The Taos News reviewed cases involving 72 citations issued by sheriff’s officers for violations of the county’s animal control ordinances during 2013.
Thirty-one of those citations were dismissed by the county and three by magistrate court judges. Only eight of those 72 citations have so far led to their recipients entering pleas of no-contest. Cases involving at least 30 citations issued in 2013 are still pending before Taos County Magistrate Court.
The analysis followed the near-fatal mauling of a 12-year-old Ranchos de Taos boy Dec. 26 by two Rottweilers. Their owner, Carl Velarde, was cited months earlier when his dogs attacked another animal. The case was dismissed by a magistrate court judge when the animal control officer who issued the citations did not appear at a hearing. Velarde was issued two new citations after the Dec. 26 incident and has relinquished custody of the dogs following a court order that they be euthanized.
Records indicate repeat offenses are not uncommon, however.
On Dec. 27, 2012, El Prado resident Naomi Coutu was issued three citations for cruelty to animals. She was issued six more citations — three for animal care and maintenance and three for cruelty to animals — on Jan. 25, 2013.
Animal control officers alleged the chains used to restrain her dogs were beginning to grow into their bodies. The dogs were not being fed or cared for, according to the citations submitted to magistrate court along with a stack of color photographs depicting the conditions in which Coutu’s pets allegedly lived.
On Nov. 21, 2013, Coutu entered a plea of no contest to one charge of cruelty to animals and was issued a deferred sentence. The other citations were dismissed by the county.
In another case, dog owner Mark Lucero was cited in April after his dog allegedly bit another person. He entered a plea of no contest Sept. 4 and paid the maximum $100 fine in addition to $73 in court costs.
But Lucero was also issued two citations in July after his dogs were reported to be running at large and defecating on neighboring properties. He entered pleas of not guilty and the case was dismissed Sept. 20.
But only a few weeks earlier, on Sept. 3, animal control officers filed two more citations against Lucero for similar violations. That case remains open. A hearing is scheduled before Judge Ernest Ortega for Jan. 28.
Law enforcement, county officials and animal welfare advocates seemed to agree that too many such cases are falling through the cracks of local courts.
Violations of the county’s animal control ordinances are misdemeanors and animal owners have the option of either signing their citation, thereby entering a plea of guilty and agreeing to pay a fine, or refusing to sign the citation and demanding the right to appear in magistrate court. Most choose the latter.
Though county attorneys are sometimes involved, the responsibility for prosecuting these misdemeanors typically falls to animal control officers.
Meanwhile, judges face dockets of alleged misdemeanants entitled to a trial by jury.
“We are faced with the same problem over and over again. There are a lot of people that get cited but by the time the courts get to the citation, it’s three or four months down the road,” Undersheriff Edwardo Romero told The Taos News.
The combination of limited resources on the part of law enforcement and large caseloads in court prompt judges to take a lenient approach towards animal owners cited for ordinance violations, according to Romero.
“There’s a lot of times the property owners make an agreement with the court,” he said, referring to arrangements by which a defendant might install a fence or provide better care for their pets as a condition for a deferred sentence or dismissal.
“But that only lasts temporarily,” the undersheriff added. “There’s no teeth on this ordinance.”
Animal welfare advocates are crafting new codes. The county’s animal control advisory board will present updated ordinances to commissioners before the spring.
But enforcement will be key, according to local resident and Four Corners Animal League director Pennie Wardlow.
“If animal control officers issue citations and animal owners are allowed to be excused, word is out,” she stated in an email to The Taos News.
Enhanced enforcement efforts and stricter courts could also keep more animals in homes and out of already-bustling shelters, according to Taos Humane Society executive director Jan Gordon.
Current penalties and the rate at which citations are dismissed are “a slap on the wrist,” she suggested.
“Not only is it a slap on the wrist but it says to the general public that the animals are not worth it; you can do what you want and it will be OK.”
[Animal Control officers are told that they're law enforcement but clearly their job is not considered important. Nor are the animals considered worthy. I've seen people with traffic tickets get punished more than those who starved their pets.
"Your dog was running loose, has been complained on at least 3 times and on this date mauled this woman's dog to death right in front of her? How about a $10 fine... And don't let it happen again."
"You starved your dogs for months until Animal Control seized them from you? I'm putting you on unsupervised probation for 90 days. Don't pick up any new misdemeanor or felony charges in the next 90 days and I'll dismiss all the charges against you for animal cruelty."]
(Taos News - Jan 11, 2014)
No comments:
Post a Comment