since his Nov. 20^th arrest on a charge of aggravated cruelty to animals. Prosecutors allege Mogil beat his girlfriend's dog, Coco, with a hose, and that the dog later fell or jumped from a second-story patio at his home atop Damn Yankees in Anniston.

Mogil was serving a two-year probation for a 2014 conviction of harassment when he was arrested on the animal abuse charge. That harassment conviction was for shoving a woman in the back and cursing at her repeatedly.

Citing his probationary status, the arrest in November on the animal cruelty charge and a 2013  indictment on charges of second-degree assault, disorderly conduct and resisting arrest, prosecutors asked the courts to revoke his probation. A judge did so Nov. 25. A Calhoun County grand jury is to hear the case against Mogil on the animal abuse charge in March.

David Dethrage, former mayor of Anniston from 1992-96, told the court that he has known Mogil for many years and would agree to check on him and report Mogil’s demeanor to the court if he’s released on bond.

All of Calhoun County’s judges recused themselves from the cases of resisting arrest, second-degree assault and disorderly conduct charges lodged against Mogil. The Alabama Supreme Court in January 2014 appointed Chambers County Circuit Judge Steve Perryman to oversee them.

Perryman said Tuesday that he would read over transcripts from the earlier hearing and would likely come to a decision on Mogil’s release on bond later that day. Perryman’s court clerk said after Tuesday's hearing that the decision may not come until today.

Also on Tuesday, Mogil pleaded guilty to second-degree criminal mischief, and Perryman sentenced him to one year of probation for causing more than $2,500 in damage to an Anniston attorney's 2002 Mercedes Benz SUV in March of 2012.