Showing posts with label march 2017. Show all posts
Showing posts with label march 2017. Show all posts

Wednesday, June 14, 2017

(March 2017) Arkansas: Susie Robbins accused of moving out of her rental home and abandoning her animals to die

ARKANSAS -- Susie Robbins is facing charges following an animal cruelty investigation that police said started in December of 2016.

According to an arrest report, officers found more than a dozen dehydrated and malnourished dogs at Robbins' home on North 14th St.

  

"From the street, you could actually see their ribs," Jade Stanley, Fort Smith Police Department Animal Control animal warden said. "You could tell they were pretty well emaciated."

Police returned to the home a week later to find three more cats in the same condition. Police said they believe Robbins left the animals at the home.

"She was staying there," Stanley said. "That's what neighbors told us. But, she though she was gonna get evicted and left them there."

 

After seeing the condition of the animals, some were taken to the Sebastian County Human Society for care and others were given a new home from officers.

"I actually took home three [dogs]," Stanley said. "They were in critical condition, which is why we ended up taking them in the first place. No one was home, no one would come to the door. So, my partner and I decided for their care, they were gonna die there."

 

While animal control said these types of incidents do happen, Stanley said they're not common.

"We don't have a lot of big scale cases like this," Stanley said. "We do have quite a bit of animal cruelty calls, but something like 15 animals abandoned at a house, no."

According to the arrest report, Robbins claims the dogs do not belong to her.


Robbins is facing charges including cruelty to animals, allowing a dog to run at large, and operating a kennel without a license.

Animal control said all of the puppies that were taken from the home have made a full recovery and are being prepared to be adopted from the shelter.

The Fort Smith Police Department Animal Control urges people to call the department if they suspect animal abuse.

VIDEO NEWS CLIP:


ARREST INFO:
Full name: Susie Irene Robbins
Race: White
Sex: Female
Height: 5ft 2in
Weight: 165
Arrest ID: AR-111454046
Arrest Date: 3/25/2017
Location: Sebastian County, Arkansas
Charge(s):
Cruelty To Animals - Misdemeanor

(5newsonline - March 29, 2017)

Sunday, June 11, 2017

(April 2017) Texas: Paula Turner and Tim Turner let their Blue Heeler terrorize their neighborhood for years. Why the neighbors put up with it, I don't know. Appeals court reaffirmed judgment of more than $700,000 to their dog's latest victim

TEXAS -- Although this decision is from March, I just came across it and I think it's worth a read.

I am absolutely astounded that this dog was able to terrorize the neighborhood for so long. 

This being Texas, you assume firearms are issued to Texans at birth and that they're competent and self-assured in using them. Why didn't someone shoot this dog after the first attack, the second, the third? Did anyone bother to call Animal Control? Were they living in some remote area that didn't have Animal Control? 

These are questions that go unanswered, but I can only think that because the dog is a Blue Heeler it was tolerated. On the other hand, the fact is that it's a smaller dog not known for causing deaths and amputations of victims' limbs so maybe it was this final attack by the Blue Heeler, which was the most damaging, that finally got something done about it? 

Reading through this really long opinion (I edited most of it out, click the link below and you can see it in its entirety), I am shocked that one incident after another occurred without this dog being shot dead. 


In The Court of Appeals
Sixth Appellate District of Texas at Texarkana
No. 06-16-00046-CV
PAULA KAYE TURNER AND TIMOTHY RAY TURNER, Appellants
V.
JENNIFER DUGGIN, Appellee
On Appeal from the 415th District Court
Parker County, Texas
Trial Court No. CV14-1551

O P I N I O N
Oscar was an eleven-year-old Blue Heeler mix canine owned by Timothy Ray Turner and his wife, Paula Kaye Turner. While the Turners were away on vacation, Oscar escaped their yard through a gate inadvertently left open by Paula’s teenage daughter, Makayela Fuller, and bit passerby Jennifer Duggin, causing her significant and irreparable injury.

Duggins brought suit wherein she alleged that the Turners were negligent in the supervision and confinement of the dog (including negligent entrustment of that responsibility to a child), in exercising ordinary care by allowing the dog to escape the Turners’ property, and in training the dog to be vicious and to attack people. They alleged that the Turners knew or should have known of the vicious propensities of the dog and were guilty of such gross negligence that they were strictly liable for the damages occasioned to Duggin by the attack.

After hearing evidence that Oscar had bitten several other people and regularly escaped the Turner’s yard, the jury found by clear and convincing evidence
that the Turners had been grossly negligent. The jury awarded a total of $570,000.00 in compensatory damages, $75,000.00 in exemplary damages against Timothy, and $50,000.00 in exemplary damages against Paula.

After overruling the Turners’ motion for new trial and motion for remittitur, the trial court entered a final judgment in accord with the jury’s verdict, adding an
award of $5,731.51 in prejudgment interest, for a total award of $700,731.51 to Duggin.

On appeal, the Turners question whether the evidence was legally and factually sufficient to support (1) the jury’s award of $350,000.00 for a line item that included both future pain and suffering and future mental anguish, (2) the jury’s finding of gross negligence, and (3) both the award of and the amount of the award of exemplary damages.

Because we find the evidence legally and factually sufficient to support all of the jury’s findings, we affirm the trial court’s judgment.

II. The Evidence at Trial
A. Oscar’s General Character and Training
Timothy adopted Oscar while he was married to his former wife, Stacey Santibanez.

Santibanez testified that Timothy trained Oscar “to bite on command” by using her son, Jason, and his daughter, Elizabeth, as the subjects of the attack. She informed the jury that even though Timothy had attempted to train Oscar to only put his mouth on people on command without actually biting them, Oscar would bite the children “every time” he attempted to train him in that fashion.

According to Santibanez, the children believed that Oscar was vicious and did not want to participate in training the dog. She testified that Elizabeth still had scars from a puncture wound created by Oscar’s bite. Yet, except for the one instance involving Elizabeth, Santibanez denied that Oscar drew blood when he bit the children.

Santibanez described Oscar as a threat to people he did not know. She testified that she was forced to instruct guests to stay away from Oscar because she was concerned for their safety.

According to Santibanez, even Paula said Oscar should have been put down a long time ago because of his tendency to bite people.

Cheryl Collins, the sixty-five year-old woman who lived across the street from the Turners, described Oscar as a mean alpha male animal. Collins testified that the Turners regularly allowed Oscar and their other two dogs to roam the neighborhood and that the dogs’ demeanor caused her to be afraid for her safety and that of her husband because the dogs had previously acted as if they were going to attack her. Collins and her husband were so afraid of Oscar that they each regularly carried a gun while going to their own mailbox.

According to Collins, for several weeks before the incident, Oscar and another dog would come to their yard daily with their heads down and their ears pinned back as they growled, showed their teeth, and dug at her fence in an attempt to attack her four small dogs.

James Kendall Harrison, who also lived next door to the Turners, testified that he was not surprised to hear of Oscar’s attack on Duggin. He testified that the Turners’ dogs were vicious and that they made him afraid because they seemed as if they wanted to attack. Harrison said that he became nervous when the dogs escaped the Turners’ yard, mostly fearing for the safety of his
three children, believing that the dogs were a threat to the safety of the entire community.

Harrison’s wife, Krystal, also testified that the Turners’ dogs would come to her yard three or four times a week. Krystal was afraid for her children’s safety because the dogs would bark, growl, and would “have evil in their eyes.”
Krystal also believed that the dogs stood ready to attack.

Caleb Toles, a friend of Paula’s children, Makayela Fuller and Dustin Fuller, testified that Oscar was vicious toward strangers and had bitten his wife, Jenna Toles. Caleb told the jury that he believed that he had also come close to getting bitten by Oscar, but that Oscar obeyed a command from Timothy to not attack. Caleb and Jenna both testified that they heard Timothy bragging about having trained Oscar to assist him in bar fights.

Elizabeth denied that Oscar had been trained to attack, stated that she did not hate Oscar, and claimed that she was only nipped by Oscar twice during horseplay with her brother. Elizabeth clarified that she did not bleed when Oscar nipped her and stated that she had no scars from the incident.

[The Turnes' teenage daughter] Makayela Fuller testified that Oscar caught her pant leg once when she was play-fighting with Dustin. Although she heard that Oscar had bitten others and had attacked a man named Cole Thomason, Makayela testified CLAIMED that Oscar was not dangerous and was a nice dog.

Paula Turner also described the dog as “laid back and easy going” and testified that she had never heard him growl. Timothy Turner denied that he trained the dog to attack to assist him in bar fights.

Instead, he explained CLAIMED that he used Oscar to “herd” the children and denied that Oscar had ever bitten Jason. Timothy testified that because he was not concerned about other people’s safety around Oscar and (even though he was aware that the dog had bitten Duggin), he would not mind leaving the gate open for Oscar in the future.

B. Prior Incidents Involving Oscar
The jury heard that Oscar had bitten several non-family members prior to his attack on Duggin, including Jenna, Thomason, Kelly Wilfong, and Geno Santibanez.

Jenna testified that Oscar was aggressive towards strangers. She testified that the first time she was around Oscar, she was reaching for the Turners’ door when Oscar lunged towards her and sank his teeth into her skin.

Jenna’s grandmother, Gaile Comeau, and Caleb both testified that Jenna still had a scar from the deep puncture wound. Comeau testified that Paula was made aware of the wound inflicted by Oscar, being the person who cleaned the wound.

It was also undisputed that Oscar had attacked Thomason. Santibanez described Thomason as an elderly man who was bitten when he was walking on the road of an RV park in New Braunfels. Timothy testified that Oscar bit Thomason because Thomason was walking just outside the front door of an RV owned by Timothy. Oscar was quarantined by Comal County as a result of the attack and was released to Timothy after seven days in quarantine.

Paula Turner and Timothy Turner also admitted that Oscar had likewise bitten Paula’s friend, Wilfong, on or about October 29, 2013. Paula testified that Wilfong required medical treatment as a result of the wound created by Oscar and that Oscar was once again quarantined as a result of the attack.

According to Paula Turner, Wilfong was returning the Turners’ other two dogs to the Turners’ backyard (from which they had escaped) when Oscar bit her.

Santibanez testified that Oscar had attacked and bitten her friend’s children as they were getting out of a car and that he had twice bitten her husband, Geno Santibanez (who is a longtime friend of Timothy Turner). On one occasion, Santibanez said that Oscar bit Geno on the leg when he was helping to take out the trash.

On the second occasion, Santibanez said that Geno was in the Fast Lane Bar when Oscar was present. Geno reached to pet Oscar and was bitten on his arm even though Timothy had not directed Oscar to attack, this bite being sufficiently serious to cause him to bleed.

Timothy admitted that Oscar bit someone in a bar once. However, when asked about the incident involving Geno, Timothy claimed that Geno had bitten Oscar prior to the attack.

According to Santibanez, Geno bit Oscar only after the incident to teach him a lesson. Elizabeth also testified that she heard that Oscar bit Geno first.

There was also testimony that Oscar had bitten family members. According to Caleb, Timothy became intoxicated a few times and would sometimes sic the dog on Dustin. Caleb testified that Oscar ripped through Dustin’s jeans on one occasion, drawing blood.

According to Jenna, Oscar had also bitten Makayela when she intervened in the dog’s attack of her boyfriend. Jenna testified that Oscar could potentially be a threat to a stranger if he was left outside.

C. The Neighbors Complain About Oscar to the Turners
According to Jenna, both Makayela and Caleb informed Paula that the neighbors were complaining about Oscar. Other evidence at trial demonstrated that the Turners were aware of the neighbors’ complaints.

Collins testified that Oscar was in her yard every day for several weeks before Duggin was bitten, regardless of whether the Turners’ gate was open or closed. Collins stated that her husband called Paula to inform her of their dogs’ behavior and that Paula’s response was simply, “[O]h, the kids probably left the gate open again.”

According to Collins, when she offered to show Paula the hole in the fence from which the dogs were escaping, Paula declined the offer as if she did not seem to care. Collins testified that she did not stress the issue further because she did not think Paula would act. Collins based this belief on the fact that she had informed Paula about the issue many previous times, but the dogs returned every day.

Collins testified that she was so frustrated at the continued presence of the Turners’ unfriendly dogs in her yard that she expended $16,000.00 to construct a fence to keep them out.

Harrison testified that he saw the Turners’ dogs outside the Turners’ yard “at least every other day” for “at least a week or two” prior to the incident involving Duggin. On two separate occasions, the dogs had gotten into Harrison’s cow pasture. Harrison testified that he ran the dogs back into the hole in the Turners’ fence after the dogs mauled the nose of a sick cow. 

According to Harrison, his uncle, Ralph Walker, had spoken to Paula about the hole in the fence that allowed the dogs to escape. Nevertheless, Harrison testified that he continued to see the dogs outside of the Turners’ property “[p]retty regularly.” Krystal also testified that the dogs would escape the
fence, which was occasionally left open.

Because Caleb was often at the Turners’ home, he testified that he overheard the Turners’ expressions of frustration about the dogs escaping the fence. Caleb even assisted Dustin in placing dirt in a hole the dogs had created. He testified that the Turners were certainly aware of their neighbors’ complaints. Makayela also testified that she knew of the neighbors’ complaints and
confirmed that the dogs had escaped from an open gate “just prior” to the incident involving Duggin.

Paula confirmed that she was aware that the dogs had dug underneath the fence in order to escape the backyard and labeled one of the dogs as the digger. Although she claimed that Collins never called her, she testified that other neighbors (the Coles) complained to her about the dogs running around loose in the neighborhood. Paula testified that she made repairs to the fence
because there was a potential for the dogs to escape, but admitted that she did not build an electric fence, use shock collars, chain the dogs, or keep them in an escape-proof enclosure.

Timothy denied any knowledge that Oscar was escaping the fence. He said that he did not make any repairs to the fence because he relied on Paula to take care of the situation.

At trial, when asked, “You don’t think that [Oscar] had any dangerous propensities to people that it didn’t know, do you,” Paula Turner responded, “I never said that. He protects us.”

Although Paula admitted that Oscar had bitten people, she justified the matter by claiming that Oscar had only bitten people on their property.

In spite of the incident involving Thomason and Geno, Paula told the jury that she was unaware of anyone accusing Oscar of getting off of the property and
biting anyone except for the incident when Duggin had been bitten. Paula denied any claim that the dogs were terrorizing the neighborhood.

D. Oscar Bites Duggin
On June 3, 2014, the day Oscar bit Duggin, [Paula Turner and Tim Turner's teenage daughter] Makayela Turner testified that although she knew Oscar had bitten people before, she left the gate open because she was “frazzled” in her hurry to attend a church function celebrating her upcoming graduation. This oversight provided the opportunity for Oscar to escape the Turners’ enclosure and bite Duggin as she was walking with her friend and neighbor, Roxanne Raymond.

Raymond recalled the incident, stating, “We were talking and just all of a sudden these three dogs come running at us, barking and growling, and literally surrounded us.”

Raymond testified that although neither she nor Duggin said or did anything to provoke the dogs, Oscar sank his teeth into Duggin’s leg and then ran back to the Turners’ yard with the other dogs in tow.

Duggin testified that Oscar bit into her calf and left a puncture wound so deep that she felt she could stick her thumb through it.

Raymond examined Duggin’s bleeding leg and noticed tissue protruding from a very deep wound, one which caused her leg to swell immediately. Raymond, who is a nurse, was concerned about the injury and believed Duggin needed to go to the emergency room for medical treatment.

Duggin testified that she could not walk due to the excruciating pain and the amount of blood squirting out from the wound. She took several photographs of her bloody calf, which the jury saw, and went to the emergency room.

Paula Turner testified that Collins called her on the telephone to inform her that Oscar had bitten Duggin. Duggin also spoke to Paula, who was away on vacation at the time, but stated that one of her children must have left the gate open.

According to Duggin, the Turners initially agreed to pay her medical bills, but later recanted the offer and hung up on her during a telephone conversation in which Paula clarified they did not have the money to pay Duggin’s medical bills.

Duggin testified that she continued to see the Turners’ dogs roaming outside the Turners’ fence even after she had been bitten.

Raymond testified that she also saw the dogs outside of the Turners’ yard on several occasions prior to Oscar’s attack on Duggin. In describing the demeanor of the Turners’ dogs, Raymond said that they snarled and acted like they would attack even when they were enclosed by the Turners’ fence.

E. Evidence of Duggin’s Injuries
Duggin did not recover as expected after she was released from the emergency room. She testified that the puncture wound was not healing and that the pain and swelling were not alleviated by the medication given to her so she returned to Dr. David L. Reeve several weeks after she had been bitten. After noticing swelling, tenderness, and veins on her calf that were “bulging out,”

Reeve was concerned that Duggin may have a blood clot and referred her to surgeon Scott Walker. Dr. Walker informed Duggin that she had sustained damage to her veins, which compromised her circulatory system and caused necrosis in the calf. Dr. Walker explained that he became alarmed when Duggin was still having difficulty walking three months after Oscar’s bite. 

Duggin testified that she underwent one out-patient procedure and one vascular ablation surgery, during which she was required to remain awake, even though anesthesia was not administered. The surgery remedied the damaged veins, but other blood vessels began to bulge in an effort to re-route blood that was pooling at her foot and was not circulating properly.

After visiting five doctors in the span of two years, Duggin was told that there was no more medically viable treatment that could assist her.

At trial, Walker explained to the jury that Duggin (who was forty-two years old when Oscar bit her) suffered what proved to be a persistent life-long problem as a result of Oscar’s bite. He informed the jury that the pain and swelling of her leg as a result of walking or standing would remain constantly, would not likely improve, but could possibly get worse as Duggin aged.

Dr. Walker testified that there was no cure for Duggin and that her condition could also lead to future infection and ulceration of the skin. Dr. Walker explained that someone with Duggin’s medical condition could reasonably experience emotional distress as a result of the life-long injury.

F. The Effect of Duggin’s Injuries on Her Life
Duggin testified that she deals with pain every day and that her entire family has experienced strain as a result of her injuries. She described the means by which the injuries she sustained in Oscar’s attack had impacted her in her roles as a special education teacher, a serious competitive equestrian, and a mother to her children, Tye (a fourteen-year-old boy) and Kensie (a
nine-year-old girl).

Duggin testified that her job as a special education teacher is emotionally and physically strenuous. In order to effectively perform her job, she is required to sit on the floor with the children and to walk with them if they have a breakdown. Duggin testified that she goes up and down stairs with the class, stands and walks while teaching, and described herself as always on the
move while at work.

Duggin’s mother, Jane Trierweiler, who is also a teacher at Duggin’s school,
testified that she regularly sees her daughter elevate and massage her leg during the lunch hour as a result of swelling.

Justin Brown, who has trained and shown horses for twenty-one years, testified that Duggin grew up in the horse industry and has won many competitive awards. The jury viewed photographs of Duggin demonstrating that she had loved horses since she was a child, had shown horses at
competitions, and had been a competing equestrian for her entire life. Duggin testified that she had won a number of national and world titles in equestrian competition. She had been offered a full scholarship to the University of Florida due to her equestrian skills and hoped to pass on her success to her children.

Duggin testified that before the incident, she rode horses with her children three to five times per week and that her children had carried on her love of and success in equestrian competitions. Duggin testified that not only did her leg injury prevent her from riding or showing horses, it also barred her from the endeavors of the family in the raising and showing of swine and sheep. Duggin displayed awards she had won at prior livestock shows, but testified that as a result of injuries sustained in the dog’s attack, she was unable to shear sheep and exercise or clip pigs in preparation for the most recent livestock show.

Dr. Walker confirmed that it would be painful for Duggin to ride horses and Brown, Trierweiler, and Raymond all confirmed that Duggin was unable to do so. Brown, who was still training Kensie, testified that he personally witnessed how deeply the injury had emotionally affected Duggin, bringing her to tears.

Duggin testified that before she was bitten by the dog, she (in addition to riding horses) was on a swimming and diving team and regularly used her treadmill at home. She also practiced sports with Tye and Kensie, who both played basketball and softball. Raymond testified that before the dog bite, Duggin and her husband often walked around the neighborhood together but
that Duggin’s pain from the injury now prohibited her from doing so.

Duggin and Trierweiler both testified that Duggin could no longer play with her children.

Duggin explained that the pain of her leg was so severe that she was now forced to become sedentary, that she had no option but to elevate her leg when she got home, and that she had gained weight as a result of her forced inactivity. Duggin indicated that she experienced no relief from the throbbing pain in her leg and that the disfigurement to her leg occasioned by the dog bite
(including bulging veins) distressed her.

Duggin lifted her pant leg for the jury to see the veins and scars, which she described as ugly, and she revealed it had caused her to refrain from wearing
shorts. Because she was concerned about her leg’s physical appearance, Duggin visited a plastic surgeon, who told her that plastic surgery would not alleviate the situation.

Duggin’s husband, Tim Duggin, testified that the whole family had been affected by Duggin’s injuries and that he had heard his wife crying in the shower at times. He said that Duggin took more breaks at school due to leg pain and that she could no longer use the treadmill or be with their animals because she had to rest and ice her leg every day.

Duggin testified that if Tim
accidentally bumped her leg at night while they were in bed, the resulting pain caused her to lose sleep. Tim and Duggin both testified that they were concerned about future health problems which could be caused as a result of the injury.

III. Award for Future Physical Pain and Mental Anguish Is Supported by the Evidence
The jury was given a single blank to determine what amount, if any, would fairly and reasonably compensate Duggin for future physical pain and mental anguish. The jury answered with a figure of $350,000.00.

The Turners argue that this award must be overturned because there was no evidence that Duggin would suffer mental anguish in the future. We apply the same standards of review to legal and factual sufficiency challenges to the evidence supporting a jury’s damage award as we do to legal and factual sufficiency challenges on a jury’s liability findings.

See Gen. Motors Corp. v. Burry, 203 S.W.3d 514, 549 (Tex. App.—Fort Worth 2006, pet. denied).

Since the Turners lodged no objection to the lack of segregation in the jury charge of the mental anguish damages from the question pertaining to physical pain damages, we cannot now differentiate between the award of one kind of damage from the other.

Here, there is no real dispute that Duggin established the existence of physical pain. The question is whether the jury awarded too much for the combined line item of future physical pain and mental anguish.

The nature, duration, and severity of Duggin’s injuries and their impact on her life were well established by the record and a reiteration of those things already described would be redundant.

“Texas has authorized recovery of mental anguish damages in virtually all personal injury actions.”

Based on the nature, severity, and duration of Duggin’s injuries and due to the testimony of the medical personnel, the jury was free to determine that the mental anguish suffered by Duggin in the past would not subside in the future.

Thus, on the record presented here, we find that the evidence was both legally and factually sufficient to establish that Duggin would suffer mental anguish in the future.


IV. Sufficient Evidence Supports the Jury’s Gross Negligence Finding
Because (1) Oscar was a vicious dog and (2) the Turners failed to contain him, (3) even though they knew he had bitten others, and (4) was escaping from their yard, we conclude that the jury’s finding of gross negligence was supported by clear and convincing evidence and was not contrary to the great
weight and preponderance of the evidence.

Timothy has additional culpability because the evidence shows that he encouraged the viciousness of the dog by training him or encouraging him to bite humans.

Given the jury’s finding that the Turners knew of Oscar’s vicious propensities, a
reasonable jury could determine, by clear and convincing evidence, that failing to ensure that the dog was secured in the yard by chaining or enclosing him (especially when the Turners were out of town) posed a likelihood of serious injury to others, even when viewed objectively from Turners’ standpoint.

A jury could certainly reasonably conclude that Paula and Timothy were both
negligent in entrusting the monitoring of the vicious animal to a mere child—who eventually left open the gate, allowing the animal to roam free in the neighborhood. Thus, the evidence supports the objective component of gross negligence.

...the evidence shows (1) that Timothy encouraged the vicious propensity
of the dog for his own benefit and (2) that the Turners knew about the peril of their vicious dog escaping and biting others, but did not care.

VI. Conclusion
We affirm the trial court’s judgment. 

(Justia.com - March 31, 2017)

Earlier:

Friday, May 19, 2017

(March 2017) Georgia: Alyssa Duvall beat a dog with a frying pan because it peed on the floor. Her mother is a hero because she saw a video of the beating and called the police herself.

GEORGIA -- A Calhoun woman has been arrested after a video was posted online of her hitting a dog with a frying pan, according to the Gordon County Sheriff's Office.

The video has been swirling around Facebook. Tina Lane reposted the video after someone sent it to her. She told FOX 5 Monday, the video is disheartening.


"I can't imagine the mentality or heartlessness of someone who would beat on a dog," Lane said.

A sheriff's deputy responded to an animal cruelty report on March 11, just after noon. The complainant, Vera Fowler, told authorities she was notified of a video online showing that her daughter, Alyssa Renae Duvall, 19, hit a dog with a frying pan.

"I was appalled, sickened and teary-eyed for that poor dog in her care," Lane said.

Inside this normal American house, police say
Alyssa Duvall beat her dog with a skillet

Duvall was charged with a misdemeanor account of cruelty to animals, according to police. Fowler was not home at the time of the incident, but a witness was, according to the deputy's report.

According to police, the witness Marissa Shaye Cannon told the deputy that Duvall did hit the dog with a frying pan after it urinated on the floor and bit Duvall [I'm sure it only bit her because she was abusing it. In the video, the dog is cowering in the corner of the room where it ran to get away from her. If it were vicious, it would have killed her].

"There's never an excuse for that sort of violence," Lane said.

Authorities have obtained a copy of video, which is going viral online, and took photos of the dog as evidence in the case.


Lane said she is disappointed Duvall was only charged with a misdemeanor. She said she hopes the Gordon County District Attorney's Office prosecutes Duvall to the fullest extent of the law.

"I was under the impression that Georgia was pushing for stronger animal violence, animal abuse laws and punishment," Lane said.

Neighbors now wonder if Duvall will be allowed to keep the pet.

"It’s the same as hitting a kid or an elderly person -- it can’t defend itself," Ranow said. "The sad part is that it will go right back and love her again because pets are loyal. That's what they do."

For now, the dog remains with Gordon County  Animal Services.

Duvall was given a $1,000 bond. After paying the standard 10% ($100) she was released from jail.

VIDEO:


Alyssa pretending to be 27 on MeetMe.


(Fox5Atlanta - March 22, 2017)

Thursday, May 18, 2017

(March 2017) Georgia: Caught on surveillance video by an 8-year-old boy who saw him raping a dog, Cruz Barrera-Lugo, 61, makes his second court appearance

GEORGIA -- The case against a Lawrenceville man accused of RAPING engaging in a sexual act with his employer’s dog moved forward this week, though the charges against him were altered slightly.

Cruz Barrera-Lugo, 61, sat emotionless in the Gwinnett County Magistrate courtroom flanked by his attorney and a Spanish-speaking translator Friday as Gwinnett County Police Officer Kevin Fieldgrove laid out the state’s case against him.

Officer Fieldgrove said he was called to a house in Lawrenceville Feb. 11 to check out what he originally referred to as a “domestic dispute.”

The owner of the home reportedly told Officer Fieldgrove his 8-year-old nephew had been watching the home’s security footage on a computer when he saw “a man in the backyard messing with his dog.”


It was reportedly the family’s hired landscaper, Barrera-Lugo, who had been tending the family’s lawn every two weeks for about a year.

Officer Fieldgrove said the home owner went outside to confront Barrera-Lugo.

“He said the (landscaper) went pale white,” Fieldgrove said. “He tried to plead with (the homeowner) not to call the police.”

Officer Fieldgrove said he watched the security tape when he got to the Lawrenceville home. It allegedly showed Barrera-Lugo coaxing the dog into a corner of the yard and pulling down his pants before RAPING engaging in a sexual act with the animal.

When Officer Fieldgrove couldn’t find Barrera-Lugo to arrest him, the police released information about his case to the media.

Barrera-Lugo turned himself in soon after. He was booked into Gwinnett County jail Feb. 13 at 4:47 p.m. on charges of bestiality and cruelty to children in the second degree, according to jail records.

The felony charge of cruelty to children in the second degree means a suspect is accused of causing cruel or excessive mental or physical pain to a minor, according to Georgia law.


Officer Fieldgrove said Friday he felt that charge appropriate for Barrera-Lugo’s case. He said the 8-year-old involved in the case had suffered cruel or excessive mental pain when he watched his family’s landscaper engage in a sexual act with his dog.

But Barrera-Lugo’s attorney, Eric Crawford, argued the state had no evidence the boy suffered that degree of mental pain. The court agreed.

Barrera-Lugo will still face a felony charge of bestiality when he comes before Gwinnett Superior Court, but child cruelty charge was dropped to third degree — a misdemeanor.

Barrera-Lugo may have to wait in jail until his superior court date arrives. Crawford argued bond for his client Friday, but it was denied.


(Gwinnett Daily Post - March 3, 2017)

Earlier:

Sunday, May 14, 2017

March 2017 - North Carolina: Remington the Golden Retriever joins UNC's baseball team as team mascot / therapy dog

NORTH CAROLINA -- Carolina baseball has a new teammate this year, but this member has four legs, not two.

Remington, a 2-year-old Golden Retriever, is Carolina’s first athletics training room assistance dog.



Remington’s official title is psychiatric medical alert facility rehabilitation service dog. He works with Terri Jo Rucinski, coordinator of the physical therapy clinic and staff athletic trainer for the team, to help players who are recovering from injuries.

Rucinski has worked with the team for 12 years and says the atmosphere this year is different with Remington around. Student athletes who underwent surgeries in the fall turned the corner emotionally really quickly, Rucinski says.


“I’d like to think he had something to do with it,” she says.

For the team, Remington has been a source of comfort. For fans, he’s been a source of joy. Remington stands with the team and holds his hat or a glove during the National Anthem, carries water to umpires and offers up fist bumps and high fives to players.


“This is the first time I’ve ever had a dog or any sort of assistance dog helping out with any team I’ve been a part of,” says junior and outfielder Brian Miller. “It’s like a bond that I have with any of my teammates really."

Let’s hope every team follows UNC’s lead, because there really isn’t a better way to lift the morale and spirits of a team than a very good clubhouse dog.


(UNC Baseball - March 25, 2017)

Related:

March 2017 - North Carolina: Candace Christopherson, former director of the Carteret County Humane Society and Animal Shelter, under investigation for embezzling more than $100,000 from the non-profit

NORTH CAROLINA -- The State Auditor says the former director of the Carteret County Humane Society and Animal Shelter embezzled more than $100,000 from the non-profit shelter by making personal purchases on the shelter's credit cards and misappropriating some of the shelter's cash receipts

The State Auditor's Office has turned its findings over to the Carteret County District Attorney's Office to determine whether criminal charges should be filed in the case


According to an audit released today, the former director spent more than $67,000 on personal expenses including steaks, gas, a Netflix subscription, online dating and her child’s daycare.

Auditors also found that more than $44,000 in cash generated by the shelter's activities wasn't deposited in the organization's bank account between January 2015 and last September.

The audit did not name the director, but says the 2,243 credit card purchases took place between January 2014 and July of 2016. Several news stories in recent years listed Candace Christopherson as shelter director.

According to the website, the shelter takes in over 3,200 animals each year.


The audit listed the following examples of questionable purchases:

Convenience store purchases totaling $15,617
The former Shelter Director purchased personal items including gas, cigarettes, cigars, energy drinks, alcoholic beverages, sodas, candy, snacks, dairy products, and other general merchandise. According to a Shelter employee, the former Shelter Director was also seen purchasing fuel for a friend using the Shelter’s credit card.

Questionable purchases at Walmart totaling $8,496
The former Shelter Director used the Sam’s Club credit card to purchase clothing, groceries, and baby supplies at Walmart.

Purchases included New York strip steaks, baby back ribs, Visa gift cards, diapers, an Easy Bake Oven child's toy, women's capri pants, over-the-counter medications, and toiletries among other personal items.


Questionable expenditures at restaurant and fast food establishments totaling $4,318
A review of the credit card expenditures revealed a total of 156 charges for meals over a 30-month period. Interviews with current and former Shelter employees and the former Shelter Director indicated that some of the meals were personal. In addition, the former Shelter Director could not produce receipts or a documented business purpose for the majority of meal charges.

Other Personal Expenditures
A review of the Shelter’s credit card statements showed that the former Shelter Director spent:

  • $11,343 on phone purchases and cellular services through Verizon and other carriers
  • $6,529 for local car rentals from Avis and Enterprise and personal auto insurance
  • $5,995 for utilities, a storage rental unit, and temporary living arrangements including the Hostess House and Holiday Inn Express
  • $3,200 for her children’s day care
  • $3,000 for a down payment on a Chevrolet Traverse for her personal use
  • $950 on entertainment including sporting goods, Xbox Live, Redbox, Netflix, online dating, movie tickets, and a WWE pay-per-view event
  • Four deposits to correctional facility inmate account(s) totaling $558

The report says the former director had 3 credit cards the shelter’s board did not know about. They have since canceled the cards.

The treasurer of the shelter’s board didn’t maintain adequate oversight of the shelter’s credit cards, the audit report states. The fact that the treasurer didn’t review monthly credit card statements allowed the director to misuse the cards for some time without being caught, the report states.

“When investigators asked the Treasurer if she had reviewed the credit card statements, she responded, ‘I just don’t have time to do that,'” according to the report. “She added that she just tore off the bottom portion of the statement so she could pay the outstanding balance,” the report says.


"A shelter employee said all cash collected was kept in a locked drawer in the former shelter director’s office. The employee added she would see cash in the locked drawer one day, and the next day it would be replaced with a 'sticky note' from the former shelter director indicating that she owed the shelter money," the audit states. "Another shelter employee stated she witnessed the former shelter director separating the cash from shelter sales receipts and placing the cash in her back pocket."

The former director couldn't explain the missing cash and didn't have receipts to document the purpose of her various purchases, according to the audit.

Auditors criticized the shelter for its lax fiscal controls, noting that the former director continued to charge personal items to shelter credit cards even after she resigned and that another $1,000 was stolen from the shelter's cash drawer last December when the new director was out of the office.

Mark Mansfield, chairman of the Carteret County Board of Commissioners, said the county now requires the shelter to submit monthly financial statements and a full annual audit to county officials in order to obtain county funding.

I have to question the reasoning of whoever hired her as the Shelter Director for the Carteret County Humane Society and Animal Shelter. Looking at her LinkedIn profile, I'm wondering what experience she had? If you were sitting there, looking to hire for the position, and Candace's resume landed on your desk, would you have hired her for the Director's position? 

Her previous job is listed as being a sales associate at a boat store. Her description of her job duties sounds more like an administrative assistant position. Yet that was enough for the Carteret County Humane Society and Animal Shelter to pick her over all the other possible candidates for such an important job at the shelter. 

I'm not saying everyone has to have a college degree, but what experience did she have? I could see it if she had started at the bottom as a kennel worker (walking dogs, cleaning cages/litter boxes, etc.) and worked her way to the top. That's an admirable goal -- someone with the dedication to learn everything they can about where they work, take every opportunity to move up and get more responsibility (and pay). But it doesn't look like it here.



On the other hand, maybe she did do just that - and on LinkedIn didn't break it down to list all the different positions she had at the shelter before being named the Director. Either way, it's a shame because she was given the brass ring and stole from the people who trusted her (allegedly). That's worse, I think, than criminals who steal from strangers. 

If she's convicted, she's basically poison - no one is going to hire her at the salary she was making. I don't know exactly what she was making but I know of another Shelter Director who worked at a non-profit who made like $55k/year - and in a Southern state, not like NYC where salaries are much higher due to the higher cost of living. If anything, she might be able to get another 'sales associate' job paying $14/hr. This means the shelter, which relies on donations to save animals, will never get repaid for the money she (allegedly) stole. 

LINKEDIN
Candace Christopherson
Shelter Director at Carteret County Humane Society, Inc & Animal Shelter
Newport, North CarolinaNonprofit Organization Management
Current: Carteret County Humane Society, Inc & Animal Shelter
Previous: Coral Bay Marina, NEXTEL
Education: Forest Grove High School, Forest Grove OR

Shelter Director
Carteret County Humane Society, Inc & Animal Shelter
September 2005 – Present (11 years 9 months)
I wear all hats! From cleaning to Grant writing..... and still love what I do!

"Be their voice..........."

"One paw at a time..... We ARE changing the world!"

Sales Associate
Coral Bay Marina
2003 – 2004 (1 year)
As Sales Associate I was in charge of entering, proofing and preparing all paperwork, pictures and schedules of maintenance of New and used boats being placed for sale. Assisting salesmen with all needed paperwork for sales of boats, trade-ins and new boat ordering, checking and posting on line. Scheduling of maintenance and upgrades.

In charge of advertising from local to billboards, billing for reimbursements. Employee time cards, day to day operations. Customer Service, cash handling and daily mail runs and to do lists.

Corporate Account Specialist
NEXTEL
1999 – 2002 (3 years)
Assisted the Corporate Accounts manager with any project asked of me. Training classes for new customers, billing and technical issues of phones for all of the managers accounts. Assisted with multiple projects that were to be completed at same time, multi tasked with 2 computers, 4 landline phone system as well as 2 cell phones. Learned all available phones for sale, able to troubleshoot for all accounts in and out of state.

Direct contact with warehouse and tech teams. Reports and statistics for each business account, change plans as needed.


(WNCN -  March 16, 2017)

Related:

Saturday, May 13, 2017

Arizona: After little dog mauled by pit bull, Pima Animal Care Center hands the dog back over to its owner, does nothing about charging the owner with having a vicioius dog - and 4 days later, the same pit bull attacks a little girl's dog, killing it right in front of her

ARIZONA -- IT'S CLAIMED THAT "staffing issues" at the Pima Animal Care Center played a role in an “unusual” case where a pit bull mauled a dog to death in Sahuarita just four days after it attacked another dog out on a walk with its owner.

An official with PACC, which handles animal control for Sahuarita, acknowledged the agency didn't thoroughly investigate the first attack until after the second, fatal attack, because claims they are 'short-staffed' and has a backlog of hundreds of calls.

Hey morons. If you've got "hundreds" of backlogged calls, here's an idea. Throw out all the barking complaints. Throw out all the calls about stray cats roaming around. Throw out all the 'stray, non-aggressive dog roaming loose' calls. Throw out all the 'cats peeing in my bushes' calls. Throw out all the 'lady walks her dog on a leash and lets it poop in my yard' calls. 

FOCUS ON THE VICIOUS DOG CALLS!



The first attack occurred about 11 a.m. Feb. 17 in the 13000 block of South Camino Paso Corto, in Rancho Sahuarita. A woman was walking her terrier mix, Kuro, and her miniature Doberman Pinscher, Pippy, when she came across the pit bull.

“I crossed the street and when I got to the other side, we came face to face with this loose dog. I hadn’t seen it,” said the woman, who the Sahuarita Sun is not identifying because she is a victim.

“It sniffed Kuro and then just attacked. It latched onto his throat. I was yelling at it and I started hitting the dog and it wasn’t responding at all.”

Another woman ran across the street and started hitting the dog, too, the woman said.

“It just wouldn’t let go and I thought my dog was dead,” she said. Moments later, a man jumped his fence and started “whaling” on the dog and it finally let go, the woman said.

“It was just so traumatizing,” she said. “I’m a small person and I realized in that moment how weak and helpless I was against this dog.”

She said the group of strangers helped avoid a worse outcome for 14-pound Kuro.

“They really saved my dog’s life. If it had gone on any longer, he’d be dead,” she said. “I didn’t get any of their names and I just want to thank everyone who helped out.”

Friends called the Sahuarita Police Department as she rushed Kuro to a vet.

According to PACC records, a man followed the pit bull to the backyard of a home in the 800 block of West Camino Capria and confined it. A police officer contacted PACC, which sent a field officer to impound the pit bull, later identified as 9-year-old Gabby.

Shortly before 3 p.m. that day, the vicious pit bull was released to her owners, Gilbert Guerra and Yesenia Gonzalez.


Adam Ricci, PACC field services manager, calling the case “unusual,” claims they had no legal grounds to hold the pit bull after the first attack. He claims they were unable to reach Kuro’s owner because they didn’t have a correct phone number for her and claims they couldn’t file citations without witness statements.

“At that point in time, we only had third-party information. We didn’t have any witnesses,” Ricci said.

Although Sahuarita police had provided the PACC officer with the address of Kuro’s owner, PACC didn’t have the staffing to make contact with her immediately, Ricci said.

The incident was classified as a Priority Two call and joined a queue of more than 150 other Priority Two calls, which typically take PACC officers seven to 14 days to respond to, Ricci said.

I don't believe that they have 150 other calls sitting there. That's impossible. Do a FOIA and prove it. You're telling me they have officers in trucks, driving around and not one single person could drive to the victim's house -- WHEN YOU CLAIM THAT THE ONLY OTHER OPTION IS TO RELEASE A VICIOUS DOG BACK TO ITS OWNERS??!!

Priority One calls involve such things as rabies exposure, bite calls in which the animal is still at large, and calls where first responders such as police need immediate assistance, Ricci said. PACC has five or six officers handling pending calls, which often exceed 400, he said.

“We do the best we possibly can with the resources available to us,” Ricci said.

Gabby was released after her owners paid $128, which included an impoundment fee and a late licensing fee because they had let her license lapse, Ricci said.

Second attack results in a dog being mauled to death by the same pit bull, thanks to the Pima Animal Care Center

Four days later, a 10-year-old girl and her friend were collecting donations door-to-door for a cancer charity with the girl's 2-year-old dog, Buddy, according to PACC reports.

When they arrived at the Guerra/Gonzalez home, the mother of one of the girls told the Sahuarita Sun that the other girl went to the door. Her daughter stood in the driveway with both leashed dogs.


The vicious pit bull, which had just been handed back over to its moronic owners by the Pima Animal Care Center, pushed her way out when a child opened the door a crack and immediately attacked Buddy, one of the two dogs, the girl's mother said.

“My daughter was so scared she let go of the leash and grabbed the other dog,” she said.

Several neighbors heard the girls’ screams and ran to help, according to reports. One used a stick to beat the pit bull and pried its jaws apart, releasing Buddy. 

The girls ran to a home across the street.

“I thought both girls had been attacked,” the mother said. “I saw (the friend) covered in blood and I said, ‘Oh my God, what happened? What’s going on?’ and (the girl) said, ‘It’s not mine, it’s my dog’s.’”

Both girls were sobbing and the dogs' owner pleaded for help but it was too late, the mother said.

“My daughter told me, ‘The dog attacked Buddy and I let the leash go. It’s my fault. It’s my fault,” she said.

The woman called 911 and was transferred to PACC. She then called the other girl’s mother.

Gonzalez arrived home a short time later, according to the mother.

“The first thing she said was, ‘Oh, they’re going to put her down. It’s happened before,’” she said. “I asked her, ‘Why do you still have the dog if it’s happened before?’ But she never answered me.”

PACC arrived and took the pit bull away.

The Sahuarita Sun could not reach the pit bull’s owners or the family of the girl who lost her dog.

Adam Ricci, field services manager at the Pima Animal Care Center (PACC) admitted that NO EFFORTS were made to reach Kuro’s owner in the FOUR DAYS between the time they discovered they had a wrong phone number for her and the time of the pit bull's fatal attack on the second dog. 


I see lots of dollar signs $$$ and a lawsuit facing the Pima Animal Care Center for gross negligence.  

Related: Arizona: After woman is terrorized by her neighbor's pit bulls, Pima Animal Care Manager ADAM RICCI refuses to enforce Pima County's own vicious dog laws. Why? Turns out he's founder of a pit bull advocacy group!


After Buddy was killed, the pit bull was impounded again and the PACC officer, using the address previously provided by Sahuarita police, went to Kuro’s owner and asked if she could identify the pit bull, which she did.

Sahuarita is among several communities that contract with PACC for animal control services. The town's contract ends June 30. Last month, Teri Bankhead, assistant to town manager Kelly Udall, said Sahuarita will likely extend the contract despite a 140 percent increase over the last four years.

In that interview for a different story, Bankhead said Sahuarita receives few complaints about PACC’s services.

“We’re always looking into making sure we get the best service, the best response times, but yes, generally, I’d say we’re happy with their services,” she said.

Owners given tickets

Knowing that they had screwed up royally by not doing anything about the pit bull after the first attack, officers quickly issued the pit bull’s owners two “leash law” citations and two “keeping dangerous animal” citations and ordered to appear in Sahuarita Municipal Court on March 21.

They were also advised that if they wanted to bring the pit bull home, they would be required to appear before a public hearing officer and abide by conditions geared toward keeping the public safe.

Gonzalez initially said she wanted to bring the pit bull home, but the couple ended up relinquishing the dog - likely after they saw all the restrictions and costs involved in order to keep the killer dog should it be deemed vicious in court - and she was euthanized Feb. 27.

Each “keeping dangerous animal” citation carries a fine of at least $100 and no more than six months' jail time. A first-time lease-law violation is punishable by a fine of up to $300 and a second-time violation carries the same fine. The couple could also be ordered to pay restitution, not to exceed $1,000 per victim, Ricci said.

Kuro, who is 9, underwent surgery for lacerations to his throat and was hospitalized overnight, her owner said. Her vet bill came to nearly $1,500.

“Kuro’s fine now, but he doesn’t have as much spunk,” her owner said.

The woman relayed her story to a Sahuarita police officer the day of the attack, but was unaware PACC officers needed to speak to her as well. She felt “just terrible” when she heard about the attack on Buddy.

“I feel really bad about the girls; I almost feel like it was my fault he got back out, but I thought I did my due diligence by talking to the police. I thought the dog was still locked up,” she said. “I had no idea they would let it go home. Why would they? It didn’t make any sense to me.”

(Sahuarita Sun - March 10, 2017)

Earlier:

Thursday, May 11, 2017

March 2017 - Wisconsin: After hearing, judge rules career criminal Andrew Collette will face trial after being accused of beating Pepe the Papillon to death

WISCONSIN -- A Columbia County judge on Thursday ruled there was enough evidence against a Portage man accused of beating a family dog to the brink of death to warrant a trial.

The man’s attorney argued that no one really knows what happened to the dog.

Andrew Collette (Andy Collette), 38, sat at the defense table as a Portage police officer testified about interviews with the dog’s owners, a Lodi veterinarian and Collette himself about the events surrounding a dog being crippled and euthanized in February.


Sgt. Michael Schutz described the condition of the 9-pound papillon spaniel at the end of its life, according to the Lodi veterinarian who originally called law enforcement to report suspected abuse. The dog suffered multiple hip fractures, a broken pelvis, a collapsed lung and likely brain damage as the pupils of the dog’s eyes were different sizes at the time.

The dog’s owners — Eric and Brandy Rose, who attended the hearing — said that they had known Collette and his then-girlfriend well, having lived across the street from them for more than a year.

On Feb. 18, Collette was helping to set up the family’s TV surround-sound system, when, according to court documents, he asked Brandy Rose to get him some tools from Walmart to finish the job. She and a friend went to the store and later her husband took the kids and went to the park, leaving Collette alone with their two dogs.

“Upon returning home, she stated that things were not normal,” Schutz said of Brandy Rose’s statement to police. “Normally when she would come through the door, both dogs would come running up to her and she stated that only one of the dogs ran up to her.”

When she asked Collette what had happened, Collette reportedly told her that the missing dog, Pepe, had jumped through the window, but didn’t know where it was.

After a search of the house, Collette found Pepe under a bed.

How interesting that he "found" him. They say that murderers often help with the search of the missing person and then conveniently "find" the victim's body, ensuring that their fingerprints, DNA, etc. is found at the scene in an "innocent way". 

Proceedings were occasionally paused as defense attorney Roger Klopp objected to questions on the basis of Schutz’s testimony being hearsay, or hearsay of hearsay, such as Schutz’s explanation that no one was in the house at the time of the dog’s injury except Collette.

“If you bring witnesses that say someone else was there, then I’ll consider it,” said Judge Alan J. White, “because hearsay is admissible in preliminary hearings.”

“At some point did you speak with Andrew Collette?” Assistant District Attorney Crystal Long asked Schutz.

“Yes I did,” he replied, going on to say that Collette “indicated that no one else was with him,” and that when asked about the condition of the dog, Collette said he was working on the electronics and the dog had run over, “prancing” with its paws on the window and that as Collette looked away, the glass broke and he then saw the dog running away.


“So he told you that the dog ran away,” asked Long.

“Correct,” said Schutz, who in response to questions about Brandy Rose taking the dog to the veterinarian, told the court that the veterinarian reported that the dog was unable to stand.

Klopp asked Schutz when it was that the owners last saw the dog, to which Schutz was not able to say.

“So when she left the house, you don’t know if the dog was injured or not, do you?” asked Klopp.

“Correct,” Schutz answered.

When asked the same about Eric Rose leaving with the children, Schutz said the dog was last seen, “prior to him leaving,” but without an exact time.

“So you don’t know if the dog was injured at the time that Mr. Rose left the house either,” said Klopp.

“Correct,” said Schutz.

“So no one saw the dog being injured,” said Klopp.

“Besides the comment about the dog prancing on the window,” said Schutz.

Klopp asked if the veterinarian had seen what happened or if she knew how high the window in question was from the ground, to which Schutz said the general layout of the house was known, including that, “the dog was supposed to have gone out of a first-story window.”


At the conclusion of testimony, White ordered Collette, who has been in custody on a probation hold, to be bound over for trial, with arraignment scheduled for April 2.

The Roses watched as Collette was escorted from the courtroom following the hearing.

“We want to be as involved as we can because I don’t know if that lawyer was a good one or a bad one,” said Eric Rose, “but all the questions he was insinuating, that’s the farthest thing from the truth and we don’t want any of that stuff to be considered for him to get off or anything.”

“I can barely go anywhere and the kids are upset,” said Brandy Rose, shaking as she wiped away tears with a tissue, “and he’s already been convicted of felonies before and he’s a dangerous person.”

ANDREW COLLETTE: CAREER CRIMINAL  AND SEX OFFENDER

In 2011, Collette entered a no-contest plea to counts of fourth-degree sexual assault and felony bail jumping, while in 2010 he entered a no-contest plea for violation of a sex offender registry and at the same time entered a no-contest plea to substantial battery.


June 25, 2010 article: "Andrew Collette, a registered sex offender, accused of badgering 16-year-old girl for sex"

“When they say that the kids were being rambunctious, they were just being kids and he yelled and screamed and hollered at my son and told my daughter to shut up, so the judge didn’t hear the real part of that,” said Eric Rose. “That’s why I left.”

He said there was a broken window in the house, but that there was no way Pepe could have been injured in a fall, given that it was a double-pane window with a screen and that only one pane had been broken.

If convicted of the single count of felony mistreatment of an animal, Collette faces up to three and a half years in prison.

Wisconsin Department of Corrections
Offender Basic Information Sheet
Name: COLLETTE, ANDREW B
Aliases
ANDREW BRIAN COLLETTE
ANDY COLLETTE
LIZARD COLLETTE
LIZARD BOY COLLETTE
THUNDER COLLETTE
DOC #: 00258521
Birth Year: 1978
Age: 38
Height: 6' 2"    
Weight: 161
Race: WHITE
Hair Color: BROWN
Eye Color: HAZEL
Sex: MALE
Dexterity: RIGHT HANDED

(WiscNews - March 30, 2017)

Earlier:
Related:

Thursday, May 4, 2017

West Virginia: Darrel Swisher, 66, fails to get animal cruelty charge, accusing him of draggin his dog behind his ATV ripping off its skin, dismissed

WEST VIRGINIA -- A Doddridge County magistrate has found probable cause for a felony animal cruelty charge against a 66-year-old New Milton farmer accused of torturing a dog by dragging it behind an all-terrain vehicle.

Darrel E. Swisher’s case now heads to circuit court. There, Prosecutor Brooke Fitzgerald and defense attorney Greg Schillace are likely to renew the battle over evidence, police procedure and witness reliability that began during Thursday’s hearing.


Swisher is accused by Doddridge Deputy Andrew Menendez of kicking black Lab mix named Duke on Feb. 20 and then attaching the animal to a four-wheeler using a short leash. Swisher drove away at a high rate of speed, dragging Duke and leaving him with patches of skin torn away, Menendez has alleged.

That the animal was injured wasn’t an issue in Thursday’s hearing before Doddridge Magistrate Jamie Lou Moran. Deputy Swisher testified about observing the missing patches of skin.

Dr. Cynthia Linner, a veterinarian at Bridgeport’s Animal Clinic who treated Duke following his seizure by Animal Control Officer Rodney Trent, said the animal had suffered something akin to road rash on its thigh, front leg and inner leg. The dog also had its carpal pads — located inches above the paw — torn on its front legs, Linner testified.

The dog was hospitalized for a week at the veterinary clinic.

Schillace appears ready to attack the state’s case on multiple fronts.

First, Schillace tried to question the main eyewitness to the alleged animal cruelty about his criminal history. While Fitzgerald successfully blocked that during Thursday’s hearing, it’s likely that, if the case goes to trial, jurors will learn that the man is listed on the state’s sex offender registry or at least that he has a prior felony conviction.

The eyewitness testified Swisher used what appeared to be a ratchet strap to attach the animal to the four-wheeler, leaving maybe a foot between the vehicle and the dog. The animal’s front paws weren’t touching the ground during the time he could see it, the eyewitness testified. The dog tried to keep up at first, but then flipped over on its side and was dragged, the eyewitness testified.


In his closing argument, Schillace said that testimony didn’t comport with the animal having suffered the injuries to the carpal pads on its front leg.

Schillace also appears ready to attack the charge in the same way defense lawyers go after malicious assault counts. In both malicious assault and felony animal cruelty, intent is a key part. Prosecutors and defense attorneys alike agree that proving intent can be tough.

But the defense’s bid to probe whether Swisher intended to torture Duke appeared to take a hit during the hearing when Dr. Linner and Deputy Menendez insisted they believed that’s just what had happened to the black Lab.

And when Schillace asked Trent if he’d seen other dogs injured in a similar manner, the animal control officer replied, “No, not very many.”

Trent grew up on the same road as Swisher’s horse, cattle and chicken farm, and he has known the defendant throughout his life.

Schillace later asked Trent whether some Doddridge County residents treat their animals’ injuries. “Probably not injuries this bad,” Trent replied.


Schillace also questioned whether the animal could have been injured some other way in between the time the eyewitness allegedly saw what happened and Deputy Menendez’s arrival.

Swisher voluntarily gave up the animal to Trent, the animal control officer testified. Swisher said Duke was a “pretty good dog but won’t stay home,” Trent testified.

Duke had no symptoms of malnourishment or dehydration, witnesses agreed.

He didn't starve the dog. He was angry because the dog kept running off so he decided to 'teach it a lesson' and drag it home. Case closed.

Another issue that could come up is whether Menendez needed to obtain a search warrant first, according to statements during Thursday’s hearing.

If convicted of the felony, Swisher could face 1-5 years in prison and a fine of between $1,000 and $5,000. Swisher also would lose ownership of the dog and would be precluded from possessing any animals for 15 years.


Duke has been released from the Audubon Animal Clinic to the Doddridge County Humane Society. The Humane Society assists him voluntarily by arranging for care of injured animals in Doddridge County, Trent testified.

Swisher remains free on a $1,000 personal recognizance bond.

(Theet.com - March 9, 2017)

Earlier: