Kevin Grasha

kgrasha@lsj.com

MASON -- A bench warrant has been issued for one of two brothers scheduled to be sentenced Wednesday for torturing a dog after he failed to appear for the court hearing.

Minutes after Benjamin Conley's brother, Nicholas, was sentenced to a year in jail with four months suspended if he paid court-ordered costs, Benjamin Conley's case was called.

His attorney, Kim Savage, was waiting at the podium by herself. Savage told Ingham County Circuit Judge William Collette she had just met with him outside the courtroom to review a pre-sentence report but didn't know where he went.

At the time, Nicholas Conley, 31, was sitting in a chair in the corner of the large courtroom, waiting to be taken to the county jail. He could be seen wiping tears from his eyes. Several family members also were in the courtroom.

At 2:50 p.m., Collette issued the warrant for 34-year-old Benjamin Conley's arrest. He was not in custody late Wednesday, jail officials said.

Both brothers had been free on bond as they awaited sentencing.

The Lansing men stood trial last month and were found guilty of animal torture and conspiracy to commit animal torture.

The incident happened Sept. 6, 2013 and was witnessed by neighbors.

A witness testified that the pit bull was hung by a "noose" from the roof of a house, with Nicholas Conley holding the rope or chain. Benjamin Conley was nearby, helping, according to testimony.

The dog was suspended for several minutes and also had been stabbed multiple times, according to testimony.

Afterwards, the brothers placed the dog in a shallow hole, attaching the dog to a cinder block with a short chain so it couldn't lift its head. The dog was later euthanized.

The Conleys' attorneys said they acted in self-defense after the dog, named Killer, became aggressive. The night before, the dog attacked Benjamin Conley's 13-year-old son, injuring him severely.

Prosecutors said the Conleys tortured the dog as revenge for biting the boy.

Collette sentenced Nicholas Conley to a year in jail and ordered him to pay $866 in costs, which included $600 in court-appointed attorney fees.

Collette suspended 120 days of the sentence. Nicholas Conley won't have to serve that time if he pays the costs.