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Lapeer Circuit Court Judge Nick Holowka ordered Charles Ervin Oliver, 48, of Deerfield Township, to spend 30 days in jail, with credit for one day served, and serve 18 months of probation. Oliver must pay $100 a month for his own supervision, plus fines and court costs. During probation he's not allowed to possess or supervise domestic animals such as cats or dogs. Holowka ruled that Oliver, who is a farmer, may own animals related to his employment.

"It's is a tragedy, abusing animals," said Lapeer County Prosecutor Byron Konschuh following the sentencing. "Hopefully this will send a message that you'll face criminal prosecution if you do."

Oliver, the husband of Deerfield Township Clerk Debra Oliver, was convicted of killing former tenant Nicholas Olmstead's 12-week-old puppy in October. During the trial, Oliver testified that he never touched the dog. Debra Oliver said she'd been with her husband on most of the evening when the puppy was thought to be slaughtered.

On the stand, Olmstead said that he and Oliver had argued over the dog. Following the clash, he returned home and it looked as though someone had stomped the puppy to death, kicked it down the hall and out the door. There was a trail of blood in the home that continued outside and he could see prints in the snow where the puppy's head was pressed in the snow. The body of the puppy was never found.

After a two day trial, it took a jury of 12 less than one hour to find Oliver guilty of one count of animal killing/torture.

Oliver retained Lapeer-based attorney John Nowak during his trial. He was represented by Genesee County attorney Jeffrey E. Clothier during the Monday sentencing.

In a plea for a leniency, Clothier addressed Holowka and said Oliver had no prior convictions. He asserted that Oliver is a family man, and had raised four children. Clothier said he typically asks his clients to express remorse when they're sentenced.

"He has said he is innocent," said Clothier, adding that his client passed a private polygraph test on his own volition. "I truly believe he didn't kill the dog."

Konschuh learned 10 minutes before sentencing that Clothier was going to speak about the private procedure and he had no objection. A lie detector test isn't considered evidence.

"A jury of his peers had already found him responsible and guilty beyond a reasonable doubt," Konschuh said. "Polygraph tests aren't scientifically reliable. They're used to weed out suspects."

Susan Younger may be reached at (810) 664-0811, Ext. 8122 or susan.younger@lapeergroup.com