Oregon: Woman acquitted of aggravated abuse of Collie at Bend pet lodge sues her accusers

OREGON -- A former kennel worker in Bend, acquitted of felony animal abuse two years ago, accuses Deschutes County and two police investigators of malicious prosecution that caused her public humiliation.

The lawyer for 45-year-old Martie Davidson filed a complaint in Eugene's U.S. District Court, made public this week, which alleges that his naïve client endured false accusations, coercive interrogation, arrest, prosecution and public scorn.

Davidson's lawsuit seeks $250,000 in actual damages and unspecified punitive damages.

Her complaint names as defendants the county, a sheriff's deputy, an Oregon State Police polygraph operator and the owners of a now-dead Collie named "Zoe" for their roles in violating her constitutional rights, along with libel and slander.

Deschutes County District Attorney John Hummel, who took office on Jan. 5, described the prosecution of Davidson as a "straight ahead animal abuse case." He noted that a grand jury handed up a felony indictment against Davidson and that a trial jury acquitted her of all charges.

"We accept those verdicts," Hummel said. "I've seen no evidence that this was a malicious prosecution."

Davidson took a low-paying job at the Deschutes Pet Lodge in 2008, where she enjoyed stress-free work and time with animals.

"(She) had self esteem issues, was fearful of confrontation and quick to accept blame for things that were not her fault," the lawsuit says before laying out a chronology of claims against her accusers:

Davidson was employed at the pet lodge in July 2009, when John and Caren Burton brought their Collie "Zoe" in for a stay.

On Aug. 1, the Burtons took Zoe to an animal clinic, where a veterinarian determined she might have been struck by a car or suffered a similar trauma. The animal's condition worsened as the days wore on, and an X-ray soon diagnosed Zoe with multiple fractures of six ribs on her left side.

According to the lawsuit, the Burtons accused the pet lodge of causing the injuries and they sought publicity to force the district attorney's office to arrest someone at the business. They gave newspaper and TV interviews and started a website.

One of Davidson's coworkers told sheriff's Deputy Jennifer Gaspard that he had seen Davidson get upset with Zoe and pull on her leash. Davidson later agreed to take a polygraph, knowing she had not hurt the dog, the lawsuit alleges.

On Oct. 29, 2009, state police Trooper Chris Kaber hooked Davidson to the machine.

According to the lawsuit, Davidson told investigators that a kennel door might have bumped Zoe, and they convinced her that she caused the dog's injuries without even knowing what they were.

"The plaintiff naïvely believed that police officers would not lie and that therefore she must have caused the injuries," the lawsuit alleges.

Davidson accuses investigators of providing false information to the district attorney's office to prosecute her. Later, when Davidson refused to plead guilty to first-degree animal abuse, she alleges that authorities piled on new charges of aggravated animal abuse. The charges carried a potential prison sentence of up to five years in prison.

The Burtons spread the story publicly that Davidson was responsible for their pet's injuries, libeling and slandering her, the lawsuit alleges.

Calls placed to a phone number associated with the Burtons were not returned.

X-rays taken in February 2010, nearly seven months after Zoe's stay at the pet lodge, showed that the rib fractures had not healed. In fact, new fractures were discovered on the other side of her ribcage, Davidson alleges. When a veterinarian attempted to repair the breaks with wire, the bones dissolved.

Zoe died on approximately June 1, 2010.

RIP Zoe

"At the time of Zoe's death," lawyer Mikel R. Miller wrote in Davidson's civil complaint, "almost all of her ribs had at least one fracture. At this time, no rational person could believe that Zoe's injuries were caused by the actions (to which Davidson) admitted."

On Jan. 11, 2013, after a four-day criminal trial, a jury acquitted Davidson of all charges.

"Being accused of torturing and maliciously killing an animal caused (Davidson) extreme humiliation and embarrassment, and damaged (her) reputation," the lawsuit alleges. "Knowing she was not that kind of a person, and that people thought she had harmed an animal, caused her to suffer anxiety attacks and made her fearful of going out in public."

Davidson moved to the Salem area, Miller said, and suffers anxiety whenever she returns to Deschutes County.
(Oregon Live - Jan 15, 2015)

Earlier:

• Couple hopes dog’s pain makes other pets safer

Pennsylvania: Nancy Shannon, owner of Angel Ridge Animal Rescue "no kill" shelter, cited again by state dog warden

PENNSYLVANIA -- A Chartiers Township animal rescue shelter and its owner were again cited after the state dog warden found alleged violations during a February inspection.

Angel Ridge Animal Rescue, 390 Old Hickory Ridge Road, and owner/director Nancy Shannon of Meadow Lands were cited Wednesday by the state dog warden with failure to ensure the buildings and grounds of kennels were maintained, failure to ensure complete records are kept on dogs and failure to ensure kennel has an effective control program against insects, pests and parasites.

During a Feb. 18 inspection by dog Warden Steven Stoehr, who was accompanied by two other dog wardens, he allegedly observed rusted kennel posts and drains. Food and water receptacles reportedly contained bird excrement. Bird excrement also was found on fencing, floors and walls in the areas housing dogs and throughout the kennel including walls, shelving and stored food.

The wardens also reportedly observed infestation of birds and damage to the ceiling and insulated walls where birds made holes to nest. Drains were reportedly clogged with hair, food and excrement.

Standing fluid was found near some drains, according to the inspection report.

The warden also reported records were missing pertinent information, such as complete addresses of where dogs came from and where they went.

The shelter and Shannon also were cited in January for alleged violations found during a Jan. 9 inspection.

Both were cited for failure to keep the kennel in sanitary and humane conditions in regards to temperature and pests, failure to keep proper kennel records, not having a health certificate for transportation, failure to produce a bill of sale for a dog and dealing with an unlicensed out-of-state dealer.

A hearing on the initial charges is set for April 14 before District Judge David Mark.

If she requests a hearing on the new charges, it will also be scheduled for that day.

A telephone message left at Angel Ridge was not immediately returned Friday.

(Observer-Reporter - March 6, 2015)

Earlier:

• Pennsylvania: Angel Ridge Animal Rescue "no kill" shelter, owner Nancy Shannon cited by state dog warden

Bollinger Co man, Ronald Woodfin, arrested for animal abuse

MISSOURI -- Animal abuse charges are being pursued against a former Marble Hill resident. 

Bollinger County Sheriff’s Deputies arrested Ronald Woodfin this week and charged him with two counts of misdemeanor animal abuse and one count of misdemeanor pursuing/taking/killing/possessing or disposing of wild life illegally. 



Ronald Woodfin

On the 14th, Deputies accompanied the Humane Society of Missouri to Woodfin’s residence on County Road 831. 

Two dead dogs as well as a momma dog and three puppies were found outside. 

A squirrel was found in a cage in a bedroom and a hedgehog in an aquarium on top of the squirrel’s cage. 

Woodfin told police he was relocating to Florida and had enlisted the help of two women to care for and find homes for the animals. 

A week after finding the animals, the necropsy revealed the two died of exposure and lack of nutrition.

(960KZIM - Jan 29, 2015)

Deputies Investigating Animal Cruelty Case After Cat Shot, Killed

NORTH CAROLINA -- Investigators with the Rockingham County Sheriff's office are looking for leads in a possible animal cruelty case and need your help.

According to the sheriff's office, Coy Rohman, of Reidsville, reported that his 8-year-old cat, Toby, was shot and killed on January 25.



RIP Toby

Investigators are asking anyone that was in the area of Cook Florist Road in Reidsville on that day to contact Detective Lori Pegram at 336-634-3232 or call the Rockingham County Crime Stoppers at 336-349-9683.

(WFMY - Jan 29, 2015)

Lenient sentences for abusers send a scary message

MICHIGAN -- You might have heard about Timothy Tucker, the 51-year-old Kalamazoo County man sentenced recently for beating his girlfriend, then repeatedly striking her with a 2-week-old puppy, killing it.

Tucker's girlfriend ended up in the hospital, and she said at his Jan. 20 sentencing hearing that she couldn't see for a few weeks after the beating.

"I was hurt, scared in my own house, being attacked in my own house," she was quoted as saying in the Kalamazoo Gazette. "I'm still scared and I shouldn't have to feel like that from someone I cared about, someone I loved."

This is the sixth time Tucker has been convicted of domestic violence, Kalamazoo County Prosecutor Jeffrey Getting told me last week. His office charged Tucker with felony domestic violence (third or subsequent offense) as a habitual offender. Sentencing guidelines call for a maximum penalty of 7-1/2 years in prison. The animal abuse charge was dropped in exchange for a guilty plea on the domestic violence charge.

But Tucker didn't go to prison.

Ninth Circuit Judge Alexander Lipsey instead sentenced him to six months in jail with 63 days of time already served. He'll be out by summer. He also was ordered to four years of probation under a relatively new program in Kalamazoo called the Swift and Sure Sanctions Probation Program.

"I was not willing to promise him he would not go to prison or into the Swift and Sure Sanctions Program," Getting said. "I was not willing to promise him any consequence. The judge was. ... At the hearing, we argued to the judge that Mr. Tucker deserved to be put in prison. We asked the court for a prison sentence; the court chose to do something other than what we asked for."

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To many, that sentence sent a message: You can beat a woman over and over and over again — with a puppy, no less — and still avoid prison.

"It is absolutely sickening and ridiculous," said Nicole Beverly, a survivor of domestic violence from Ypsilanti who now advocates for victims. "We want to draw as much attention to this case and judge as possible."

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Camilla Robarts, director of the counseling program at HAVEN, an Oakland County agency that offers support, counseling and advocacy for victims of domestic violence, says the message also is one that will discourage other victims from coming forward.

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"I definitely think it sends a message that says domestic violence somehow is to be treated as a reduced crime; it's not as serious in some way as other crimes, particularly violent crimes," she said. "I think there's an element of victim blaming that goes along with it, that somehow the victim is to blame for a part of it, therefore the sentencing is reduced or it's not looked at as serious."

Judge Lipsey said last week he could not comment on this case specifically because it's ongoing, and cautioned that outsiders should not question a sentence without knowing the complexity of the case.

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He sang the praises of the Swift and Sure program, noting that in a case like Tucker's, even if he'd issued a 7-1/2 year prison sentence, most inmates are released after two years in prison for good behavior. By being sentenced to four years of probation under the Swift and Sure program, men like Tucker are supervised longer, and have the chance of being rehabilitated.

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Swift and Sure cuts the red tape that can take the teeth out of the usual probation process, in which it can take months to see the consequences of violating the terms of probation, he said. Instead, people who break the rules of their probation are arrested quickly, and return to court for resentencing within 48 hours. They also are drug-tested and monitored more closely than other probationers.

Lipsey said: "Here are the rules: If you sign up, you are abiding by these rules, and there is a sure punishment if you break the rules. If I have somebody sentenced to Swift and Sure, I know that person will be supervised for four years. Hopefully, he will make those changes as a probationer."

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What concerns Beverly is that although it's a vast improvement that 48 hours after an offense a person is arrested and back in court under Swift and Sure, two days is still a whole lot of time to abuse a woman.

"I hate to be pessimistic about this program, but knowing what I know about domestic violence and the lack of rehabilitation, it's hard not to be," she said. "The main thing about this case in particular is how many chances this man has been given.

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"I would understand probation like this for a first-time offender, or a second-time offender a lot more than a six-time offender. The rate of domestic violence and people not rehabbing, and getting six, seven or eight chances is ridiculous. Look at this sentence. I don't understand the sentencing guidelines; they need to be changed."

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Gov. Rick Snyder signed new legislation earlier this month to form a criminal justice commission to examine sentencing guidelines in domestic violence cases, among others. The Michigan Coalition to End Domestic and Sexual Violence was asked to name a person to join the commission.

Kathy Hagenian, executive police director for the coalition, said the group is eager to take part in the process, adding that sentencing is crucial.

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"It does send an important message not only to the victim in that case, but to the perpetrator and to the community, which means that it is incumbent upon anyone in the system who has a role in sentencing to look at the complexity of what's happening and to take into account the impact on the victim of the crime, and also the abuse that has happened in the relationship," she said.

Robarts said it's not easy for abuse victims to report their attackers, and when they learn about lenient sentences like Tucker's, it makes them all the more reluctant.

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"Their fears center on: 'Will people believe me? Will they think that this is serious? Is this really serious? And will anybody protect me or will it be worse?' " she said. "And so I think the fears ... are validated in many ways, through what happens or doesn't happen as a result," Robarts said.

"When there's a slap on the hand, it ... I think we're sending a message that says that this is really not that serious. It further validates a victim's feeling of being alone and not being helped in the way that she needs."

And that's a problem.

(Detroit Free Press - Jan 31, 2015)

Galveston police seize 27 horses near riding business

TEXAS -- Galveston woman Terri Glenn is facing charges of cruelty to livestock animals after police on Wednesday seized 27 horses from a pen used by a riding business, the Galveston County Daily News reports.

According to S-n-G Horseback Riding's website, Glenn is the owner of the riding business, which is located on the island's Jamaica Beach.

 

  

A Galveston police officer told the Daily News that because three of the horses were found emaciated and in critical condition, officers had to take possession of the entire herd. They will be transported to Habitat for Horses' facilities for medical care.

"There's three that are literally in danger of death or serious bodily injury." Sgt. Joel Caldwell, who oversees the city animal services unit, told the Galveston paper.

 

 

Records show that Glenn is currently being held in the Galveston County Jail on $7,500 bond.

(Houston Chronicle - Jan 22, 2015)

Louisiana jurors decide, in just an hour, that this POS is only guilty of misdemeanor cruelty - not felony cruelty

LOUISIANA -- A Caddo Parish jury today found the man accused of chaining a puppy inside a storage locker and leaving it to die guilty of simple animal cruelty.

Gabriel Lee Jr. was charged with aggravated animal cruelty after the 4-month-old puppy, now known as Braveheart, was found chained inside a storage unit that last belonged to Lee.  The puppy was on a concrete floor, without water and with little food.

 

The six-member jury deliberated about an hour before finding Lee guilty of the lesser crime, simple cruelty to an animal, a misdemeanor. Aggravated cruelty to an animal is a felony.

The facility's owners made the disturbing discovery in September 2013, after the renter abandoned the unit. A police report was soon filed.

 

When the story on Braveheart appeared on NBC 6 News, a groundswell of support from around the Ark-La-Tex began, and animal rights groups demanding the person responsible be brought to justice.

  

An investigation involving Animal Control and the Caddo district attorney’s office culminated in Lee’s arrest in December 2013.

After the guilty verdict, Lee was handcuffed and taken from the courtroom. He will be sentenced Feb. 10, 2015. 

Penalty for simple animal cruelty is fine of up to $1,000 and/or up to six months in jail. In addition, at least five 8-hour days (40 hours) of community service that cannot be suspended.  

(ArkLaTex - Jan 29, 2015)

Earlier:

• Braveheart goes home, original owner facing cruelty charge
• Trial starts for man accused of leaving chained dog in storage

Frostbitten cat reminds of need to protect pets in bitter cold

ILLINOIS -- As Chicagoans struggle through the season's first serious blast of cold weather this week, a small cat named Sunny has a much-needed refuge..

City workers recently picked up 1-year-old Sunny wandering around 8600 South Colfax Avenue and brought her to Chicago's animal control center. Animal shelter PAWS Chicago took in the multicolored kitty Monday.

 

Sunny now is at the PAWS facility in the Little Village neighborhood being treated for frostbitten ears, according to spokeswoman Sarah Ahlberg. She also needed to be shaved to remove her badly matted fur and is severely underweight at only 2-1/2 pounds.

"We unfortunately see that quite often during these months," Ahlberg said. "We're trying to figure out why she's so underweight at 1 year old, so we're going to run some bloodwork on her. But she's doing splendidly."

PAWS rescues about 6,000 animals a year, most of which are transfers from the city's animal control center. Ahlberg said the shelter sees more strays in the summertime because it is kitten season and because animals spending more time outdoors can get loose. But stray dogs and cats suffer in the cold weather and often come down with hypothermia and frostbite, as Sunny did.

Chicago residents can call 311 or fill out an online form to report animals that appear to be homeless.
"It would be helpful to give them a chance to help them find an indoor home," Ahlberg said.

Animal control advocates urge pet owners to vigilantly protect their dogs and cats from the cold.

City animal control officials say dogs and cats are best off being indoors and that low wind chills, like those hitting the area this week, can be life-threatening for pets. Dogs with short hair are particularly vulnerable and may need a sweater when taken outside. Owners also should wipe off their pets' paws after a walk because road salt can hurt their pads and their mouths if they lick it.

Outdoor dogs still need protection from the cold with an adequately sized doghouse and more food than usual, according to city officials.

PAWS Chicago further recommends that owners never leave pets alone in a car. Owners should contact their veterinarian if their pets show signs of hypothermia or frostbite, such as shivering, breathing problems and shriveled skin.

As for Sunny, PAWS will continue to treat her, but she cannot be adopted until the city's stray hold expires, giving any owners time to step forward and claim her. Otherwise she could be available for adoption after a few weeks, Ahlberg said.

(Chicago Tribune - Jan 9, 2015)

Biting pit bulls will return to owner

NEW MEXICO -- Two pit bulls that attacked an 11-year-old Rio Rancho boy and his dog will return to their owner.

KOAT-TV reported that Rio Rancho police say the dogs will be released back to the owner following the Jan. 19 incident.

Police Lt. Paul Rogers said the owner, who lives near the boy, will receive citations including for having dangerous animals, failing to have rabies vaccinations and not having a city animal license.

Rogers said the dogs would be detained further if they had rabies.

Police say the dogs charged the boy as he was taking his pet Rottweiler to the family car and neighbors shot the canines with pellet pistols. The boy suffered a bite on his shin and his dog received several lacerations.

(Rio Rancho Observer-Jan 28, 2015)

Newark’s third dog bite in a month attributed to pit bulls

NEW JERSEY -- For the third time in January, Newark police were asked to take a report on a dog bite within city limits.

For the third time, the bite was attributed to a pit bull.

According to a Newark police report, the bite was reported about 7:30 p.m. Thursday. The victim told police that his neighbor’s white dog had bitten him and “he believes (it) to be a pit bull.”

The victim suffered a minor injury, and police are investigating the incident, according to the report.

Sgt. Paul Davis said there does not appear to be any evidence the victim did anything to provoke the dog. He said police do take and receive reports of dog bites involving dogs that are not classified as pit bulls, but Newark has not received any so far this year.

“Pit bulls are the majority,” Davis said.

Newark police have investigated two other reported pit bull bites in January. On Jan. 12, a man’s dog was reportedly attacked by a pit bull and the man was bit in the hand while trying to separate the dogs. On Jan. 20, a man was reported to have been bitten in the face by a pit bull.

No other reports of dog bites have been taken by Newark police in 2015.

(Newark Advocate - Jan 30, 2015)

Camper who was injured by hunting dogs works to change law

NORTH CAROLINA -- Kadie Anderson hopes no one else ever has to suffer the terror and helplessness she experienced when her dogs were attacked by a pack of bear hunting hounds in a Graham County wilderness area in October.

That's why Anderson is leading a petition drive aimed at changing North Carolina's dangerous dog law, which presently exempts hunting dogs.

"It doesn't take away any of their rights," Anderson said of hunters. "It's about making people responsible for the actions of their dogs."

Anderson started the online change.org petition in November calling for the hunting dog exemption to be removed from the state statute. Since then, the petition has gained almost 1,700 signatures, she said, with most of those coming from N.C. residents.

"Most of those are people from North Carolina, so people in North Carolina are invested in this," Anderson said. "It's not just hikers (affected). We've had people come forward who live in the mountains and have had dogs come onto private property and kill their livestock and pets."

She said her goal is 3,000 signatures, and she plans to present the petition in person to Gov. Pat McCrory's office by this summer.

State Rep. Roger West, a Republican from Cherokee County who will co-chair a new legislative wildlife committee, said the panel would review the hunting dog exemption. Because the committee is new, he said he's still getting up to speed on the dangerous dog law.

"Right now, I don't know a whole lot about that statute," West said. "But we'll be looking at that issue."

Under North Carolina law, dogs "being used in a lawful hunt" are exempt from rules that otherwise require owners to take steps to prevent their animal from harming a person or another animal.

The hunting dog provision is listed under the same section of the state statute that provides an exemption for police dogs that might harm someone.

The issue came to light after U.S. Forest Service officials declined to pursue the case against bear hunters whose dogs injured Anderson and her two Australian shepherds. Anderson was on a camping trip with her dogs when the harrowing, 45-minute attack happened on Oct. 13, the opening day of bear season, in the Snowbird area of the Nantahala National Forest in Graham County.

Anderson, a 29-year-old visitor from Cleveland, Ohio, suffered bite wounds to her hands and legs as she fought to protect her pets. The dogs were seriously injured but have since recovered.

She said she fought the hounds off with a tent stake and a stick, trying to shield her dogs with her body.

 

When the hunters — six men — finally arrived, they got the hounds under control and helped Anderson pack up her gear. One of the men carried her pack as they walked three miles back to her car.

But the men did not offer to get medical help and left quickly when Anderson reached her car. She said she was so worried about her dogs that she didn't think to ask the men their names.

Anderson later had to undergo rabies shots, which cost her $600, and she said she spent another $1,200 on veterinary bills for her dogs.

For non-hunting dogs, the state statute defines a dangerous dog as one that kills or injures a person, or one that "killed or inflicted severe injury upon a domestic animal when not on the owner's real property," or "approached a person when not on the owner's property in a vicious or terrorizing manner in an apparent attitude of attack."

Owners of non-hunting dogs that are dangerous are required to keep the dogs confined and are prohibited from allowing such an animal "to go beyond the owner's real property unless the dog is leashed and muzzled or is otherwise securely restrained and muzzled," according to the statute.

A Forest Service official said the agency declined to pursue the case because "no federal laws were broken." Graham County Sheriff Mickey Anderson also declined to investigate, saying any action was up to the Forest Service.

"There's nothing to protect my dogs," Anderson said. "It seems like there is very unequal legislation out there."

She said she's not opposed to hunting.

"I'm not anti-hunting. I have many friends who are hunters. The biggest issue is accountability," she said.

Anderson, an avid hiker and camper, hasn't been back to North Carolina since the October incident, but she said the beauty of Western North Carolina's vast wilderness areas likely will draw her back eventually.

"I want an opportunity to turn a really bad memory into a better memory," she said.

Bear hunting is an old tradition in the mountains around Asheville, and most hunters use hounds. N.C. Wildlife Resources Commission officials called the attack on Anderson's dogs extremely unusual.

Don't you mean torturing bears with dogs is an "old tradition"... if dogs do this to another dog, what do they do to the animals which are being hunted? They don't just use bears to torture and kill. They train these dogs by sending them to rip other animals apart, like foxes, raccoons, opossums, skunks, baby deer... whatever crosses their path is going to be ripped to shreds like this poor coyote

After being shot and collapsing from exhaustion
and pain, there will be no quick death for this poor thing.

 

 

 

This is the 'time honored tradition' of hunters who use dogs

(Asheville Citizen-Times - Jan 31, 2015)

Earlier:

• The forest service is only concerned about collecting those millions in hunting license fees... not your mauled pet