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Tag: prosecution

Animal control officer who struck river rescue dog won’t be prosecuted

An animal control officer who struck a dog with his baton, leading to a cracked skull and the loss of an eye, did not use excessive force, authorities in Oregon have concluded.

The officer, Hoyt Stepp, was defending himself against two dogs when he struck Dojie, a river rescue dog who was running loose when the Washington County animal control officer encountered her.

After an investigation by Hillsboro police, the district attorney’s office said there was not enough evidence to pursue animal cruelty charges against the officer.

Protesters gathered outside a news conference yesterday, where the decision not to prosecute the officer was explained, KOIN reported.

“I am convinced that the responding officer followed a reasonable course of action,” said Deborah Wood of Washington County Animal Control.

Animal Services Field Supervisor Randall Covey said the officer followed his training: “…He created a barrier between himself and the dogs, backing up, yelling at the dogs to go home. That did not deter the dogs. Officer Stepp got to the point the dogs were right on him in full, aggressive attack, and at that point Officer Stepp struck Dojie one time to avoid being bitten.”

dojieafter“We are sincerely sorry for the injuries to Dojie but we ask a fair amount of responsibility to lie with Mr. Starr because he did not have his fence locked and his dogs licensed,” Covey said.

Marlin Starr, Dojie’s owner, reported the incident to police after witnesses told him the officer struck his dog, who had escaped from his yard.

While authorities say the dog was struck once, Starr questions how one blow could cause a cracked skull, injured shoulder and complications that led to the loss of one of Dojie’s eyes.

“I am outraged for Dojie and I am outraged for every animal in Washington County. No animal is safe from Animal Control at this point,” Starr said.

Dojie is an experienced river rescue dog trained to help people who fall out of rafts, according to KATU.

She will no longer be able to do that job, Starr said.

Starr said witnesses told him his dog ran into his backyard, followed by an animal control officer, who pulled out a collapsible baton known as a bite stick, and hit Dojie.

The police investigation concluded that the case “did not contain the necessary elements of the crime of animal abuse.”

Kansas law student seeks justice for dogs

In a typical animal cruelty case — on those rare occasions they do get to court — you’ll see an attorney representing the people, and another representing a defendant.

But you don’t see one representing the dog.

Katie Barnett, for one, doesn’t think that’s right.

A third-year law student at Kansas University, she’s establishing an animal cruelty prosecution clinic at the school — one she says is the first of its kind.

Barnett, 30, will work with animal control, animal cruelty investigators at the Humane Society, police and prosecutors to ensure that justice is served in cases of animal abuse.

“This is the chance for me to give the animals a voice and a place in the justice system,” Barnett told the Lawrence Journal-World.

Barnett started researching how to put together the clinic two years ago, after some high-profile animal cruelty cases in Lawrence. She did ride-alongs with the police and animal cruelty investigators and followed cases through the court system.

This spring, Barnett will develop a protocol for how future students can assist in the prosecution of such cases.

“I’m doing a trial run to see how everything works,” she said. “I’m getting out all the kinks and really tailoring the position so everyone knows what to do. There’s never been a person to collect everything.”

The program will begin taking in students in the fall 2011.

Barnett was one of three law students awarded The Animal Legal Defense Fund’s (ALDF) Advancement of Animal Law Scholarships last year for their outstanding work in the growing field of animal law.

A graduate of Missouri State University, she has two pit bull mix dogs, including a three-legged rescue named Leonidas. Both are both Delta Society therapy dogs who visit schools, hospitals, and participate in community outreach programs.

Barnett and her husband, Anthony, also run Game Dog Guardian, a local organization that rehabilitates pit bulls and helps find them adoptive homes.

Pit bulls: Trials and tribulations

We can’t remember a week — at least not since 2007, when federal authorities raided 1915 Moonlight Road – that pit bulls have grabbed so many headlines … without even biting anyone.

Here in Baltimore, the week began with a pit bull parade, sponsored by B-More Dog and designed to improve the image and shatter the misconceptions about the breed — such as the one that they are innately inclined to inflict violence.

Those who ran into the pack of four-legged goodwill ambassadors at the Inner Harbor Sunday got a chance to see beyond the myths.

The very next day, a mistrial was declared in the case against twin brothers in Baltimore accused of setting a pit bull on fire in the summer of 2009. Phoenix, as the dog was dubbed, died five days later. The police investigation that followed, testimony at the trial indicated, was something less than thorough — likely, I think it’s safe to say, because the murder victim was a dog, and, in particular, a pit bull.

Jurors were unable to reach a decision, and a new trial is a possibility, but as of now, it appears the fatal burning of Phoenix will go unpunished. Despite that, she leaves a legacy.

“We waited almost two years for justice for Phoenix and though justice was not met for her, she became the change agent and public figure for animal abuse,” said Jennifer Brause, executive director of Baltimore Animal Rescue & Care Shelter (BARCS). “Thousands of people offered their support on her behalf. Because of her, a Mayor’s Commission on Animal Abuse has been formed and the seriousness of animal abuse has been elevated to a national level.”

No dog, I will go out on a limb and educatedly guess, is more often the victim of abuse and neglect than the pit bull type — just as they are the most often maligned. Society, rather than simply label them as aggressive, and ban and muzzle them,  needs to come to terms with the fact that, in those instances when they are violent, our fellow humans are responsible for it, training them to fight, attempting to breed for viciousness, and trying to turn their natural born tenacity into something mean and macho.

Which brings us, once again, to Bad Newz Kennels.

Down in Dallas, the adoptive parent of one of Michael Vick’s dogs confronted the Philadelphia Eagles quarterback and offered him an opportunity to meet Mel, a shy and fearful pit bull who was apparently used as a bait dog at Vick’s Bad Newz Kennels.

The convicted dogfighting ring operator — in Dallas to receive the key to the city — declined, and his entourage shoved Mel’s new owner, local radio personality Richard Hunter, who captured the whole episode on his shaky camera, out of the way.

A few days after that, reports surfaced that Vick’s former estate on Moonlight Road, the Surry, Virginia, headquarters of Bad Newz Kennels, which has sat empty for three years, may be getting a new owner — Dog Deserves Better, a Pennsylvania-based dog rescue and advocacy group.

They hope to turn the former Vick mansion — where 51 dogs were seized by authorities and eight more were found dead and buried on the grounds — into a training and rehabilitation center for rescued dogs.

As usual, bringing up Michael Vick brings on lots of comments, on this blog and others, from his supporters — those who say “give it a rest,” those who say “he served his time,” those who say he’s a different person now who should be permitted to move beyond his besmirched reputation.

Be that as it may, I’m wondering when pit bulls — given they are regularly accused and punished without any trials, given that any violence they display has been instilled into them by humans, given that their bad reputation is mostly undeserved – will be afforded that same opportunity.

As a breed, they’ve done their time.

(Photo by Tim Quinn)

A cat named Mittens, a dog named Phoenix

As the case against two brothers accused of setting a pit bull named Phoenix on fire unfolds in a Baltimore courtroom, a cat named Mittens is nursing both her kittens and the wounds she received after being set on fire in the city.

It may not be raining abused cats and dogs, but this — one case entering the public consciousness before the other has a chance to clear it — is how a reputation gets made. And if Baltimore doesn’t do something — something big, something quick — it stands in danger of becoming known not as the city that reads, or even the city that bleeds, but the city that torches, and tortures, its pets.

Whether it deserves that label more than other cities is arguable. It’s also not the point. The point is the torture of animals is a big flashing neon sign, reading ”Address This Issue.” It’s a highly visible symptom of an illness in society that, even though it has been diagnosed, is largely being ignored.

Baltimore has no monopoly on animal torture — and it’s not the only city that’s failing to fully address it. In cities across the country there are pockets of misguided youths who have either failed to develop any compassion, may never have been taught any, or have had it snuffed out of them.

Attacking the problem is something that should be done not just for reasons of image, but, much more importantly, because it has been well documented that children who take pleasure in torturing pets often grow up to inflict harm on fellow humans. Pick a serial killer and you can, almost always, find animal abuse in his past.

If how a society treats its animals is a barometer of how civilized it is, Baltimore needs a massive injection of civility — stat — some large doses of empathy and compassion, best administered during childhood.

The saddest irony of it all is that animals are one of the best ways to administer that, to teach children a respect for all living things. Instead, dogs and cats, who we have so much to learn from about life, love and happiness, time and again in Baltimore are serving as the victims for those seeking sick thrills or acting out their inner hostilities.

Mittens, according to officials at Baltimore Animal Rescue & Care Shelter (BARCS), was placed into a milk crate by a juvenile who doused both the cat and the crate with lighter fluid, struck a match and threw it into the crate.

In flames, the cat broke free from the milk crate and ran from the yard, running in circles until the fire was extinguished, BARCS said. She then returned to the kittens she had recently given birth to at a home on Saint Ambrose Street. (St. Ambrose, for some more irony, is considered the patron saint of domestic animals.)

That incident came to light after the first day of testimony in the trial against teenage brothers Travers and Tremayne Johnson, who are accused of dousing Phoenix, a pit bull, with accelerant and setting her on fire on May 27, 2009.

On Friday, Baltimore city police detective Syreeta Teel tearfully described finding the pit bull on fire on a West Baltimore street and running from her squad car to smother the flames with a sweater.

Despite her quick and heartfelt response, one thing that’s becoming evident during the trial is that the police department doesn’t take torturing and killing animals as seriously as some other crimes.

Teel, according to testimony, left the sweater, which might have provided traces of accelerant, on the sidewalk. The scene was never secured, and the police crime lab was never called. “The Baltimore City Police Department completely botched this,” said Assistant Public Defender Karyn Meriwether, who represents one of the brothers.

The death of Phoenix drew national attention, leading to thousands of dollars in donations to a reward fund and the creation of a city-wide Anti-Animal Abuse Task Force, which issued a report last year that found numerous flaws in the city’s response — particularly that of law enforcement — to incidents of animal abuse.

According to a Baltimore Sun report, the prosecution’s evidence is limited in the Phoenix case, and relies largely on unclear surveillance video and the word of witnesses — including a woman who the defense says came forward once the reward topped $25,000.

Phoenix was burned over more than 95 percent of her body. Veterinarians would later find that her corneas had melted, and the inside of her mouth was scorched. She’d lost her footpads to the flames, but she kept fighting until, with her kidneys failing, she was put to sleep five days later.

“On a scale of one to 10,” her pain level was “10,” said a Pennsylvania veterinarian who treated her. Phoenix also had puncture wounds on her neck and leg, indicating she might have been in dog fights, but throughout her treatment she showed no aggression.

The Johnson brothers both were initially charged in juvenile court, but were later indicted as adults on the animal cruelty charges, which carry a maximum prison sentence of three years. Testimony is expected to continue this morning.

Animal advocates in Baltimore are watching the case closely, and hoping that, if found guilty, the twins receive the most severe punishment posible.

But as the weekend’s developments show, as Mittens reminds us, a strict sentence is not the entire solution. It’s reactive, and while it may send a needed message, the city needs to do more, in a proactive way. Investigating, arresting, prosecuting and imprisoning animal abusers all need to be done, and done properly, and taken seriously, but what’s even more vital is preventing it from happening in the first place.

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Our favorite reader comment: ”Kindness and concern for animals is going to have to be taught in elementary school. It’s the only way to stop this problem in its tracks.”

Baltimoregal

To see all the comments on this post, click here.

More motions ruled on in Phoenix case

Baltimore City Circuit Court Judge Lawrence P. Fletcher-Hill has ruled in favor of the prosecution on several important pre-trial motions in the case of Travers and Tremaine Johnson, twins charged with animal cruelty in the death of a pit bull who came to be known as Phoenix.

The judge ruled that a woman who identified the brothers to police can testify. In addition, he ruled that prosecutors may use a statement by Travers Johnson to police, as well as a city surveillance video.

The trial continues today, with more pretrial motions and jury selection, the Baltimore Sun reported.

The brothers are accused of putting gasoline on a pit bull puppy in May 2009, then setting her on fire. Burned over 95 percent of her body, the dog had to be euthanized days later when her organs failed.

Pup-tossing girl won’t be prosecuted

The Bosnian girl seen in a video throwing puppies into a river, and laughing while she did it, will not face any charges, the New York Daily News reports.

The News, citing as sources members of PETA in Europe, said police have dropped the case because the girl — whose identity hasn’t been released — is too young to be prosecuted.

While it was reported that allof the puppies were rescued down river by an old woman who found them along the shore, animal rights activists said they doubted that story was true.

“This is outrageous,” a PETA spokeswoman, Nadja Kutscher, told a German newspaper. “The puppies that the old woman was with were completely different ones to those thrown into the river in the video. The puppies would never have survived.

Bear-Bear decision still a week away

Prosecutors say they are still at least a week away from deciding whether charges will be filed against the federal officer who shot and killed a Siberian Husky he thought was acting too roughly with his dog at a Maryland dog park.

The officer, though authorities have withheld his name, has been identified as Keith Elgin Shepherd, employed by the Army at Joint Base Myer-Henderson Hall in Northern Virginia.

Anne Arundel County prosecutors told the Baltimore Sun yesterday that it may take another week for them to finish their investigation. The investigation was prompted by a public outcry after authorities originally said no charges would be filed.

Public interest in the case remains high. About 20 people demonstrated yesterday outside the Anne Arundel County courthouse in Annapolis, supporting of the owners of Bear-Bear, fatally shot Aug. 2 in a private dog park in the Quail Run community in Severn.

Police say the shooter thought Bear-Bear, who was unleashed, was getting too rough with his German shepherd, who was leashed. 

Police have refused to identify the shooter, and his name was blacked out on police reports supplied to the news media. But a report without redactions obtained by the Sun identifies him as Shepherd.

Prosecutors said last week that key issues focused on whether the shooter was legally allowed to carry a personal handgun off-post, and whether he broke the law in shooting the husky or was acting to defend his dog, self and wife.

100 dogs dumped; no prosecution planned

Authorities have no plans to pursue charges against a Mississippi animal control officer suspected of shooting dogs and dumping their carcasses — more than 100 of them — into a creek.

A Madison County grand jury recommended Alzonzo Esco, who worked for the city of Canton, be tried on misdemeanor animal cruelty and illegal dumping charges.

District Attorney Michael Guest, however, said an arrest warrant couldn’t be issued until signed statements from police investigators were turned in.

And that’s not likely to happen. Canton Police Chief Vickie McNeill said she will not authorize her investigator to file the paperwork because he did not actually see Esco commit any crimes, the Madison County Herald reported.

“There are standards regarding a felony, and there are standards regarding a misdemeanor,” McNeill said. “By the standards of a misdemeanor, you must actually see the crime in action to file an affidavit. None of the officers saw any of the dogs having anything being done to them.

“At this point, I don’t see any further action being taken on it,” she said, but if somebody brings it to my attention that there is a way, I’m willing to listen.”

Esco, who worked as an animal control officer in Canton for three years, was fired by the Board of Aldermen on McNeill’s recommendation.

Fire official on trial in fatal beating of dog

 

Testimony is underway in the trial of a former Los Angeles County assistant fire chief accused of beating a neighbor’s dog in Riverside so badly it had to be euthanized.

Glynn Johnson, 55, is charged with felony animal cruelty and use of a deadly weapon in the beating death of Karley, a six-month-old female shepherd mix.

Prosecutors say the dog’s brutal beating was the culmination of a long-standing feud between neighbors, KTLA in Los Angeles reported.

During opening statements Tuesday, prosecutors said Johnson put dog feces in his neighbors’ mailbox with a letter warning them to keep their dogs off his property. The defense argued that the dog’s owners, Jeff and Shelley Toole, are the “neighbors from hell” who routinely take in stray animals and then don’t take care of them. Johnson’s attorneys say the fire chief was defending himself from the puppy.

Neighbor Travis Staggs took the stand Tuesday, testifying that he watched as Johnson punched the dog 10 to 15 times in the head with his fist before using a large rock to bash Karley’s head another 10 to 15 times.

Staggs says he kept shouting for the fire chief to stop, and tried to pull him off the dog, but that Johnson pushed him away.

PETA urges prison time in elevator cases

PETA is asking the New York  District Attorney’s office to “vigorously prosecute” Chris Grant and Tiara Davis — two residents of a city housing project that police say were caught on elevator surveillance videos abusing dogs.

“The viciousness shown in the abuse of these animals must not go unpunished,” said PETA Director Martin Mersereau. “New York residents have reason to be concerned. According to leading mental health professionals and law enforcement agencies, perpetrators of violent acts against animals are often repeat offenders who pose a serious threat to all animals, including humans.”

Grant and Davis face charges of cruelty to animals stemming from separate incidents in which they were allegedly each caught on surveillance video repeatedly kicking and violently yanking their small dogs at the Grant Housing Development in Upper Manhattan.

Grant is accused of abusing Chuvi-Duvi, a 12-pound Pomeranian-Chihuahua mix belonging to his girlfriend; Davis is charged with jerking and beating Sparky, her 9-pound Pomeranian, until it lost consciousness.

PETA is asking that the defendants, if convicted, be sentenced to periods of incarceration, prohibited from owning or harboring animals, and ordered to undergo thorough psychological evaluations followed by mandatory counseling.