Russell Files’ criminal case was dismissed Wednesday following a federal judge’s ruling that the U.S. District Court would hear it.
The move comes after a high ranking official with the agency told court officials that he authorized Files, 44, to trap the 2-year-old Australian cattle dog named Zoey, which landed him in jail on an animal cruelty charge.
El Mirage police arrested Files in January after they said he used a coyote trap to capture Zoey. A neighbor found the dog covered in blood after she tried to chew the trap off, losing 22 teeth in the process.
The incident shocked animal lovers around the Valley who rallied to help Zoey’s owners to pay their mounting vet bills. It also prompted the agency, which deals with wildlife threats to property and humans, to overhaul its policies on the handling of dogs.
District Supervisor Christopher Carrillo said in court documents filed earlier this year that Zoey was a danger to people and that the Files family contacted Maricopa County Animal Control for help “but they were unable to resolve the matter.” He said he and the agency’s state director authorized Files to trap the animal.
Carrillo warned officials shortly after Files’ arrest that a conviction would put other employees at risk of prosecution for simply doing their job, according to documents.
Files’ lawyer asked U.S. District Judge David G. Campbell for the transfer fom state to federal court because files was a federal officer performing his duties. Such a move is permissible when such an employee is charged in state court, but feels he might not get a fair shake under a state judge.
Campbell approved the request on Sept. 10.
 |
| The police report says, even when they were trying to free Zoey, she never growled or snapped at them. |
USDA spokeswoman Carol Bannerman declined to discuss the case or any role by agency officials following that ruling, saying that discussing a matter under litigation was “inappropriate” according to a USDA’s policy.
Britain Hartt, Zoey’s owner, acknowledged his dog has hopped the six foot wall surrounding his backyard in the past, but denied that she had ever posed a threat to people.
“She’s not aggressive at all,” he said.
He accused Files of setting the trap and baiting it to attract the dog due to bad blood between the two men from an earlier disagreement.
Steve Fairaizl, the former Arizona director of Wildlife Services, criticized the agency, saying in this case, they violated the law as well as their own policies.
Fairaizl has agreed to testify in court against Files.“A domestic dog, as long as they know who the owner is, constitutes personal property,” Fairaizl said. “It’s very questionable from my perspective whether or not that agency has the authority to take someone’s personal property without due process.”
“They knew from the beginning who owned this dog,” Fairaizl said. “The agency defines free roaming or feral dogs essentially as wild dogs. But in this case they knew right from the beginning who the owner of that dog was, and that makes it someone’s personal property.”
(Arizona Republic - Oct 3, 2013)
Earlier:
- U.S. wildlife agent accused of trapping a neighbor's dog
- El Mirage man held on cruelty charges
- Latest Twist in Animal Cruelty Case Against Wildlife Services Employee
- AZ judge dismisses cruelty case against Wildlife Services worker
Related:
No comments:
Post a Comment