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Chief Judge Larry Eisenhauer said prosecutors must prove the defendant acted with "depraved" or "sadistic" intent to support an animal torture conviction. He said that standard wasn't met because no one witnessed the killing, it's unclear how many times the dog was struck and Meerdink didn't appear to be happy or eager before and after the killing. What's more, Meerdink killed the dog after it demonstrated aggressive behavior that was getting worse, including biting a 9-year-old child, Eisenhauer wrote in a ruling joined by Judge Nancy Tabor.
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