Veterinarian testifies in animal abuse preliminary hearing for Anniston restaurant owner

David Mogil

A Southside veterinarian who treated a dog allegedly abused by an Anniston restaurant owner in November testified in a Calhoun County Courtroom Wednesday that the dog showed no obvious signs of abuse.

But also said that those signs can sometimes take time to develop, and she couldn’t rule out the possibility that the dog had been abused.    Ginger Bailey, a veterinarian at the Southside Pet Clinic testified during the preliminary hearing for 49 year old David Mogil, owner of the Damn Yankees restaurant on Noble Street in Anniston. 

Mogil remained in the Calhoun County Jail on Wednesday for allegedly abusing a dog in November. He was arrested Nov. 20 and charged with aggravated cruelty to animals. 

Anniston police allege that witnesses described seeing someone on the second-story balcony of the restaurant striking a dog with a piece of garden hose. The dog then attempted to escape and either fell or jumped from the balcony, those witnesses told police.

The cocker spaniel, named Coco, has since been placed with a new family.

Bailey said Coco had a scrape on her chin, but was otherwise healthy.

Chambers County Circuit Judge Steve Perryman on Nov. 25 ordered two bonds on previous charges against Mogil revoked because of his arrest in connection with the animal abuse case.

Those cases had been assigned by the state Supreme Court to Perryman, according to state court records, because all of Calhoun County’s Circuit Court judges recused themselves.

Mogil’s preliminary hearing on the animal abuse charge is to continue Monday.

If Calhoun County Circuit Judge Chris McIntyre were to dismiss the animal abuse charge, Mogil’s bond revocations on those older charges would also be dismissed, Broome said. Mogil would then be allowed to make his $7,500 bond on the animal abuse charge and be released from jail.