Showing posts with label bad judge. Show all posts
Showing posts with label bad judge. Show all posts

Friday, April 6, 2018

(February 2018) In Florida, you can slowly starve a dog to death and Volusia County Judge Bryan Feigenbaum will only make you spend about a month in the county jail

DAYTONA BEACH, FLORIDA -- An Edgewater woman was sentenced to 120 days in the county jail Wednesday after police said she starved her pit bull, which eventually died despite efforts by rescuers to try and save the dog’s life.

Sarah Wells, 37, had originally been charged with FELONY ANIMAL CRUELTY in which she faced up to FIVE YEARS IN PRISON if convicted.


Instead, lazy prosecutors and Volusia County Judge Bryan Feigenbaum let her plead "no contest" to the less serious charge of MISDEMEANOR ANIMAL CRUELTY -- essentially the same level of crime as driving without insurance, shoplifting, vandalism and driving without a license. The crime of slowly starving this poor dog to death, in the eyes of the law, is equal to someone stealing a DVD from Walmart.

Volusia County Judge Bryan Feigenbaum adjudicated Wells guilty and sentenced her to 120 days in the county jail followed by 12 months of unsupervised probation based on the plea agreement.

Wells is barred from owning any animals while on probation. But as soon as her one-year probation ends, she is free to get new animals and starve them to death.

So she doesn't get sentenced to state prison, she is only sent to the county jail -- which is much easier and more lenient than a state prison. With jail overcrowding, most inmates are only required to serve 1/3 of their sentence - so this really means she's only been sentenced to 40 days, about a month for the crime of slowly starving her dog to death. 


 
 

Animal abusers will only be deterred from abusing and killing animals when the punishment fits the crime. Also, if you look at Wells' criminal history, you'll see one arrest after another for domestic violence/battery. In fact, she was arrested for bettery AFTER she had been arrested for animal cruelty!!! 

Seems no one in Volusia County cares that she is 100% guaranteed to continue to abuse animals and humans without fear of punishment.


SHAMEFUL:
Volusia County Judge Bryan Feigenbaum is an embarrassment

The case started when police were called Dec. 20 to the Edgewater Animal Shelter, 605 Mango Tree Drive, where they were told that a woman had surrendered a sickly dog the previous day, according to an arrest report.

The woman, later identified as Wells, claimed to shelter staff that the Pit Bull was a stray that had simply walked onto her property, a report stated. But animal shelter staffers were skeptical because the dog was so malnourished that it even wasn’t able to stand up on its own, police said.


Wells subsequently admitted to lying to animal shelter workers, police said. She said the dog named Wiggins had belonged to her and to a man who had lived at the house.

Shelter workers took the dog to Newman Veterinary Center where staff worked to try to save its life. Animal shelter employees renamed the dog Adonis and mounted a social media campaign to help pay for the dog’s care. However, the dog's vital organs had shut down due to the extreme starvation and, despite their best efforts, he died.

“Our sweet Adonis took a serious turn for the worse this afternoon,” the Edgewater Animal Shelter wrote in a Facebook post on Feb. 15. “He passed away surrounded by people that loved him. His body just gave up, he could not overcome the starvation and neglect he suffered.”

 
 

ARREST HISTORY FOR SARAH WELLS:

ARREST DATE: MARCH 26, 2011
Full Name: Sarah Marie Wells
Date:03/26/2011
Arresting Agency: SDPD - SOUTH DAYTONA POLICE DEPARTMENT
Arrest Age:30
Current Age: 36
Gender: Female
Race: White
Birthdate: 11/21/1980
Block: 500 Reed Canal Rd
City: South Daytona, Florida 32119
Charges
#1 BATTERY (DV = DOMESTIC VIOLENCE)


ARREST DATE: NOVEMBER 14, 2011
Full Name: Sarah Marie Wells
Date:11/14/2011
Arresting Agency: EWPD - EDGEWATER POLICE
Arrest Age:30
Current Age: 36
Gender: Female
Race: White
Birthdate: 11/21/1980
Charges
#1 DOMESTIC BATTERY

ARREST DATE: JANUARY 9, 2013
Full Name: Sarah M Wells
Date:01/09/2013
Time: 1:59 AM
Arresting Agency: EWPD - EDGEWATER POLICE
Total Bond: $1500
Arrest Age:32
Current Age: 36
Gender: Female
Race: White
Birthdate: 11/21/1980
Block: Sandhill Rd
City: Ballybunnion, Kerry
Charges
#1 BATTERY CAUSE BODILY HARM
STATUTE: 784.03(1)(a)2
BOND: $1500


ARREST DATE: DECEMBER 21, 2017
Full Name: Sarah M Wells
Date:12/21/2017
Time: 3:35 PM
Arresting Agency: EWPD - EDGEWATER POLICE
Total Bond: $5000
Arrest Age:37
Gender: Female
Race: White
Birthdate: 11/21/1980
Block: 300 Berry St
City: San Francisco, California 94158
Charges
#1 FELONY CRUELTY TO ANIMALS
STATUTE: 828.12(2)(a)
BOND: $5000

ARREST DATE: JANUARY 12, 2018
Full Name: Sarah M Wells
Date:01/12/2018
Time: 12:00 PM
Arresting Agency: VCSO - VOLUSIA COUNTY SHERIFF'S OFFICE
Total Bond: $5000
Arrest Age:37
Gender: Female
Race: White
Birthdate: 11/21/1980
Block: 300 Berry St
City: San Francisco, California 94158
Charges
#1 BATTERY
STATUTE: 784.03(1)(a)
BOND: $5000



IF YOU LIVE IN THIS AREA, CALL JUDGE FEIGENBAUM'S OFFICE AND LET THEM KNOW HOW YOU FEEL ABOUT THIS SENTENCE:

Judge Bryan A. Feigenbaum
Division 80
125 E. Orange Avenue
Daytona Beach, FL  32114
Phone (386) 257-6074
Fax (386) 248-8136

Volusia County Court Judge Bryan A. Feigenbaum was appointed to the bench in 2010. Before becoming a judge, he was an assistant state attorney for the Office of the State Attorney, Seventh Judicial Circuit. Judge Feigenbaum earned an undergraduate degree from Davidson College and juris doctor from the University of Florida. He currently hears criminal cases and presides over Veterans Court at the Volusia County Courthouse Annex at City Island in Daytona Beach.


(News Journal Online - Feb 22, 2018)

Friday, March 23, 2018

Rhode Island: Animal cruelty suspect Michael Williams was already on probation for animal cruelty

SMITHFIELD, RHODE ISLAND -- One of two men charged with keeping more than two dozen dogs in squalid conditions at a Smithfield home faced a judge Thursday.

Michael Williams (aka Mike Williams, Omar Williams), 34, was arraigned on 25 counts of animal cruelty but the judge said the lead charge against him was growing marijuana with an expired permit.



He was ordered held without bail for violating the terms of his probation, which stemmed from a similar arrest last year.

Investigators on Tuesday removed 25 dogs, mainly English Bulldogs and French Bulldogs, from Williams' home at 189 Pleasant View Avenue.

The Rhode Island Society for the Prevention of Cruelty to Animals (RISPCA) said it was alerted to the situation by a delivery person. Smithfield police said there was a strong smell of feces and urine upon entering the home.

In addition, dozens of rare snakes and more than 300 rats were discovered in the basement of a shed on the property.

 
 

 

Williams was arrested last year on 11 counts of animal cruelty - about 30 dogs were seized at the time - but for some reason the prosecutor's office didn't bother to include "not to own animals" as part of his plea agreement so he wasn't barred from having animals.

And apparently they actually returned some of the seized dogs that he's accused of abusing.

Officials said some of the dogs removed on Tuesday were among the ones seized last year when Williams was charged with Animal Cruelty for the first time.

Investigators believe Williams was breeding the animals to sell. The dogs are now recovering at the RISPCA and various municipal shelters.

 
 
 
 
 

"We got an update in court that one of the dogs that's in the care of another agency is being brought in for surgery this morning, so they did have some pretty significant health issues," RISPCA Special Agent Earl Newman said.

Williams has so far relinquished the rights to four pets, according to Newman.

The second man arrested, Michael Ramos (aka Noel Ramos, Mike Ramos, Michael Noel Ramos), 35, was charged with 25 counts of animal cruelty as well as one count of conspiracy.

As a first offender, he posted bail and was released the night of his arrest. He's due back in court April 3 for arraignment.

 
 
 

(WPRI - March 22, 2018)

Earlier:

Thursday, March 22, 2018

Illinois: Waukegan's city council doesn't care that citizens' pets are being mauled by vicious Pit Bulls

ILLINOIS -- No changes to Waukegan's animal control ordinance are on the horizon despite a review following an attack by two pit bulls that left a smaller dog with severe injuries.

That decision was disappointing to Hailey Schueneman, who has pushed for the city to tighten up its ordinance following a January attack on her grandparents' dog.

THIS IS GUS BEFORE THE PIT BULL ATTACK
THIS IS GUS AFTER THE PIT BULL ATTACK

The situation "feels so unjust," said Ald. Lisa May, 9th, whose ward includes the Schueneman's home and who also chairs the City Council's judiciary committee.

But after speaking to the city's attorney, the police chief and the sergeant who runs the animal control division, she said they reached the conclusion that the the code is sufficient.

May said she plans on setting up a meeting with Schueneman and the police chief to discuss the incident further, but at this point, she doesn't see what changes could have led to a different outcome in this case.


"Everyone feels horrible about what happened to Gus, the poor dog that got pulled from his yard," May said, referring to the Schuenemans' dog.

The incident occurred on Jan. 2 when Gus, who is owned by Greg and Jamie Schueneman, ran to the edge of their fenced yard on the city's north side, as a man who lived nearby walked past with two pit bulls on leashes.

The small dog was apparently pulled underneath the picket fence onto the sidewalk, where one of the big dogs started to maul the smaller dog, Jamie Schueneman told the News-Sun.


"My husband tried beating (the larger dog) in the head to release Gus, and my granddaughter screamed," she said. Her husband's hands were cut from trying to get the big dog to release Gus.

The dog was treated by a veterinarian in Grayslake, where he underwent surgery and was racking up medical bills of $12,000, according to a Gofundme page set up by the family.

The family has filed a civil lawsuit against the pit bulls' owner, Hailey Schueneman said.


CITY BLAMES VICTIM FOR $12,000 IN INJURIES
An investigation by the city found that the smaller dog "provoked" the Pit Bull before the attack by barking at it and running to the fence, according to police Sgt. Dennis Rosch.

The question of whether the pit bulls would be deemed dangerous came down to whether they were provoked by the smaller dog.


 

The city's ordinance is "very vague" in parts, said Hailey Schueneman, pointing in particular to a lack of definition for what constitutes provocation.

She said she doesn't think a dog in its own yard and with its owner present rushing to the fence should be considered provocation.

First of all, the owner is required to control their dog while leashed. The little dog was inside its own fence. Obviously the Pit Bull owner cannot control their mauler; otherwise this little dog would not have been grabbed and pulled underneath the fence.  These people are morons.



PIT BULL OWNER BLAMING VICTIM
She also disputes that the dog poked his head through the fence's slates, which she said contributed to the finding that the pit bulls were provoked.

Hailey Schueneman said after the meeting she would like the ordinance to also include more guidance about how animal control conducts its investigations, because she felt the investigation into the January attack, "was not conducted thoroughly" and relied just on the accounts of the two owners.

"I know why the dogs were found to be not dangerous, but I also feel like there has to be something more," she said.


(Chicago Tribune - March 7, 2018)

Earlier:

Friday, March 9, 2018

United Kingdom: Shad’a McQueen stabbed her dog several times, slit its throat then left it to slowly die in agony. The judge gave her probation

UNITED KINGDOM -- A woman who slit her dog’s throat after going on a booze binge has been banned from owning an animal again.

Shad’a McQueen attacked her pet bull dog on October 29 last year after a night out drinking with an ex-girlfriend, Croydon Magistrates Court heard this week.


The 33-year-old armed herself with a knife and set upon her pet dog at her home in South Norwood in south London, stabbing it several times in the body. The court heard how she then used the same knife to slash the dog’s throat.

She then called the police and when officers arrived, the female dog was found to be ‘close to death’ and was taken to a vet and put down.

GIVEN PROBATION FOR HORRIFIC CRIME
McQueen pleaded guilty to stabbing her dog and causing the pet unnecessary suffering and was handed a four-month jail term, suspended for 18 months. She was also ordered to do 60 hours of unpaid work and was banned from owning animals for an indefinite period.

Judge Susan Holden told McQueen that ‘no animal’ should have to ‘go through what your dog was put through’. She added: ‘This is a deeply distressing case. ‘It’s clear that your dog must have suffered unnecessarily.’

Despite the courts stating that she was banned from owning animals for "an indefinite period", they immediately told her she could go visit her other dog. That would be the one she didn't stab repeatedly and then slit its throat, leaving it lying there in agony, slowly dying. 

When sentenced at Croydon Magistrates’ Court, the 33-year-old found out she may one day be able to own a dog again.

She walked free from court and was told she will be able to visit her other, shared pet dog - if accompanied - who she owns along with an ex-girlfriend.

This is how this ridiculous woman dresses for court.

(Metro UK - March 9, 2018)

Saturday, February 10, 2018

Florida: Judge said exigent circumstances didn't exist when police seized abused Pit Bulls suspected of being used in dog fights; orders dogs returned to suspected abusers

DAYTONA BEACH, FLORIDA — Nearly two dozen pit bulls seized last year by Daytona Beach police on suspicion they were being used for fighting were returned to their owners after a judge determined the animals were confiscated without a warrant.

County Judge Angela Dempsey threw out the city’s petition to take custody of the animals after the court determined police violated Noble Geathers’ Fourth Amendment rights when they illegally searched his property at 225 Reva Street on Nov. 2 and unlawfully confiscated 23 dogs.


The raid on the house and the confiscation of the dogs have not been made public by police. Callers from the community to The Daytona Beach News-Journal this month expressed concern that several dogs treated at the Halifax Humane Society had been returned to their owners.

A News-Journal public records request to the Daytona Beach Police Department on Wednesday about the seizure of the dogs was responded to with two reports, one about animal abuse and the other about a stolen car. The names of the suspects and the details of what happened were completely blacked out on the provided reports.

“This is still under investigation, but as soon as it’s ready we will release,” Lyda Longa, police spokeswoman, said in an email. “This is a sensitive investigation ... it can’t be jeopardized.”


But Volusia County court records reveal the details of the case including a Humane Society veterinarian’s report and photos, and Dempsey’s ruling that police should have had a warrant when they entered the property.

Police Chief Craig Capri said on Thursday that although the judge gave back the dogs, the case is still open and investigators are working on filing criminal charges on Geathers, 50.

Because it is an active criminal investigation, Capri contends his agency does not have to release the narrative in the reports.

He said his officers did the right thing that day — and didn’t need a warrant.

“Dog fighting is inhumane and is a very serious offense,” Chief Capri said. “We owed it to the dogs to seize them and protect them from the owner who is irresponsible.

“I’d do it again in a heartbeat,” Chief Capri added.

Looking for a stolen car

Detailed court documents, complete with photos, show police went to the Reva Street home to recover a stolen car on Nov. 2.

When officers got to the home and entered the fenced backyard, they saw numerous dogs, some in kennels, that appeared neglected.

Even a breeding device, which the veterinarian’s report referred to as a “rape stand,” was found in the backyard, a police report states.


Police made contact with Geathers, who said he was the owner of the 23 dogs, court documents show. Geathers told police he had been breeding the animals.

Geathers’ wife, Tiera Geathers, 33, arrived at the home shortly after and she also said the dogs belonged to them, investigators said.

Noble and Tiera Geathers could not be reached this week, and a man who answered the door Thursday at 225 Reva said the couple no longer lives there.

Thanks to the judge not believing that exigent circumstances existed to seize the dog, NOBLE GEATHERS and TIERA GEATHERS are not facing charges in either the case about the abused dogs or the stolen car.

In the November incident, animal control officers were called to the home after 23 American Staffordshire terriers (aka pit bulls), 15 of which were adult dogs, were found in the backyard, documents state.

A 4-month-old puppy and seven newborn pups were found, and another six adult dogs and a 1-month-old puppy were in heavy chains, police said.

Eight other dogs — seven puppies and their mother — were held in cages, the floors covered with feces. None of the dogs had food. All but two of the dogs that were chained did not have water. And two had water that was filled with debris and dirt, investigators said.

Besides tight collars that had made abrasions on the dogs’ necks, some of the dogs had puncture scars focused on their faces, necks and forelimbs, “despite being housed separately.” The animals also had untreated open wounds and some of them were malnourished, court documents state.


Investigators also found paraphernalia on the property that is consistent in the use of breeding and dog fighting, court records state.

A large weight scale, empty cans of Scarlex wound dressing spray, an empty syringe and heavy chains with O rings were located. Those items and the rape stand for forced and controlled breeding are signs of dog fighting, police said.

Treated at the shelter

Daytona Beach Animal Control Officers removed the 23 dogs from the home and placed them in the care of the Halifax Humane Society, records show.

City officials on Nov. 13 filed in court to keep custody of the dogs seized from the Geatherses after the veterinarian’s determination the dogs’ wounds and scars were “consistent with dogs that have been fought.”

Ormond Beach animal advocate Katie Williams contacted The News-Journal after learning the dogs had been returned to their owners.


“It’s just crazy,” said Katie Williams, of Ormond Beach, who said she visits shelters and rescues dogs to adopt out on her own.

Williams said she heard about the dogs at a Christmas party and said it made her emotional when she learned they were back with the owners.

“There needs to be some protocol. The Humane Society should work on finding a way to prevent them from sending back these dogs to the hell they came from,” Williams said. “There needs to be better legislation to protect these defenseless animals.”

Barry Kukes, Halifax Humane Society spokesman, would only confirm that his organization cared for the dogs and said they were complying with a judge’s order when the canines were returned to the owners.

Dempsey threw out the city’s case after a hearing, stating that police violated the Geatherses’ Fourth Amendment U.S. constitutional rights against unreasonable searches and seizures, and he gave the couple back its dogs.

According to the Dec. 18 court order dismissing the case, the confiscation of the dogs was illegal and “all evidence derived therefrom is the fruit of the poisonous tree and cannot be used against (the Geatherses).”

The judge in her order stated that police officers entered the fenced property with the intent to search and made no attempt to knock on the door, nor did they attempt to get a search warrant.


Even after police removed the stolen vehicle and saw the dogs, no effort was made by police to get a warrant. There was no testimony that there were concerning smells or dogs in distress. Police body-cam video showed that the area was quiet and the dogs were mostly friendly and energetic when approached, the court order states.

Dempsey’s order states the Geatherses had a legitimate expectation of privacy given that they had a fenced backyard, which was invaded.

POLICE CHIEF SAYS EXIGENT CIRCUMSTANCES EXISTED

Capri disagrees. The chief said all the evidence on the scene indicated the dogs were used for fighting. Capri said the officers went to the Reva Street home to get a stolen car they had seen in the yard and discovered the dogs in horrible conditions.


“I didn’t need a warrant to seize the dogs. We had animals that needed medical attention,” Capri said. “There were dogs that had signs of dog fighting. Some of them were all scarred. Others were bleeding and had open wounds and not well cared for.”

Capri said his officers did their jobs and still believes the animals were used for dog fighting but that they have to abide by the judge’s ruling. Noble Geathers has a lengthy arrest record that includes at least one drug conviction, state records show.

“We did the right thing. We did our best to protect those dogs by removing them and putting them in protective custody,” Capri said. “All the evidence, the paraphernalia, found at the property showed there was dog fighting going on there.”


Name: Noble Geathers
Race: Black
Sex: Male
Date of Birth: 04/29/1967
Arrest date: 04/17/2011
Booking Number: 846365
Location: Volusia County, Florida
Charges:
DRIVING W/LICENSE CANCELED SUSPENDED/REVOKED
DRIVING WITHOUT A DRIVER'S LICENSE

Name: Noble Geathers
Race: Black
Sex: Male
Date of Birth: 04/29/1967
Arrest date: 07/19/2014
Charges:
AGGRAVATED ASSAULT (FIREARM)
POSSESSION OF CANNABIS NOT MORE THAN 20 GRAMS

His son, Noble Geathers, won $500,000 on a scratch-off lottery ticket in March 2013. It was an opportunity for a better life. Instead, it appears he squandered it as he has arrests on his record less than 3 months later.

Noble Geathers has reason to smile. After all, it's not every day that a 19-year-old kid pockets half a million bucks. At least before taxes, any way.


The 2011 Daytona State College graduate claimed his $500,000 prize in the Gold Rush Tripler Scratch-Off game at Florida Lottery headquarters in Tallahassee earlier this week.

Geathers purchased his winning ticket at the Pearson Food Store, 517 Mary Mcleod Bethune Blvd., in Daytona Beach.

The $20 Scratch-Off game, Gold Rush Tripler, offers better odds of winning $30 to $500, compared to previous Gold Rush Tripler games, and the best odds ever to win $500,000, according to lottery officials.

Name: Noble Geathers
Race: Black
Sex: Male
Date of Birth: 10/25/1993
Arrest date: 07/03/2013
FLEEING OR ATTEMPTING TO ELUDE
DRIVING WITHOUT A DRIVER'S LICENSE

Name: Noble Geathers
Race: Black
Sex: Male
Date of Birth: 10/25/1993
Arrest date: 04/01/2015
FLEEING OR ATTEMPTING TO ELUDE

(Theintell.com - Feb. 2, 2018)

Thursday, January 25, 2018

Michigan: Prosecutor speechless after jurors declare owner of Pit Bull that nearly killed little girl NOT GUILTY

MICHIGAN -- Nearly a year after a 2-year-old Cass County girl was mauled by a pit bull, a six-person jury found the first suspect in the case not guilty; but he pleaded guilty for other charges.


“I’ll be very frank: I’ve done this for 35 years, and we’ll certainly respect the process and so forth, but this is the most befuddling decision that I’ve seen in 35 years from a jury,” said Cass County Prosecutor Victor Fitz.

His strong words came Thursday afternoon after a jury of four women and two men found Justin Smith not guilty of four counts.


Smith owned a pit bull named Kryptonite, who became the center of an awful dog attack that left a little girl with life-changing injuries.

Arial Harrison, then 2-years-old, and her brother Anthony were attacked by a neighbor’s pit bull while playing in a backyard in April 2017.

 
 

Days after the attack, Kryptonite was euthanized.

Arial received the worst injuries – losing both of her ears and most of her scalp.

Smith was charged with eleven 90-day misdemeanors after the attack.

 
 

He pleaded guilty to seven of them at the start of his trial: five counts of his dog running at large; one count of failure to vaccinate his dog; and one count for failing to have a dog license.

But the six-person jury found Smith not guilty of the remaining four charges: three counts of dog bite; and one count of interfering with enforcement.

 

Smith is set to be sentenced on February 26. But that will not be the end of this story.

Vashaun Morgan will stand trial on February 27 for his involvement in the case.

He faces 17 charges, all similar to Smith’s.

ABC57 reached out to Arial’s father on Thursday after the trial, but have not heard back.

ABC57 NEWS CLIP:


(ABC57 - January 25, 2018)

Earlier: