Earlier this week, an attorney representing Dr. Beth Vesco-Mock sent a tort claim notice to Sheriff Enrique "Kiki" Vigil and county Clerk Lynn Ellis.
The letter, dated May 4, says in part that Vesco-Mock "will be filing a suit for the tortuous actions of Officer Curtis Childress and his supervisors at the Doña Ana County Sheriff's Department."
In March, Vesco-Mock was charged with violating a county ordinance after she allegedly refused to release a dog's microchip information to an animal control officer, according to criminal complaint filed March 5 by Childress, DASO's animal cruelty coordinator.
Vesco-Mock was also charged with resisting, evading or obstructing an officer, a misdemeanor that carries a sentence of up to 364 days in jail, according to Vesco-Mock's attorney, Margaret Strickland, who sent the tort notice to the county officials.
Violation of the county ordinance, also a misdemeanor, is punishable by up to 90 days in jail, Strickland said.
The tort notice did not outline specific compensation sought by Vesco-Mock, and Strickland did not immediately return calls. County officials, including a spokesperson for Vigil, declined to comment, citing the county's policy on pending litigation.
On March 20, Vesco-Mock pleaded not guilty to the misdemeanors. Since then, prosecutors have filed motions to continue two dates for jury selection, which were opposed by Strickland but ultimately granted. The most recent date for jury selection was scheduled for May 4.
According to court documents, the case against Vesco-Mock involves two dogs accused of attacking and killing several livestock on March 1 at a home in the 900 block of Harper Road. Court documents say the dogs "killed 3 chickens, one rooster, one turkey, 3 sheep and one adult sheep," and possibly other sheep.
In the court documents, the dogs were described as "a black in color lab" and "a brown and white in color pit bull cross type dog," which was outfitted with a microchip.
After the incident, the dogs were transported to the ASCMV. When a county animal control officer went to the center to obtain information from the dog's microchip, she was denied that information and was told to file a records request, the documents state.
According to Childress' complaint, he spoke with owner of the black lab on March 3. The owner told Childress that she went to the animal center on March 1 to reclaim her dog. At the same time, according to documents, she also inquired about adopting the other dog involved the livestock attack.
But the owner was told the dog had a microchip and that it would have to remain at the center until its owner was notified, the documents state.
According to the complaint, Childress said he tried to contact Vesco-Mock after learning about the county ordinance, which states, "The ASCMV shall maintain public records of the Pet License application and Pet Licenses issued and shall make such records immediately available to Law Enforcement, Animal Control Officers or Codes Enforcement Officer upon request."
In the complaint, Childress argues he needs the information on the dog's microchip to complete the investigation on the livestock attack and to "keep the dogs from being allowed to engage in the same activity if allowed to return home."
The tort claim did not say when Vesco-Mock would file the civil lawsuit against the county. As of Friday afternoon, no suit had been filed in state or federal court.
(Las Cruces Sun News - May 9, 2015)
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