Saturday, July 16, 2011

Plea agreement for dog owner falls through

ROSEVILLE, MI -- A plea agreement for a man charged with probation violation after his dogs allegedly dug a hole under a fence and mauled to death a next door neighbor’s blind, 11-pound dog was rejected by a judge because the dead dog’s owner failed to appear in court Thursday morning.

Nick, on the left, was killed by
Morin's dogs. Lulu, on the right,
was killed by Morin's pit bull a
year earlier.

Roseville District Judge Marco Santia refused to accept the agreement worked out for Louis Gerard Morin by his attorney, Dean Ausilio, and city attorney Tim Tomlinson.

Jule Kadelak, owner of the dog that died over a month ago, was irate when asked by a reporter why she didn’t show up in court. Kadelak said she didn’t know about it and never received any court papers or a subpoena from the police department.

“If I would have known this case was in court today I would have been there,” Kadelak said. “I want to see the book thrown at him for what he allowed to happen to my dog.”

Ausilio and Roseville Animal Control Officer David Sites said the court date was mentioned several times in the news media.

Ausilio said Morin agreed to plead no contest to probation violation. In exchange, he would get no jail, no fines or court costs, extending his non-reporting probation for 12 months and that he cannot bring a dog into his house during probation.

Ausilio told Santia both of Morin’s dogs — a Rottweiler and a pit bull — were euthanized less than a week after the attack. He said he was surprised Kadelak did not appear in court.

Santia said he will not hear the matter until Kadelak appears in court and agrees to any plea deal. The judge said Kadelak agreed the last time Morin appeared in court that he wouldn’t get jail time and later told news reporters that she was upset that the judge did not take aggressive action.

Morin told a reporter his dogs never dug the hole under the wooden fence and entered the yard. He said Kadelak always knew he had dogs and didn’t like him for it.

The pit bull owner basically says it's the victim's
fault b/c there were holes underneath her fence and
belives it was someone else's dog that killed
her pet.

“My dogs never got into her yard and killed her dogs,” Morin said. “It could have been an animal. But it wasn’t my dogs.”

Morin said his dogs were kind and gentle, and always played with young children.

His defense is that he 'always' used this padlock
to keep his Rottweiler and Pit Bull contained

(Daily Tribune - July 15, 2011)

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