Trial starts for Casper's former owners

The animal cruelty trial of a couple accused of nearly starving their dog to death is underway in a Hillsborough County courtroom.

Wilmer Fernandez and Aixa Rodriguez both face up to five years in prison if convicted. Prosecutors offered them a plea deal three years in prison and two years probation, but they rejected that.

Deputies arrested the pair in November when they say an investigator with Hillsborough County Animal Services went to their house and saw the 3-year-old Boxer mix was emaciated and couldn't walk. Prosecutors say the dog had been tied up outside for days without food.

Jury selection began this morning and it's possible Fernandez and Rodriquez will testify on their own behalf some time during the trial.

Once court proceedings got underway today, Prosecutor Natalia Silver showed jurors a picture of what Casper looked like, nearly 50 pounds underweight.

"When you make a decision to own a pet, that creates an obligation, it creates a duty, it creates a responsibility," she said.

Prosecutors said Fernandez and Rodriguez failed in that responsibility. But public defenders for Fernandez and Rodriguez said there were extenuating circumstances.

Roxanne Smith said Fernandez didn't get paid that week and didn't have the means to care for the dog.

She told the jury that doesn't make them bad people.
"Did they intentionally commit an act that caused Casper to be in excessive pain and suffering based on evidence? There is not going to be evidence that they intentionally starved the dog and intentionally harmed the dog," Smith told the jury.

Pam Taylor, who adopted Casper once he was well enough, testified on how the dog is doing right now. She said at first, he wouldn't eat a hotdog because he didn't know what it was. Now he is 72 pounds.

In a sworn affidavit they said they didn't have the money to properly care for Casper and that's why he was in such bad shape.

The couple is banned from ever owning a dog again. Casper now has new owners and is doing well.

The trial is expected to last through Thursday.