A defense lawyer says he will appeal a conviction of animal cruelty in the death of a greyhound after a judge rejected a move for a new trial.
David Johnathan Gibby, 26, was criminally charged because he removed the racing dog from a veterinarian's care and the dog died. He requested a new trial, claiming that jurors were swayed by grisly photos of the dog's body.
Gibby took the dog, He's My Denny, from an animal clinic where it was being treated after an attack by seven dogs at the Daytona Beach Kennel Club, prosecutors said. Gibby worked at the club, but someone else took the animal to the clinic.
No date has been set for Gibby's sentencing. He faces a jail sentence or probation, prosecutors said.