A Charleston man will spend up to three years in prison for reportedly feeding razor blades to his neighbors' dog in 2005.

Kanawha Circuit Judge Duke Bloom sentenced John Franklin Hively, 46, to prison after a diagnostic evaluation said he was a high risk to reoffend if placed in similar circumstances.

In February, Hively entered a Kennedy plea to one count of felony animal cruelty on Feb. 28. Under a Kennedy plea, a defendant does not admit guilt, but agrees to a deal because he believes a jury might convict him of a crime with a longer sentence if the case were to go to trial.

Defense attorney Jesse Forbes asked Bloom to consider either probation or home confinement for Hively.

The evaluation indicated that Hively poses a low risk to overall public safety, Forbes said.

Bloom noted that the evaluation said that Hively should not be allowed to own a gun, nor should he be permitted to live near domesticated pets.

Kanawha County assistant prosecutor Fred Giggenbach argued in favor of a prison sentence.

"This was a sinister and cowardly crime," he said. "He's now a twice-convicted animal abuser," referring to an earlier conviction that involved shooting an animal.

In spite of overwhelming evidence, Hively continues to maintain his innocence, Giggenbach said.

A Charleston man will spend up to three years in prison for reportedly feeding razor blades to his neighbors' dog in 2005.

Kanawha Circuit Judge Duke Bloom sentenced John Franklin Hively, 46, to prison after a diagnostic evaluation said he was a high risk to reoffend if placed in similar circumstances.

In February, Hively entered a Kennedy plea to one count of felony animal cruelty on Feb. 28. Under a Kennedy plea, a defendant does not admit guilt, but agrees to a deal because he believes a jury might convict him of a crime with a longer sentence if the case were to go to trial.

Defense attorney Jesse Forbes asked Bloom to consider either probation or home confinement for Hively.

The evaluation indicated that Hively poses a low risk to overall public safety, Forbes said.

Bloom noted that the evaluation said that Hively should not be allowed to own a gun, nor should he be permitted to live near domesticated pets.

Kanawha County assistant prosecutor Fred Giggenbach argued in favor of a prison sentence.

"This was a sinister and cowardly crime," he said. "He's now a twice-convicted animal abuser," referring to an earlier conviction that involved shooting an animal.

In spite of overwhelming evidence, Hively continues to maintain his innocence, Giggenbach said.

According to court documents, police found razor blades and rubber gloves with meat on them in Hively's trash after Ken Hughart, the dog's owner, reported the incident.

Hively briefly addressed the court and tried to assure the judge that he does not pose a threat to society.

"I know in my heart that I am not a danger to anyone or anything," he said. "I am a genuinely transformed and decent citizen. And I desire the opportunity to demonstrate that to you."

Bloom imposed a prison sentence, even though Hively has already spent roughly eight months in custody, meaning he would be eligible for parole after four months.

"The psychological evaluation is quite frankly a mixed bag at best," the judge said. "There does appear to be a reluctance [on Hively's part] to accept responsibility."

After the hearing, Hughart said his dog is doing fine.

"It's well-deserved," Hughart said of Hively's prison sentence. "He cannot control his anger, that's what he did, and these are the results."

Reach Andrew Clevenger at acleven...@wvgazette.com">acleven...@wvgazette.com or 348-1723.