ASHLAND — Trial dates have been selected for two men facing a combined 18 misdemeanor charges related to the investigation of a Loudonville dog breeding operation.
Daniel Miller, 64, of Loudonville and Ross C. Rutschilling, 24, of St. Henry, both appeared for pretrial hearings Tuesday afternoon before Ashland Municipal Court Judge John Good.
A protest including animal advocates — organized by members of B.A.R.K. for ALL and Passion & Purpose for Ohio’s Voiceless — preceded both pretrials in the municipal court parking lot.
Rutschilling — who faces five counts of aiding or abetting an act involving sexual conduct with an animal and one count of attempted cruelty to companion animals — appeared first, followed by Miller.
The 64-year-old currently faces 12 misdemeanor charges: six counts of cruelty to a companion animal (first-degree misdemeanors), engage in sexual conduct with an animal (second-degree), possessing criminal tools (first-degree), deprive a companion animal of sustenance (first-degree), torture, torment or commit act of cruelty (second-degree), falsification (first-degree) and obstructing official business (second-degree).
All six of Rutschilling’s charges are second-degree misdemeanors.
First-degree misdemeanors carry a maximum penalty of 180 days in jail and a fine up to $1,000, Good said. The maximum penalty for second-degree misdemeanors is 90 days in jail and a fine up to $750.
Good set final pretrials for both defendants during Tuesday’s proceedings. Both will take place Jan. 25, 2027, Rutschilling at 1 p.m. and Miller at 2 p.m.
Trials for both men will begin about a month later. Rutschilling’s trial dates have been set for Feb. 24, 25 and 26. Miller’s are scheduled for March 3, 4 and 5.
Good said he anticipates both trials will need three days for both sides to argue their case. A jury trial is also something the judge anticipates, he said.
Miller, Rutschilling remain free on bond
Robert Botnick, Rutschilling’s attorney, told the judge he received discovery Tuesday morning and had not had the chance to fully review everything that was included.
“We have some documents, we have some videos,” Botnick said.
Attorney Jeffrey Holland of Holland and Muirden, a special prosecutor assigned to the case, said there was quite a bit that went into preparing the discovery — which he said includes body camera footage, documents and texts.
“It took her (Holland’s colleague DanaMarie Pannella, a special prosecutor assigned to the case) she said six hours to upload this all into a dropbox,” Holland said.
Prosecutors are also waiting for the results of a forensics test on an “organic material” that was found on a dog, he told the judge, which may “change the complexion of the case.”
Botnick voiced no opposition to setting the final pretrial and trial dates out in order to have enough time to comprehensively review all discovery materials.
“I understand that there are some issues that are pending in other jurisdictions and all of that (is) going to come into play, I have no doubt,” Botnick said.
According to records from the Wells County Circuit Court in Indiana, Rutschilling is facing 21 felony charges in a separate case — including 20 counts of possession of child sex abuse material (all fifth-degree felonies) and one count of child solicitation (a fourth-degree felony). His next court date in that case is a pretrial conference on Nov. 16, according to the court docket.
Good said he did not view Rutschilling as a flight risk, citing his appearence Sept. 22 in municipal court via summons. The 24-year-old was never arrested in connection to his charges in Ashland County.
Both Rutschilling and Miller currently remain free on bond.
Rutschilling signed a recognizance bond Sept. 22 and is also required not to keep, possess, harbor or have under his control any animal.
Discovery in Miller case also ‘extensive’
Due to Miller’s multiple arrests (Aug. 27 and Sept. 8) and bonding out each time, Good noted that pleas had never been entered for the 64-year-old. Miller entered pleas of not guilty to all 12 charges Tuesday.
Miller’s two separate cases (due to charges being filed on separate dates) were also joined to proceed as one case.
Brandon Pokersnik, Miller’s attorney, said he also received discovery from prosecutors Tuesday morning.
Holland said the discovery was as extensive in the case against Miller as it was for Rutschilling.
Good set Miller’s bond at $25,000 cash on Sept. 9, with no permitted 10-percent posting, and personal recognizance bond. He also granted a motion from the state to apply a special condition to the bond, specifying that he cannot possess, keep, have under control or harbor any animal — including both companion animals and/or livestock — while the case is pending.
According to court records, Miller posted bond later that afternoon (Sept. 9) after Hitchman Bail Bonds posted surety in the amount of $54.
Holland said an argument is being made that Miller and Rutschilling could be tried together, seeing as they are “related defendants.”
“But I haven’t raised that (motion) yet,” he said.
