OK,
so why is an unknown person on their porch in the first place?
Better security measures might be needed?
My guess would be that the schitbird‘a dog ran up on the guy’s porch, the schitbird went up after it, smacked it around and left. Probably about a 20 second episode. Most of us probably are not willing to put the “security measures “ in place that would prevent that. It’s not like the schitbird was in the house.
That is entirely possible.
A gate across that opening would make it a trespassing charge added on to the cruelty charge too. And, it might have alerted the homeowner to the intruder before he got to the dog too.
Don't need a gate to be trespassing
In many places you do, if your property is not marked at the street.
Access to your front door for delivery, etc, without having to pass through a gate, generally does not constitute trespassing.
No gate, no signs, most places I've lived folks are free to come onto your front porch.