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Tag: judge

Man who drowned dog is ordered to keep pup’s photo in his wallet for two years

burrowA North Carolina judge imposed a lenient but lingering sentence on a Fort Bragg soldier who intentionally drowned his 8-month-old puppy.

Cumberland County Superior Court Judge Jim Ammons handed John Burrow a sentence of 30 days in jail and 100 hours of community service, cleaning the cages at Cumberland County Animal Control.

A light sentence — but one with a twist:

Ammons also ordered Burrow to keep a photo of the eight-month-old pup in his wallet for the next two years, while serving his probation, according to WTVD.

Police said Burrow, a paratrooper, used parachute cords to tie the legs of the pup, named Riley, and looped the rope around his muzzle before throwing him into MacFadyen Pond around Thanksgiving in 2014.

The dog’s body washed ashore on Jan. 2, 2015.

Yesterday’s sentencing followed a guilty plea by Burrow.

Investigators said Burrow told them the mixed lab-shepherd pup had run away from home several times, and he and his wife could not afford the veterinarian bill after the dog was hurt during a previous escape.

rileyBurrow and his wife, Kelsey, initially claimed the dog had run away when they were questioned by police after his body was discovered.

Kelsey Burrow told Cumberland County sheriff’s investigators then that Riley had stood on a privacy fence and opened the latch on the gate.

Investigators said she put false posts on Facebook saying Riley was suffering from organ failure, and told a friend in a Facebook message that the dog died while undergoing surgery.

Kelsey Burrow has been charged as an accomplice and is still awaiting sentencing.

In court Tuesday, John Burrow, 24, apologized, the Fayetteville Observer reported.

“I’m sorry,” he said, “so very sorry, and sorry to Riley. I did love Riley. I did love that dog. I have no excuse.”

As part of the plea arrangement, Burrow agreed not to own another animal during his probation period.

(Photos: WTVD and the Fayetteville Observer)

To be or not to be — a pit bull

diggy3

Whether Diggy is to be or not to be a pit bull will be decided by a judge.

The dog whose smiling face went viral — and led local officials to label him a pit bull and order him to leave town — is going to get his day in court.

Since we last reported on the case, Diggy has been proclaimed an American bulldog by a local veterinarian, but Waterford Township officials apparently didn’t buy the vet’s pronouncement.

Diggy is a pit bull, they say, based on how he looks — and those are banned in the Michigan township, under its dangerous dog ordinance.

Because Diggy’s owner, Dan Tillery, was cited by local authorities for having a pit bull, the final disposition of the case will be left up to the court.

It’s all a tremendous waste of time — first and foremost because pit bull bans are ill-conceived and just don’t work. On top of that, pit bull isn’t a breed at all. On top of that, a judge is likely to be even worse at determining breed than animal control officials, police, shelters, rescues and even veterinarians are, which is pretty bad to begin with.

And on top of all those things, does either side really want to know?

If they did, you’d think they’d have conducted a DNA test by now.

diggy4Tillery, a musician, adopted the dog from Harper Woods-based Detroit Dog Rescue earlier this month and posted a photo of Diggy and himself that went viral and was shared by news outlets nationwide.

The media coverage led the Waterford Police Department to drop by a few days later, take a look at Diggy, proclaim him a pit bull, and tell his owner that he had three days to get the dog out of town.

The dog had been listed as an American bulldog when he was in Detroit’s city animal shelter. He was pulled from there by Detroit Dog Rescue, which, in at least one Facebook post, labeled him an American bulldog-pit bull mix. On the official adoption papers, though, Detroit Dog Rescue listed him as American bulldog.

After the police department’s ultimatum, Tillery had the dog assessed by a local veterinarian who judged him to be American bulldog — though he apparently did so without conducting a DNA test.

That wasn’t good enough for local authorities, who, though they relaxed that three days to get out of town part, are still insisting Diggy is a pit bull and must leave.

Tillery met Monday with Waterford Township officials, and posted on his Facebook page that the prosecutor was sticking to the decision to have Diggy removed from the community.

A hearing was scheduled for Aug. 11, at 2 p.m. in Waterford’s 51st District Court.

“My lawyer and I are going to do everything possible to make sure Diggy stays in his home with us, his family,” Tillery said in the post. “Thanks for all of your support, guys. I’m not a quitter.”

diggyWaterford Township Prosecutor Margaret Scott said that the township will now simply wait to allow the court to determine whether Diggy falls within the ban.

“We’re not going in and removing the dog, we’re not destroying the dog — it is a pending violation,” she told the Oakland Press.

Tillery and his dog have seen an outpouring of support from dog lovers and those opposed to Waterford’s breed-specific legislation. More than 50 supporters showed up at a Waterford Board of Trustees meeting to ask officials to remove the dangerous dog ordinance from its books.

More than 100,000 people have signed a petition asking the town to lift the ban.

Strangely, amid all the debate and national news coverage, DNA testing hasn’t been mentioned. If Tillery has pursued it, he’s staying quiet about it.

While some of the companies offering DNA tests — via blood samples or cheek swabs — skip around the pit bull question, a few of the tests do identify the breeds commonly associated with pit bulls.

certOne even offers a “pit bull exemption certificate” in cases where a dog is determined to be made up of 87 percent or more of non-pit bull breeds.

That may or not impress Waterford officials, or the judge, as such tests aren’t conclusive.

It’s still a possibility — that one side, or the other, or the judge, could pursue having the test done.

It would at least add some factual material to all the guesswork going on, at least a little foundation for the strident and unending Internet debate that is mostly — much like pit bull bans themselves — sound and fury, signifying nothing.

(Photos of Diggy by Dan Tillery)

Crufts 2016: Another choice of scandals

Just like last year, Crufts offered up a choice for discerning scandal mongers as the world’s most prestigious dog show came to a close in the UK over the weekend.

Before the dog hair had been cleared away from the NEC in Birmingham, charges of nepotism were swirling after it was revealed judge Di Arrowsmith awarded best gundog to a Gordon setter partly owned and bred by her sister, Josie Baddely.

And animal advocates and others were raising a stink about the Kennel Club judges awarding best in breed to a German shepherd who would have been a walking exemplar of the direction breeders had long been trying to take the breed in — that slinky appearance, with a sloped back and hind legs that seem to trail far behind the rest of the animal.

He would have been an exemplar of that, at least, had the dog had been able to walk.

First, because it’s a little more clear-cut, we’ll deal with the nepotism.

Arrowsmith insisted she awarded the prize on the dog’s merits.

“When I adjudicate, I do so without fear or favor,” she told the Daily Mail. “The Gordon setter was the best dog in the ring on that night. It would have been dishonest not to give the award to him.”

The Telegraph reported that criticism was running rampant on dog breeder forums on the Internet.

“Most exhibitors who adhere to decent standards of behavior don’t enter under judges who are related to them,” one said. “The decent thing to do is withdraw from the group judging,” said another. A third said: “This is yet another Crufts controversy that will only harm the competition.”

The Kennel Club, which runs the show, insisted no rules were broken.

Caroline Kisko, the secretary of the Kennel Club, insisted the winning gundog won the prize on his merits. In a statement, she said: “It is important to clarify that no rules were broken here. Any dog that is chosen as a winner is done so because of the judge’s honest opinion on the day and is judged with integrity.”

The statement goes on, at length, with trademark bluster, to defend the decision — even though that’s really not the point.

Whether it’s Miss America pageants, Nobel Prizes or dog shows, you just don’t allow people to serve as judges in competitions in which their family members are entered. Fathers shouldn’t be judging sons. Sisters shouldn’t be judging sisters — even sisters who don’t get along (as is reportedly the case here.)

But does the Kennel Club say, “Yeah, you’re right, that was pretty stupid of us?” No, they spin and defend, manipulating the truth much like breeders and breed standards have manipulated dog breeds.

Which brings us back to the deformed, mutant German shepherd.

Sure, it could have been a case of nerves, or health problems unrelated to genetics that led her to stumble her way through the spotlight at Crufts.

But I suspect it has something to do with a limited gene pool. Design a human whose feet aren’t under his butt and he’d have trouble going through the paces, too.

Just as close relatives shouldn’t be judging each other in contests, they shouldn’t be breeding with each other — especially when the sole goal of those overseeing the breeding is to produce an offspring that accentuates some silly, and often unhealthy, physical characteristic that the latest breed standards deem “desirable.”

As seen in the video at the top of this post, the dog named best in breed, Cruaghaire Catoria, is barely able to trot across the arena floor. It’s as if her front legs and rear legs are operating independently of each other.

Why then award her best in breed? For one thing, her shape conforms to what, until recent years, was considered the ideal (when in reality it was unhealthy, prone to causing hip problems, and gave the breed the appearance of a skulking, runaway felon).

Correcting that, just like achieving it, takes some time — and that’s if there’s consensus among the breeders and all those smug kennel club types who have trouble ever admitting they were wrong.

If Cruaghaire Catoria is any indication, that consensus doesn’t exist.

(Photo: James, the Gordon setter chosen best gun dog; ASC/ZDS/Anthony Stanley / WENN.com)

Tasered dog walker awarded $50,000

hesterberg

Remember that California man who was shot with a stun gun by a National Park Service ranger who stopped him for walking his dogs off leash?

Gary Hesterberg may not have been entirely in the right when he sassed the park ranger and refused to give her his name, but the ranger was definitely in the wrong when she zapped him with her stun gun when he tried to leave the scene, a federal judge has ruled.

Judge Jacqueline Scott Corley ruled that Ranger Sarah Cavallaro used unlawful and unreasonable force, and she awarded Hesterberg $50,000 in damages for physical and mental suffering, the San Francisco Chronicle reports.

The incident unfolded on the afternoon of Jan. 29, 2012, when Hesterberg, 50, of Montara took his two dogs on a hike in the Rancho Corral de Tierra open space. Both dogs — a beagle named Jack and a rat terrier named JoJo — had been there many times before, and often walked unleashed.

While the Rancho had always had rules that dogs be kept on-leash, they’d never been too heavily enforced.

But when the land was acquired by the Golden Gate National Recreation Area, the park service made plans to change that, and ranger Cavallaro had been assigned to start spreading the word that day that stricter enforcement was coming.

When Cavallaro stopped Hesterberg to talk to him about the new rules, the conversation grew heated. Hesterberg said in court that he gave the ranger a fake last name because he didn’t “want to be placed on some offending dog walker … list.”

Hesterberg questioned Cavallaro’s authority and told the ranger he was leaving. She pointed her stun gun at him and told him to stay put.

When Hesterburg turned to leave. Cavallaro fired, hitting him in the back and buttocks. He was arrested on suspicion of failing to obey a lawful order, keeping dogs off-leash and providing false information, but San Mateo County prosecutors declined to file charges.

In her ruling, the judge found that Hesterberg, though uncooperative, never posed an immediate threat to Cavallaro, and that the circumstances didn’t justify the ranger’s use of force.

(Photo: San Francisco Chronicle)

Dragger of dog gets 10-year sentence


A South Carolina man who dragged a pit bull mix behind his pick-up truck for two miles received the state’s maximum penalty for animal cruelty.

Circuit Judge Letitia Verdin sentenced Roger Dennis Owens of Greenville to five years in prison Tuesday for ill treatment of animals. He received another 5 1/2 years for habitual traffic offenses.

“This is one of the cruelest things that I’ve seen since I’ve been on the bench,” Verdin said.

Andra-GraceOwens dragged the dog behind his truck for at least two miles on Nov. 29 — even as witnesses tried to get him to stop, according to the Greenville News.

Witnesses said the dog was tied to an open truck bed with her front paws on the gate while her hind legs were dragged across the road. The dog was running, trying to keep up with the truck, which was being driven at high speeds.

Two witnesses pursued Owens, following a trail of blood on the road until they found the dog, said Assistant Solicitor Julie Anders.

The dog, now named Andra Grace, was taken to a veterinary clinic for treatment, and more than $16,000 was donated to help pay for her care.

She has since been adopted.

Owens’ attorney, public defender Elizabeth Powers Price, said her client has cared for dogs his whole life but had been drinking that day.

You can learn more about Andra Grace on the Justice for Andra Grace Facebook page.

Condo association to pay for its stupidity

fischerA Florida condo association that told a woman with multiple sclerosis that her service dog was too big has agreed to pay $300,000 to atone for its collective stupidity.

The settlement followed a federal judge’s declaration that Sabal Palm Condominiums in Davie, which sued to force the woman to get rid of the dog, had behaved in a manner both absurd and unreasonable, not to mention in violation of the Fair Housing Act.

“Sabal Palm got it exactly — and unreasonably — wrong,” U.S. District Judge Robert N. Scola wrote in his order.

“This is not just common sense — though it is most certainly that.”

Scola ordered the condo association to allow Deborah Fischer, a retired art teacher, to keep her service dog, the Miami Herald reported.

Fischer, who uses a wheelchair and has limited use of her arms and hands, received a service dog in November 2011 from Canine Companions for Independence, a nonprofit group that provides dogs for people with disabilities.

The dog — a 5-year-old Labrador-golden retriever mix named Sorenson — has been trained to help Fischer pick things up, open and close doors and retrieve items from counter tops.

The condominium association, saying the dog violated its 20-pound limit on pets, began demanding medical records and other information to prove that Fischer needed Sorenson — and it sued Fischer when, it said, she failed to provide it.

Fischer, along with her husband, Larry, counter-sued, saying the condo board’s demands violated the federal Fair Housing Act, or FHA.

Judge Scola, in a 30-page ruling, strongly agreed with Fischer.

That the condo association “turned to the courts to resolve what should have been an easy decision is a sad commentary on the litigious nature of our society. And it does a disservice to people like Deborah who actually are disabled and have a legitimate need for a service dog as an accommodation under the FHA,” he wrote.

Condo board members suggested that Fischer could get a smaller service dog, but Scola didn’t buy that argument.

After Scola ruled in the Fischers’ favor, their attorney negotiated a $300,000 settlement with the attorney representing Sabal Palm.

Fischer said Sorenson can recognize 40 separate commands.

“He has made my life so much better,” she said.

(Photo: Courtesy of Matthew Dietz)

Ignoring Leona: Dogs have a bone to pick

If Leona Helmsley was betrayed as much in life as she is being betrayed in death, it’s easy to understand why she might have become the bitch — and we’re not talking female dog — she was so often portrayed as.

In the latest development with the wealth she left behind, a second judge has ruled, in effect, that the foundation divvying up her fortune among charitable groups need not follow her express wish that much of that money be spent on the care of dogs.

The judge denied a bid by the ASPCA, the Humane Society of the United States and other animal groups to get a larger share of Helmsley’s billions.

Although Helmsley directed a share of her massive fortune go to “the care of dogs” — that being in addition to the $12 million she asked be left to her own dog — the Helmsley Foundation’s trustees have seen fit to dispense most of the foundation money among organizations that have little or nothing to do with canines.

According to the animal welfare groups, only about $100,000 of the $450 million the foundation has given away has gone to dog causes.

The dog charities argued they should have standing to challenge how the foundation gives away its money in light of Helmsley’s written statements and last wishes. Wayne Pacelle, president of HSUS, called the $100,000 received so far “a trifling amount, and contrary to Helmsley’s intentions.”

Surrogate’s Court Judge Nora Anderson in Manhattan rejected the bid by the animal welfare organizations to intervene in the case, agreeing with a judge who ruled earlier that the trustees have sole discretion in how to distribute the money, the New York Post reported yesterday.

She said she feared the groups’ challenge could open the floodgates to countless lawsuits from dog organizations around the world.

It’s hardly the first time Helmsley’s last wishes have been overruled since her death: Of that $12 million she left in her will for the care of her Maltese, named Trouble, a judge reduced the amount to $2 million.

Beyond what she intended to leave for the care and feeding of Trouble, Helmsley had another $5 to $8 billion, according to estimates of the trust’s worth.

Helmsley, who died in 2007, wrote in a 2004 mission statement for the trust that she wanted that money used for “1) purposes related to the provision or care of dogs and 2) such other charitable activities as the Trustees shall determine.”

In 2009, though, the Surrogate’s Court found that the mission statement did not place any legal restrictions on what donations could be made from the trust.

Later that year, the ASPCA, the Humane Society and Maddie’s Fund, filed a motion asking the court to vacate its earlier order and allow them to intervene. The primary interest of those groups was not, of course, in seeing solely that Helmsley’s wishes were honored, but neither, it seems, are the foundation’s. The animal welfare groups’ goals seem more aligned with her wishes, though.

By all descriptions, the so-called “queen of mean” was a hard-hearted woman, with one soft spot — dogs.

The foundation doling out her fortune doesn’t seem to have a whole lot of respect for dogs, or for Helmsley.

I’m no legal expert, just a dog lover, and I’m not asking for Trouble.  But if I arranged to leave my fortune — non-existent though it may currently be — to my dog Ace, or anywhere else, and you didn’t carry out my wishes, you can be sure I’d be back to haunt you.

I’d show you mean.