FLORIDA -- A puppy named Ponce, who was brutally beaten and killed, now has a statue placed in the Ponce Inlet Happy Tails Dog Park to remember his life and other abused animals.
The statue was erected in the park on Thursday, Nov. 10., and is inscribed with the words, "In loving memory of Ponce April 8, 2017 and with great compassion for all animals who suffer abuse."
The 9-month-old Labrador retriever puppy was tortured and beaten to death in April 2017. Travis Archer was charged with a third-degree felony in the incident, which made national headlines.
Because of this incident, House Bill 473, filed on Friday, Oct. 27, is now making its way through the legislative process to possibly become law. The bill was given the name "Ponce's Law" and would enact harsher punishment for individuals who abuse animals.
The Justice for Ponce organization has received thousands of signatures on a petition to enforce harsher punishment for animal cruelty.
ALABAMA -- Pelicans are more common than boats on the bay around Pelican Point. The goofy looking bird is a favorite among many.
“They out here just trying to eat, just like we are trying to catch some fish to eat,” says angler Donald Burrell, Jr.
So, when a pelican was found dead in a place named after the bird, black electrical tape wrapped around its beak, more tape and rope wrapped around its feet and a wing, there was outrage and shock.
“Anybody that hurts old people, animals, children, wildlife, should be hung up by whatever,” says Kathleen Nazary visiting from Mississippi.
The death is being called torture by some. Fish and Wildlife agents are on the case looking for any information.
“Asking us have we seen anybody messing with the birds,” says Burrell who spoke to one of the officers.
“He reported that he found one with the beak and legs taped and a couple with broken wings and buckshot in a couple of 'em.”
Nature can be cruel often resulting in death. But this is different. There is nothing natural about this.
“I cannot imagine anybody’s mentality,” says Nazary. “They have to be sick.”
Alabama Fish and Wildlife agents are actively investigating this case. Anyone with any information is asked to call their local law enforcement agency or Fish and Game at 251-441-5787.
TEXAS -- A woman who was delivering mail Thursday morning in Gray County, Texas, came across a disturbing sight.
A post on Facebook has people infuriated after a dog was found with duct tape around its mouth and front paws.
According to the person who posted the photo of the dog, the animal was found Thursday morning off County Road 14 near Pampa. The woman who found the dog was able to free him.
The Gray County Sheriff's Office was also called regarding the disturbing incident, but by the time Deputies arrived, the dog was already gone.
GCSO did confirm they responded to the call but since the dog was gone by the time Deputies arrived, there is no information on a possible suspect. However, the GCSO is investigating this incident and asks anyone with any information to contact the GCSO (806)669-8022.
According to a comment on the post, the dog is being taken care of by a citizen.
COLORADO -- A 23-year-old man who duct-taped his dog’s mouth shut and left the animal in a car parked at the Durango Community Recreation Center has been charged with animal cruelty.
Both the 6th Judicial District Attorney’s Office and La Plata County Animal Protection declined to comment for this story.
According to a complaint and summons filed in La Plata County Combined Courts, Animal Protection was called about 6 p.m. July 18 to the 2700 block of Main Avenue for a report of a German Shepherd-type dog that was found in a vehicle with its mouth duct-taped shut.
Three days later, Animal Protection ticketed Thomas D. Ethridge with cruelty to animals, a Class I misdemeanor. He is scheduled to appear at 8:30 a.m. Aug. 23 in La Plata County Court.
Juliet Piccone, a Denver attorney who specializes in animal law, said Ethridge’s actions raise concerns on many levels. To start, the animal could have easily over-heated in the 89-degree day.
“He has the dog with its muzzle duct-taped shut, so the dog can’t pant,” said Piccone. “That car can become deadly within 10 to 15 minutes.”
Betty Dorr of Durango said her son and his friends walked by Ethridge’s car and alerted her of the situation. She immediately walked over to find Ethridge and his dog coming back from a walk on the Animas River Trail.
“We told him it was inappropriate, and he didn’t seem to be interested in our opinion of how he was treating his dog,” Dorr said. “Then we called 911.”
Dorr said Ethridge left before authorities arrived. However, she was able to take a picture of his car and license plate number, which Animal Protection tracked to Ethridge’s family in Florida.
Ethridge told The Durango Herald on Tuesday that he moved to Durango from Florida about a month ago, and since then, he and his 9-month-old male Belgian Malinois, Appa, have been living out of his car, struggling to find a job and housing.
That morning, Ethridge said Appa was vomiting random items he had eaten in the car, even chewing up the leash Ethridge used to keep Appa in an area of the car clear of items.
Later in the day, Ethridge said he went to the rec center to take a shower. He said he duct-taped his dog’s mouth shut so that he wouldn’t eat anything else in the car, and also because he was concerned that Appa, who is aggressive to other people, may attack someone through the window, which he left rolled down.
“I didn’t do this maliciously or to harm him,” Ethridge said. “I love my animal. ... I’ve spent every single day with him.”
Ethridge said when he found out Animal Protection was trying to find him, he went to the La Plata County Humane Society, without his dog, where he was issued the ticket.
Ethridge is in possession of Appa. He said he’s willing to face the consequences of his actions.
“I don’t think what I did was the extreme animal abuse of the century, but I understand it is against the law,” he said. “I totally accept what I did and the punishment for it.”
Piccone said Ethridge bought a breed that is typically used for police work, and he seems ill-suited to train it. As a result, the dog, as well as other people, are at risk, she said.
“He’s not only committing the crime of animal cruelty, he’s also in possession of a dangerous dog,” Piccone said. “He has this dog for ‘protection.’ That’s not a pet, that’s not safe, and that’s not humane.”
Well clearly he's not in his right mind. He gets busted for drugs in Florida, gets handed a 2-year probation, moves off to Colorado, gets himself a dog he's obviously not mature enough to own - Belgian Malinois dogs are for experienced owners - thinks it's a good idea to not just leave the dog to cook inside a hot vehicle, but he holds the dog down and wraps duct tape around this poor dog's face while he goes inside the rec center. Now, with this new charge of animal cruelty, he has violated his probation. They need to take this dog from him permanently.
VIDEO NEWS CLIP:
PREVIOUS ARREST: Arrest Date: 01/22/2016
Full name: Thomas Damico Ethridge
Gender: Male
Race: White
Height: 5'8"
Weight: 150 lbs
Hair: Brown
Eyes: Brown
Birthdate: 01/25/1994
Arrest age: 21
Arresting agency: Sarasota County, Florida
Charge:
MARIJUANA-POSSESS: POSSESS MARIJUANA OVER 20 GRAMS
Sentence Type: Drug Offender Probation
Sentence length: 24 months
Sentence Date: 06/14/2016 CURRENTLY ON PROBATION
FLORIDA -- If prosecutors are going to convict a Ponce Inlet man accused of beating his dog to death, they are going to have to do it without key evidence, after a judge’s ruling on Wednesday.
Circuit Judge Kathryn Weston ruled that Ponce Inlet police officers could legally enter Travis Archer’s house without his consent because they believed the situation was an emergency involving a dog’s well-being.
However, she said that once they found the dog dead, officers should have stopped their investigation until they obtained a search warrant.
“The defendant himself advised Officer (Brandon) Bines that he had a dog, that the dog had bitten him, and that he had struck the dog two times. At that point, a reasonable person could conclude that there was an urgent and immediate need to check on the safety and well-being of the dog,” Weston wrote.
In a case that has attracted widespread attention from animal advocates, the 43-year-old Archer faces a charge of animal cruelty, a third-degree felony punishable by up to five years in prison. Archer was arrested shortly after midnight on April 8 after a neighbor called police to complain about what sounded like a dog being beaten.
Weston threw out evidence found after the officers located the dead dog in the back yard of the house on 76 Aurora Ave.
That means key evidence will not be admissible, including the dog’s body or the necropsy describing injuries to the dog or the cause of death, said defense attorney Aaron Delgado, who represents Archer.
“Without the evidence of the dog’s body how do you establish that the dog was killed in a cruel manner? And that’s the pivotal point that the state is going to have to contend with,” Delgado said. “How do you know the dog didn’t die of a heart attack?”
Prosecutors had already been dealt a setback when Weston ruled on July 18 with a Daytona Beach courtroom packed with protesters and media that Archer did not give a valid consent for officers to enter the house. Archer initially refused to let the two officers inside.
In making that ruling, Weston cited a comment by Bines, the officer on the call, who told Archer that he could either let officers in voluntarily or police could “go another route which would probably wind up not being good for you.”
Shannon Peters, the spokeswoman for the 7th Circuit State Attorney’s Office, declined to say in an email whether prosecutors would appeal Weston’s ruling to the 5th District Court of Appeal in Daytona Beach.
“We are reviewing the judge’s order and will determine appropriate action,” Peters wrote.
In trying to make the case that an emergency existed, Assistant State Attorney Erica Kane cited Brinkley v. Flagler County, in which officers - responding to a neighbor’s complaint - entered a person’s property without a warrant.
The officers had been overwhelmed by the smell of animal waste and saw the front yard was covered by animal feces.
The 5th DCA held that the officers were justified to enter without a warrant and Weston also cited that case in her ruling. It was the only case in the state Weston or the lawyers found dealing with an emergency exception to a search warrant dealing with animals.
Delgado argued at the hearing that the Brinkley case was significantly different from Archer’s.
Debbie Taylor Darino, one of the leaders of Justice For Ponce, the Facebook group with legions of members who are demanding that Archer be punished as severely as possible, said in a phone interview that a prosecutor told her the state would appeal. She declined to name the prosecutor.
Darino said the judge’s ruling hurts the case against Archer but at least she did not throw out all the evidence.
“It weakens the case but it’s not all bad. Had she granted the entire motion, we wouldn’t even have a case,” Darino said.
Prosecutors can still use body camera video in which Archer admits to hitting the dog after he said the dog tore up his house. The video also shows officers finding the dog’s body sprawled against a wooden fence. The dog’s mouth appears to be bloody.
Reaction to the ruling was mixed among Justice For Ponce members who are not familiar with the law but are focused on Archer’s punishment, Darino said.
“That’s all they care about: That they get justice for this dog because he died a terrible death,” Darino said.
Prosecutor’s hopes rest on argument for exigent circumstances in case against man accused of beating his dog to death
DAYTONA BEACH, FLORIDA — A judge agreed with attorneys for a Ponce Inlet man accused of beating his dog to death that police did not get consent from the suspect to enter his home, but still in question is whether officers acted legally, because of urgent circumstances, when they discovered a Labrador retriever puppy beaten to death in the backyard.
Travis Archer is charged with animal cruelty, a third-degree felony punishable by up to five years in prison, in the case that has sparked social media fury led by a local Facebook group demanding harsh punishment for the death of the dog, named Ponce. Archer, 43, was arrested shortly after midnight April 8 after he was accused of beating the black Lab puppy.
Circuit Judge Kathryn Weston pointed out a comment by Ponce Inlet Police Officer Brandon Bines after Archer initially refused to let police inside the house. The body camera video shows Bines saying, “So we can either go two routes. One you can let us in voluntarily, OK, or two we can go another route which would probably wind up not being good for you,” Bines said.
“There was not a valid consent given for the search in this case,” Weston said. “I think that the officer’s statement to Mr. Archer negated any voluntary aspect.”
Weston also said at the end of the approximately 2½ hour hearing that she found some of Bines’ testimony on Tuesday different from his deposition on May 25. Weston said she did not believe there was any intent by Bines to mislead but she said the changes may have arisen from discussion of the evidence and the case law Weston said she would therefore rely on the deposition for some of the information.
Weston said specifically she would not consider Bines’ testimony on Tuesday that he heard the word “sit” when he approached Archer’s house when she determines exigency.
The judge will issue a ruling within 10 days on whether police entering Archer’s home was justified by exigency, meaning an emergency situation for which officers could not wait to get a search warrant.
In a video from an officer’s body-worn camera, a shirtless Archer stood behind the screen door in the entryway to his house and showed the slight cut on his hands to Bines and Officer Miguel Rodriguez. Bines asked to go inside the house.
“No, you guys don’t need to be in the house,” Archer said.
Archer told Bines and Rodriguez that the dog was fine and that they could not enter his house. Bines then told Archer that they had probable cause.
Bines’ body camera video was shown in the courtroom Tuesday, drawing gasps from Justice for Ponce protesters packing the courtroom. A few of the protesters begin to cry when they saw the dog’s crumpled body.
Archer was not present at the hearing on Tuesday at the S. James Foxman Justice Center. But before packing the courtroom protesters lined South Ridgewood Avenue with signs demanding punishment for Archer and tougher laws against animal cruelty.
Archer’s defense attorney Aaron Delgado said there were no emergency circumstances for police to enter Archer’s house. Delgado said that Bines did not hear or see anything that could lead him to believe that anyone was in danger and that the officers were not walking quickly or doing anything else that indicated there was an emergency.
But prosecutor Erica Kane said that the officers were just being careful that they didn’t rush into something and expose themselves to danger.
She said the abuse of the dog allowed police to enter the house.
“What is more exigent than an animal that is actively being abused,” Prosecutor Erica Kane said.
Debbie Taylor Darino, a Justice for Ponce member leading a petition drive for tougher laws, said she “disagreed to some degree” with the judge’s ruling.
“I do believe that he allowed them in. He walked them all the way to the back,” Darino said of Archer.
TEXAS -- The owners of Justice, a dog found on June 9 with her snout taped shut, have been found, the Montgomery County Sheriff's Office said.
Officials began searching for the owners after Justice, a mixed-breed hound, was found with several layers of electrical tape wrapped around her nose and upper jaw near Old Texaco Camp Road.
Investigators said the tape had been there for a long time and that Justice had severe injuries as a result.
Deputies said after interviewing Justice's owners they concluded that there is no indication either of them harmed the dog in any way, but that it is possible someone took the dog from the residence and released her in the condition in which she was found on June 9.
Yeah, I'm not buying it...
The Sheriff's Office said Justice is still being provided with medical care as it continues searching for the person responsible for her injuries.
CALIFORNIA -- A 37-year-old Lompoc man was arrested on suspicion of animal cruelty after firefighters responding to a house fire found his dog’s muzzle and rear legs had been bound with rubber bands.
Lompoc police detectives arrested Edward Kyle Joseph Vantassel, whose last name also has been spelled as Van Tassel, on Wednesday outside a Santa Barbara County Animal Services building for a hearing on custody of the dog.
The charges stem from an afternoon blaze on June 6 when Lompoc firefighters responded to a structure fire in the 1400 block of Crown Circle where the man was found outside the residence.
Vantassel told firefighters his dog was still in the residence on the second floor, leading to a search of the building.
“Firefighters located the dog inside of an overturned, weighted-down box in a room on the second floor of the residence,” police Sgt. Kevin Martin said. “Firefighters also discovered the dog's muzzle and rear legs had been bound with rubber bands. “
Firefighters got the dog to safety and cut off the rubber bands before providing the animal with water and alerting Animal Services.
The dog named Pooh was transported to a local veterinarian for treatment.
Pooh “is doing much better” and is with a foster family, Martin said.
Lompoc police detectives began an animal cruelty investigation, culminating in an arrest warrant for Vantassel.
He was arrested for suspicion of felony cruelty to an animal, with bail set at $100,000.
Vantassel was transported to the Lompoc Police Department where he was interviewed and booked before being transported to Santa Barbara County Jail, police said.
In 2008, Vantassel protested the Iraq War with a four-hour standoff on La Cumbre Road overpass near Calle Real.
Sporting a ski mask and military-style fatigues, the man eventually surrendered his revolver. Earlier in the protest, he demanded an Obama-Biden sign that was delivered by a bomb squad robot.
Months later, a judge sentenced the man to five years of probation, 200 hours of community service and ordered him to pay $500.
Authorities previously said that Vantassel, an Army veteran, served in Iraq and was seen for treatment of post-traumatic stress disorder.
