Yob jailed after viaduct death of pensioners' dog

Twisted Gary Marshman, 27, was caught on CCTV snatching 12-year-old Jess after her owner had left her tethered outside a Tesco supermarket while he popped in to do some shopping on January 15 last year.

Owner Ron Bisby, 78, initially thought border collie Jess, who suffered from an arthritic back leg, would make her own way home after escaping but her battered body was found in the River Spen three days later.

Following a search by police and the public, the elderly animal was found in a river with extensive injuries which a post-mortem examination revealed were consistent with a fall from a significant height – leading to the conclusion she was probably thrown in.

Her collar and lead were found in bushes nearby.

Dewsbury Magistrates' Court heard yesterday that Mr Bisby and his wife Enid, 71, were traumatised by the horrific chain of events.

Marshman was found guilty of theft after a trial earlier this year but had given no reason to why he took the Bisbys' pet – who was described as the couple's chief interest in life.

Stephen Fox, prosecuting, told the court Mr Bisby was not immediately concerned when he could not see Jess after leaving the supermarket in Cleckheaton, thinking she had just got free and would make her way home of her own accord.

Marshman, who has a string of previous convictions including possession of a firearm and burglary under his belt, was caught by Tesco's security cameras going in and out of the store at the time Jess was tied outside.

CCTV then tracked him going through the car park with Jess on a lead. Further security footage showed Marshman returning to a bail hostel to change his clothes – he had been living at the hostel since leaving prison a month before.

Having been been identified, Marshman, who denied the offence throughout his trial, was arrested and examination of his clothes uncovered a single white hair on his jacket, which was found to be a DNA match for the family pet.

Mr Fox said: "People their age should not have to put through this misery."

He also read out a statement from Mr Bisby, in which he said: "Due to this incident I have been unable to sleep properly, I feel numb and I miss my dog terribly.

"My wife feels she has aged 10 years and won't leave the house. I can't put a price on Jess – she is priceless to me."

Sentencing Marshman, of Bradford, bench chairman Vince Reynolds said: "The offence is so serious that only a custodial sentence is justified. This offence has been taken against vulnerable victims."

Mr Reynolds told the court that he was also taking into account the psychological impact and the high levels of stress the theft caused the victims. He also sentenced Marshman to 14 days imprisonment for previously failing to surrender to custody, to be served concurrently.

Paul Blanchard, mitigating, said his client had been in and out of custody since 2003 and had become institutionalised, finding it hard to deal with the real world.

He added: "Nothing can detract from the fact that the Bisbys have lost their pet."

Following the hearing, Mrs Bisby said her husband could not bear to attend the sentencing.

"After 18 months he's only finally coming to terms with the fact Jess has gone and he didn't want it brought back to him. Jess was the love of our lives, so much so that we have had an artist paint a picture of her from a photograph.

"For this to happen to any dog would be terrible, but for it to happen to an old, trusting dog makes it even more upsetting."