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A Belle River man convicted of killing a dog by taping its muzzle shut served only four hours of a four-month jail sentence Wednesday before being freed on bail pending appeal.

John Mackenzie,56, is appealing his conviction for killing a dog and causing unnecessary pain and suffering to an animal. In April 2012, he volunteered to look after a 40-kg German shepherd for a friend who was in jail. Mackenzie kept the dog tied to a tree in the front yard of his home on County Road 22.

The dog was on a short lead attached to a choke collar.

The dog was barking and bit him, so Mackenzie wrapped electrical tape around the dog’s muzzle. When he checked on the animal hours two hours later, the dog was dead.

Ontario court Justice Gregory Campbell called Mackenzie’s handling of the dog “wanton and callous.” He sentenced Mackenzie to four months in jail followed by two years’ probation. He prohibited Mackenzie from owning or living in a home with a pet for 10 years.

Mackenzie’s lawyer, Frank Miller, had appeal paperwork ready before Campbell even passed sentence. Mackenzie appeared in Superior Court later the same day when, on the consent of the Crown, Justice Joseph Quinn granted him bail pending the outcome of his appeal.

Mackenzie was released on $2,000 bail. He did not have to deposit any money with the court, but may be forced to pay it if he fails to attend on future dates.

Quinn also prohibited Mackenzie from living in a home with a pet.

When the same prohibition was imposed earlier in the day, defence lawyer Frank Miller said it may lead to the euthanizing of Mackenzie’s female Weimaraner, who recently had a litter of puppies.

At the sentencing hearing, Miller called Mackenzie a “responsible” pet owner.

But the sentencing judge said taping the dog’s muzzle shut was “cruel.” Leaving the dog in that condition while tethered to a tree with a choke collar was “reckless and criminal.”

“It was carried out with indifference to the foreseeable consequences.”

Mackenzie has a long criminal record with 29 convictions spanning 40 years. When he killed the dog, Mackenzie was on probation for assault.

He has not criminal record for animal abuse.

“Mr. Mackenzie is not a person who runs around hurting dogs,” Miller said.

“Mr. Mackenzie left a dog on a choke chain and the dog strangled itself… It’s not like microwaving a cat.”

In his submissions to the judge, Miller said, “there is a difference between the recklessness Your Honour found an egregious act of cruelty.”

Campbell imposed the same jail term handed to a Windsor man who tied a condom to his dog’s penis. In that 2010 case, Anjalo Abeywickrema was trying to prevent the Labrador retriever mix from urinating and ejaculating in his apartment.

The dog ran away with the contraption attached. Abeywikrema chased after the dog, but suffered a heart attack and had to be hospitalized.

The dog was found a day later, its penis bleeding and blackened. It was euthanized.

Assistant Crown attorney Scott Pratt said there were mitigating factors not present in Mackenzie’s case. Abeywickrema showed remorse by pleading guilty.

Pratt asked for a jail sentence of six months and three years’ probation.

“Mr. Mackenzie created the situation that killed the dog,” Pratt said.

But Mackenzie, addressing the court, insisted he had not meant to kill the dog.

“I’m sorry what happened to the dog,” he said. “It was an accident…I feel bad.”

Melanie Coulter, executive director of the Windsor-Essex County Humane Society, said, despite Mackenzie’s release, she is satisfied the courts were taking the case seriously.

“We’re pleased that the justice system has said animal cruelty is an offence that should be punishable by a jail sentence.”

She said Mackenzie should never be allowed to own or live with animals again. “A prohibition is a key component we’d like to see,” she said. “We think it should be for a lifetime.”

ssacheli@windsorstar.com