A Bluefield municipal court judge had ordered the euthanasia of Major, a pit bull owned by Estella Mae Robinson after the dog bit both hands of Bluefield’s (then) Animal Control Officer Randall Thompson, who has since retired from the city.
Thompson, who had gone to the residence to catch a pit bull pup that was loose, was hospitalized for treatment for his injuries.
Robinson pleaded guilty in April 2013 to the charge of harboring a vicious dog and was sentenced to 10 days in jail.
The court suspended the sentence, and when Robinson paid the fine, the court ordered a 30 day stay of the euthanasia while Robinson searched for an expert to determine if Major was a candidate for rehabilitation.
Without filing a report on the rehabilitation issue, Robinson appealed the case to Mercer County Circuit Court Judge William Sadler, who upheld the municipal court’s ruling. However, Robinson’s attorney Gerald Linkous appealed the Circuit Court’s ruling to the State Supreme Court of Appeals on the grounds that the municipal court didn’t have the authority to have the dog put to sleep.
Linkous argued that only magistrates and circuit court judges could order that.
The appellate court agreed to hear arguments in the case on Sept. 16, 2014, and issued a 3-2 split decision early in October, finding for the appellant Robinson. The dog was released to Robinson.
“About a month ago, we got a complaint from a mailman who was delivering mail on Wayne Street and said he had been chased by a pit bull,” Bluefield Police Chief D.M. Dillow said. “The mailman said a female was chasing the dog, calling out: ‘Major no ... Major no.’ We had a photo of Major as well as other pit bull dogs. We showed a photo line-up to the mailman, and he picked out the dog we knew as Major.”
Dillow said that he learned that Robinson’s mother lived on Wayne Street, and on Thursday afternoon, he along with some other officers and the city’s code enforcement officer went to the residence to look for the dog.
“She was not at the residence, but had been living behind the home where she had a small kennel,” Dillow said. “Major was not in the kennel, but we learned that he was being kept in the basement. We went in, got in and took him to the Mercer County Animal Shelter.”
Dillow said that officers were prepared to charge Robinson again for keeping a dog that had been deemed vicious by the court, but Robinson signed a euthanasia order and the order was carried out by a veterinarian.
“We did not charge her,” Dillow said. “We felt that what she did was the right thing to do to protect the public.”
Let me guess... she has gone right out and gotten another dog. Why not charge her so that it's ON RECORD for when this happens with another dog of hers?!
Brian Cochran, Bluefield city attorney, said that Robinson had pleaded guilty to having a vicious animal. He said the State Supreme Court only took up the issue as to whether or not the municipal court had the power to order euthanasia.
“Her conviction was not overturned, but I think the police department acted within their discretion not to charge her again after she agreed to have her dog put to sleep,” Cochran said.
(Bluefield Daily Telegraph - May 2, 2015)
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