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I say he gets off. There's no way they can prove that what he did was cruelty. A dog of that type and size, the guy's apparently a frequent offender, no attack from the dog? Sounds like they both were enjoying it.
He gets off, Precious runs away (at 35 in dog years she a little old to be living at home), they get married, raise a couple litters and live happily ever after.
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