North Dakota: Wesley Peltier, 53, charged with animal abuse, accused of striking, strangling dog

NORTH DAKOTA -- A 53-year-old Minot man is accused of strangling and beating his dog.

Wesley John Peltier (aka Wes Peltier) is charged with Class A misdemeanor animal abuse in district court in Minot.

According to the probable cause affidavit filed with the court, police responded to the southwest Minot residence on Tuesday, Jan. 23, for a report that Peltier kept going outside his house and yelling and then going back outside.

The dog had been left outside in the fenced in backyard in 13 degree temperatures.

An officer reported watching Peltier holding the dog around the neck and lifting it off the ground into the air. He appeared to be strangling the dog. 

The officer also saw Peltier hit the dog and slam the dog onto the ground. The dog had blood on its face.

Police placed Peltier, who appeared to be extremely drunk, under arrest. The dog was taken to the city pound.

Dyjasek pleaded not guilty to all of the charges. Court hearings were scheduled for Feb. 20th and Mar. 7th.

Dyjasek was released Tuesday from the Indian River County Jail after posting $45,000 bond.

(WDay - Jan 26, 2018)

North Dakota: Key witness says Gary Dassinger, who has been charged with animal cruelty, secretly fed him horsemeat

NORTH DAKOTA -- A district judge in southwest North Dakota will hear more testimony before deciding whether to take away a Gladstone man's horses and cattle.

Judge Rhonda Ehlis - who is the judge who blocked the previous judge's order - continued the civil case over the seizure of Gary Dassinger's animals on Monday after a nearly-four-hour hearing at the Stark County Courthouse—which included bizarre stories about the care for the animals and at one point a ranch hand saying the owner fed him an "equine" roast.

Dassinger, who owns a ranch south of Gladstone, is accused of animal neglect after authorities claimed that his horses and cattle were not fed properly.

Dassinger has been criminally charged with four counts of animal cruelty, all Class C felonies, and six counts of animal neglect, all Class A misdemeanors.

The Monday hearing concerned the seizure of the animals. State law allows law enforcement to seize animals with a court order, and the owners of animals do not have recourse. Ehlis, with the support of attorneys in the case, decided to hold the hearing to protect Dassinger's due process rights.

That ranch hand— John Connor —who helped take care of Dassinger's animals testified at the Monday hearing, as did Stark County Sheriff Terry Oestreich.

Stark County State's Attorney Tom Henning presented photographs that were taken by Oestreich on April 22 to the court.

The photos depicted a number of horses and cattle that Oestreich considered "thin" and emaciated, as well as multiple dead cattle on the premise.

There were also pictures that Oestreich claimed showed horses' hips and backbones sticking out as well as "junk" laying around the grounds with metal scraps and parts of fencing sticking up, which he claims could have cut a horse.

"I thought the horses were extremely thin and the place was an absolute mess," Oestreich said during the hearing.

He did not believe adequate food and water were provided. However, he said there was adequate shelter on April 22 based on the season.

A mare and foal were seized on site on April 22 because Dr. Kim Brummond from West Dakota Vet in Dickinson was concerned the horses would die without care. There was no court order for this seizure.

The prosecution also presented photos that were taken by a sheriff deputy on June 2, which allegedly showed brown and also some short, sparse green grass on Dassinger's land. Oestreich said he was concerned that the grass would run out depending on how long the seizure case was drawn out. The photos also showed a horse that had a gash on its chest, which Oestreich believed had not been treated.

Connor, a certified equine massage therapist, was hired by Dassinger to take care of his animals, beginning Jan. 1, 2017. Connor was a veterinary technician for three-and-half months in South Dakota, though he was not certified as a vet tech.

In October 2016, Connor came to Dassinger's ranch to discuss a plan for them to work together. Connor said they spent one day building fences and gates when he noticed the facility "needed some help." He wanted to know if Dassinger would put in a facility to allow him to train horses. He claims this was not done.

Connor claims that he recommended to Dassinger that he "pour" his animals, which involves putting a liquid on the animal that will help kill lice and worms. Dassinger said after the trial he has never poured his cattle and does not believe it pays to do so.

Connor said he was told to give the horses one bale of hay every other day, though he thought they needed at least two in that time span. Dassinger allegedly told Connor that the mares could eat the snow for water and forage for food. Connor said he did not believe the feed the animals were being given was a high-quality feed that Dassinger claimed it was.

Connor also claimed Dassinger fed him a "unique" type of roast.

"I thought it was pretty good beef, but it turns out it was equine," Connor said. "After I started eating it Mr. Dassinger informed me that it was equine."

Connor worked for Dassinger until mid-April. He ultimately left on April 21, the day before authorities received a call about the animals at Dassinger's ranch.

Connor also claimed that Dassinger owes him money, both for horses he helped sell and for work he had done for the ranch. Dassinger allegedly said he would pay Connor $1,200 a month for his services. This deal was not put into writing, Connor said. However, Connor says he was paid $900 in January and $1,000 in both February and March. He also says he received $500 for the portion of April in which he worked. In total, Connor claims Dassinger owes him $3,000 for mares he sold.

Dassinger's attorney Thomas Murtha questioned whether or not Connor was the one to report the condition of the animals to law enforcement. Connor said he had not started talking to law enforcement until two weeks into the case. However, he had been sharing information, including photos and videos, about the animals' condition with a friend in Wisconsin.

After the trial Dassinger said he had other veterinarians ready to testify on his behalf on Monday. He admitted the animals weren't in great shape, but claims his health condition and poor care by Connor contributed to this.

"They were in poorer shape than I've ever had them in my life," he said.

He also claimed that if the animals were in as bad of shape as the sheriff said they were they wouldn't have recovered.

That's not true. There have been cases of animals which were in body scores of 1 and couldn't stand that eventually recovered - after costly veterinarian intervention.

"The animals continue to get in better and better shape," Dassinger said.

The case was continued due to time constraints and will be picked up at a later date when there is room on the court calendar. The defense did not have an opportunity to call any witnesses and Ehlis indicated that the prosecution had at least one more witness who was set to give testimony in the case. Dassinger's initial appearance in the criminal case is currently scheduled for June 21.

(AGweek - June 5, 2017)

Earlier:

• North Dakota: Neglected horses, cattle to be seized from Gladstone rancher Gary Dassinger
• North Dakota: No one knows what they're doing. One judge says take the animals. Second judge, Rhonda Ehlis, butts her nose in and says give them back. Horses, cattle returned to Gladstone rancher accused of animal cruelty

North Dakota: One judge says take the animals. Second judge, Rhonda Ehlis, butts her nose in and says give them back. Horses, cattle returned to Gladstone rancher accused of animal cruelty

NORTH DAKOTA -- Seventy horses and 20 cattle were returned, at least temporarily, Thursday to a Gladstone rancher accused of abusing and neglecting them.

The Stark County State's Attorney's Office sued Gary Dassinger last month after a local veterinarian found some of Dassinger's animals were lice-ridden, dehydrated, starving and suffering from parasites. Two horses were severely crippled and put down.

A judge in Dickinson ordered a seizure of the animals. However, on Thursday, another Dickinson judge - Southwest District Judge Rhonda Ehlis - reversed that order, issuing an injunction for the animals return to Dassinger and granting a temporary restraining order against the state.

“Thank the Lord, (my) prayer’s been answered," Dassinger said.

Officials with the Stark County Sheriff's Office started taking the animals Thursday morning, but, before they were done, they had an order to return them, according to Dassinger.

"I couldn’t stand watching them (take the animals),” he said, tearfully.

DASSINGER SAYS IT'S ALL HIS RANCH HAND'S FAULT

Dassinger contends he hired the "wrong ranch hand" last year, and that the animals were thin, but he did not think they were emaciated. Dassinger also said he suffers some hip and spinal conditions that make it difficult for him to care for the animals.

He hired an attorney, Thomas Murtha, who filed for a temporary restraining order against the state on Thursday and requested that the state not take the animals. Southwest District Judge Rhonda Ehlis granted the temporary restraining order. The sheriff's office did have the option to contract with someone to care for the animals on Dassinger's ranch.

Ehlis could not be reached for comment on Friday. A phone call and email were not returned by Stark County State's Attorney Tom Henning.

Dassinger has been charged with four counts of animal cruelty, Class C felonies, and six counts of animal neglect. His initial appearance is scheduled for June 7.

Dassinger said he's not surprised by the charges, because he knew they were coming.

"It’s a bunch of bull crap," said Dassinger, adding that he intends to fight the charges with his attorney.

(Bismarck Tribune - May 26, 2017)

Earlier:

• North Dakota: Neglected horses, cattle to be seized from Gladstone rancher

North Dakota: Pigs reportedly stolen from Cando farm, videotaped being tortured and abused to death by teenagers at party

NORTH DAKOTA -- Disturbing rumors flying in a small North Dakota town that high schoolers are involved in stealing and killing pigs from a swine barn.

Now authorities anticipate charges coming.

"There was party going on three miles east of the Coolin nursery and someone had got into the barn." Said J.R. Gibbens.

J.R. Gibbens and his cousin run a number of businesses in Cando, including what he says is the largest swine farm in the state; it has over 18,000 pigs.

"Poor judgement on their part." Said Gibbens.

His office also is looking into whether the stolen livestock were abused at a party the same evening, including claims some of the animals were tortured and burned.

Gibbens says posts about the party on social media lead to them calling the Towner County Sheriffs. They say last week an investigation started at a party site near the Coolin Nursery.

"We found some pigs running around outside and it looked like the lock had been jimmied open." Said Gibbens.

The pigs found outside had to be euthanized. Gibbens says police also found the carcass of another pig. 

Rumors have been swirling that pigs were tortured at the party location. Police wouldn't confirm citing an on-going investigation.

There are three swine barns at the site and each one can hold up to around 6000 pigs. The pigs are in bio-secure locations in order to help prevent the spread of disease (and never see the light of day). Which is one of the reasons it's so concerning someone broke in and stole them.

"We go through a shower-in, shower-out protocol, disinfect the barns in between lots. Just to minimize the chance of any disease outbreaks," said Gibbens.

Now blood tests are needed and 6000 pigs are at risk because someone broke in.

"We don't dare put anymore pigs in there or take anymore out until we're pretty sure they're clean. Said Gibbens.

Towner County Sheriffs say they anticipate charges will be filed in the future.

The Sheriffs say they're in the process of interviewing people that know what happened at the party and say it might take some time because not everyone is from the Cando area.

VIDEO CLIP:

(ValleyNewsLive - May 23, 2017)

North Dakota: Neglected horses, cattle to be seized from Gladstone rancher Gary Dassinger

NORTH DAKOTA -- A judge in Dickinson has ordered that 70 horses and 20 cattle be seized from a Gladstone rancher accused of neglecting and abusing them.

The seizure order comes after the Stark County Sheriff's Office and a local veterinarian found last month that some of the animals were lice-ridden, dehydrated, starving and suffering from parasites, according to a report. Two horses were severely crippled and needed to be put down. There was junk in the pens and two recently deceased and bloated cows were found behind the house.

"I've been doing this for 33 years ... This is the most emotionally disturbing animal abuse case I've ever been on," said veterinarian Kim Brummond, of Dickinson.

The Stark County State's Attorney's Office sued the owner, Gary Dassinger, and received orders from Southwest Judicial District Judge Dan Greenwood to seize and dispose of the animals. The horses will be given to the Triple H Miniature Horse Rescue, located southwest of Mandan, and adopted out. The cows will be sold for slaughter.

Animal neglect and abuse charges are forthcoming against Dassinger, according to Stark County State's Attorney Tom Henning.

"It's our allegation he is directly responsible," Henning said. "Animals do not get in that kind of condition without active maltreatment or neglect."

Dassinger said in a phone interview that the animals were thin, but he does not think they were emaciated.

In December, Dassinger says he hired a ranch hand to help him care for the animals, which live on the property near his home. He said he has had some "hip and spinal conditions" that made him unable to care for the animals himself.

"I hired the wrong ranch hand," Dassinger said. "I was paying someone to take care of the animals and he didn't. Next thing I know, sheriff shows up on my doorstep."

Since hearing from the sheriff, Dassinger said he has hired a new ranch hand to care for the animals. He has a job but said breeding horses is a major part of his livelihood.

"The livestock are now in excellent condition," he said. "And now they're going to take them all away from me."

Since the initial report, the animals' condition is "drastically improved," said Brummond. She attributes this mostly to the warm weather, which has helped the grass grow.

But Henning said the initial condition of the animals was so bad that seizure is appropriate, regardless of how the animals are now.

"Based on what I learned from the first recitation to me of the conditions and the photography of the scene and number of animals, I had no hesitation or question about whether or not these animals should be seized," he said.

Carolyn Woodruff, a Beulah veterinarian hired by Dassinger to assess the animals last week, disagrees. She said the animals looked good, mostly due to the hard work and expense of the owner.

"He has done a lot of work to get those horses fed back up, dewormed and deloused," Woodruff said. "I don't see any reason for seizure."

Well she was paid by Dassinger so I question her opinion.

Though Dassinger is distraught — comparing it to losing children — he is grateful that the horses will be rescued and not be slaughtered, as was the original plan.

Alison Smith, director of the animal rescue, said volunteers will travel to Dassinger's farm on Thursday and haul the horses back to Mandan in trailers.

Smith said some of the animals will need to gain some weight, and her organization will treat the animals for any lice and parasites. This is one of the larger seizures her organization has handled, so they will need to find more hay to feed them.

But the horses look "very average" now and should be adopted quickly.

"It shouldn't be hard to find home, hopefully," Smith said.

(Bismarck Tribune - May 24, 2017)

North Dakota: Devils Lake votes to keep pit bull ban

NORTH DAKOTA -- A decades-old pit bull ban in Devils Lake will continue, but one resident isn't giving up on efforts to overturn it.

The Devils Lake Commission voted Monday against removing its ordinance that bans residents from owning pit bull breeds and mixes within city limits. The 3-2 vote came after commissioners said they received a lot of feedback on the matter, with a majority of residents telling city leaders they wanted the ban to stay, Mayor Dick Johnson said.

As the commission's president, Johnson, along with commissioners Craig Stromme and Dale Robbins, voted against repealing the ban. Commissioners Rick Morse and Ben Sander voted in favor of revoking the ban.

Commissioners decided to revisit the ordinance, which was first put in place in 1987, after Amanda McDonough told city leaders she wanted to adopt a pit bull but couldn't since she lives in Devils Lake. Those who possess pit bulls could face a $500 fine and up to 30 days in jail, according to city code.

Commissioners appeared open to discussing the ban's removal, with Johnson previously telling the Herald having an ordinance that is "breed-specific is probably not good." He added there is language in city code that covers dangerous animals.

"One of the arguments was, 'The ordinance has been there since 1987, and if it's not broke, why fix it?'" he said Tuesday. "The other school of thought is, 'Maybe it's time we update; it's old-fashioned, outdated ordinance.'"

Residents for and against the ban showed up at Monday's meeting, with both sides making their pitches. Some who opposed making pit bulls legal in Devils Lake worried owners wouldn't be responsible for their dogs if the commission voted down the nearly 30-year-old ordinance. Others said they felt threatened by pit bulls and they were afraid someone would get hurt if a pit bull got loose.

Commissioners were conflicted on how to vote, Johnson said, adding they expressed they understood both sides of the argument.

"It's a tough decision," he said. "They wanted to ensure the safety of the residents as they walk the streets ... but yet they can understand the concerns of those who wanted the ordinance changed and the ban lifted.

"It wasn't easy, but at some point in time, you have to make a decision in what you feel is the best interest overall, and that's what we've done," he added.

Petition in the works

Opponents of pit bull bans have said any dog can attack a person and the disposition of a canine depends on how the owner trains and treats it. The commission received an informal Facebook poll that said nearly 200 people voted in opposition of the ban. Six voted in the poll to keep the ban.

Johnson questioned whether there was information on who signed the informal petition, pointing out anyone on Facebook—whether they are a local resident or out-of-state citizen—could have voted in favor of repealing the ban.

"With Facebook petitions, that's not really a scientific measure," he said. "At that time, they really didn't have that information available to us."

TJ Jerke, North Dakota director of the Humane Society of the United States, said it appeared there were more people at the meeting against the ban than for it. He said bans that target certain breeds are ineffective, give residents a false sense of security and are difficult to enforce.

"Everyone suffers," he said. "Dogs suffer who are the victims in these situations. Owners suffer who lose their family member, their four-legged family member, on an account of what they are perceived to look like."

Roughly a dozen communities in North Dakota have pit bull bans, he said, and cities in the state, including Bismarck and Dickinson, have revoked bans in the past decade. Some cities in North America have looked at passing pit bull bans—one of the most recent was Montreal, though a judge suspended that law indefinitely—but Jerke said he has not heard of any cities in North Dakota passing laws lately that would ban the breed.

"We know that these bans are a dying trend across the country. What happened in Bismarck and Dickinson is similar to what's been happening across the country," he said of cities repealing pit bull bans.

McDonough told the Herald on Tuesday she and others will ask the city attorney for input on how to initiate a petition to repeal the ban, adding she hopes pit bull proponents can address the commission again.

"With all of the local experts and even the North Dakota representative of the Humane Society of the United States, it's a shame the majority of the commission chose hysteria over science," she said in a message.

Johnson couldn't say if the commission would reconsider the ordinance if a petition were brought forward.

"We haven't talked about it, so I really couldn't answer that," he said. "I really don't know."

(Grand Forks Herald - Nov 22, 2016)

North Dakota: Mary and William Ziegler Charged After Abandoning More Than 50 Dogs

NORTH DAKOTA -- It's been a few days and Sonya Walsh still can't fathom what she saw.

"There were puppies and dead other animals laying there on top of each other. I can't tell you I was in tears right away," Walsh said.

Sonya Walsh is the owner of Hot Dogs Pet Grooming in Mott and was on the scene with the Hettinger County Sheriff and Regent Fire when they discovered dogs that seemed to be neglected for quite some time

 

"The dogs were just covered in their own urine and feces," Walsh said. "Their feet and legs are really sore. You couldn't even tell what color some of the dogs were."

Hettinger county Sheriff Sarah Warner said it's an open investigation and they're still trying to piece together what exactly happened.

She said the couple, who has been identified as William and Mary Ziegler, will see their day in court.

"They are charged with criminal cruelty and also abuse and neglect of an animal."

 

Julie Schirado from Furry Friends Rockin Rescue in Bismarck, along with other rescue groups, are saving the day by giving the dogs an opportunity to be adopted. But, as she explains, it's not going to be an easy task.

"These guys don't even know what it's like to be on a leash," Schirado said. "Whoever takes these dogs and helps us with them has a lot of work ahead of them. You are not getting a little cuddly puppy that you would from a store."

And for Sonya Walsh, she's just happy a bad situation is turning out to be a good one.

 

The couple was released from the Southwest Multi-Correctional Facility. They will be due back in court for a preliminary hearing on Dec. 1.

If anyone would like to donate or foster some of the animals, you can contact Furry Friends Rockin Rescue at (701)-471-0155 (ffrrinc@gmail.com) or Bakken Paws at bakkenpaws@outlook.com

(My ND Now - Nov 4, 2016)

Earlier:

• North Dakota: Mary and William Ziegler found to be hoarding more than 50 dogs inside house

North Dakota: Mary and William Ziegler found to be hoarding more than 50 dogs inside house

NORTH DAKOTA -- A pair from Mott have charged with animal cruelty and animal neglect after dozens of dogs were found to be living in their home on Halloween night, according to the Hettinger County Sheriff.

Mary and William Ziegler (possible - Mary D. Ziegler and William Herman Ziegler, 73), of Mott, were each charged with one count of Class C felony animal cruelty and Class A misdemeanor animal neglect after it was found that there were more than 50 dogs living in their home on Oct. 31.

 

Hettinger County Sheriff Sarah Warner said that the scene Halloween night was scary.

"It was a horror pretty much what we walked into," she said.

Warner said while the dogs had food and water, the conditions that the dogs were living in were "not good."

The dogs were taken to the Hettinger County Sheriff's Department for a couple days before being given to various shelters and individuals around the area, including Lois Laches in Mott, Second Hand Rescue in Glendive, Mont., Furry Friends in the Bismarck-Mandan area and Bakken Paws in Dickinson. Each dog was also bathed and groomed at Hot Dog Grooming in Mott.

Warner said the case remains under investigation.

Tasha Hermanson, president of Bakken Paws, said the group took on about 16 of the dogs, including a mother and four puppies. She said 11 of the dogs, which are mostly Chihuahuas, are currently living in foster homes in Dickinson, while the rest are with fosters in Hettinger.

Hermanson said that many community members have already come forward to give donations of food, blankets and other items. However, at this point they are still in need of monetary donations to help pay for the veterinary bills of the animals. She said some of the animals suffer from cerebellar hypoplasia, which is a condition in which parts of the brain have not completely developed.

"We're looking for donations for their medical care," Hermanson said. "We've got quite a few donations. It's been really nice. A lot of people have things, items, food, blankets, sweaters, jackets and then money as well because they'll all need to be spayed and neutered and they all have other medical issues."

 

She said while many fosters have already indicated that they would like to keep the rescued animals, Hermanson encourages them to wait to see how the dog reacts to its new environment over time.

"They become a different dog once they are in a different situation," she said. "I don't want anybody to see this dog they have here today, and it's going to change in a month. It might not fit or it might fit better."

This is only the second major dog rescue Bakken Paws has been involved in since it began doing animal rescues last year. Hermanson said they did a rescue earlier this spring involving Irish Pointers and Setters. She said they started out with 11 dogs in that case, but it quickly increased to 26 after puppies were born. However, she said those dogs were in an outdoor kennel, while the dogs they rescued recently were inside a home.

 

Bakken Paws' pet store, WOOFTA, currently has one dog at the store named Missy. However, she is not currently available for adoption as they continue to give medical care to the dog.

"We'll wait for just the right home, somebody who wants to carry her around," Hermanson said. "She's potty trained actually. She's the only one that will go outside, but she has other issues. If people have steps we don't know if she'll be able to go up and down steps."

(Dickson Press - Nov 4, 2016)

North Dakota: Twelve year-old girl attacked by pit bull. Bite went down to the bone in her arm

NORTH DAKOTA -- Today my granddaughter was attacked by a pit bull I'm thankful she going to be ok but her arm badly damaged

Abbie Crouch oh my gosh! Prayers! That's awful😢

Albert Topolski This happened to my grand daughter today a pit got her but she is doing ok thank the Lord

Tina Moore I pray everything gets better

Lisa Heaton Omg glad she is OK

Abbie Crouch Is she getting stitches?

Mollie Ferretti They are waiting to see if she needs reconstruction surgery because it's all the way to the bone

Violet Topolski Update on my granddaughter she doing ok but she still in danger they found out dog wasn't up on his shots so we have to wait 10 days to make sure dog don't have rabies not sure what's going to happen to dog they say if granddaughter was being mean to dog there would be exception but the dog targeted her so we waiting to see what's going to happen cause dog could attack again will keep posted they say she will still be able to play her basketball as she heals.1st just praying now that the dog didn't have rabies

Julie Becker-Fairbanks Was this someone else's dog that bit her Violet. Thanks for keeping us posted on your granddaughter

Violet Topolski Yes it was they don't no the ppl or the dog

Lisa Heaton How old your granddaughter

Violet Topolski She 12

Lisa Heaton Sorry to hear that.

Sean Oliver If your not man enough to handle a pit do not own one I had words with the owner it's a fucked up situation I have no problem killing the dog or anyone situated with these people but it puts me in a bad position my baby girl had a smile on her face it's in Leagle hands my fire arm was with me after the this Shit show decisions decisions

DonnaGrace M Oliver: Just an update. The poor animal will be put down and the owners broke the law by having the pit in Williston so as of rite now I am unsure if the owners will be charged but I am going to push for it

Dogs bite it happens but as you can all see my daughter's arm is more then a bite that dog clearly tried to take her arm

The whole thing is a mess but believe me my daughter will be an even stronger person

And no she is in no fear of dogs and all she said is she wants the dog dead so it can't hurt anyone else

North Dakota Judge Richard Hagar says there is NOTHING in state law that prevents someone from "euthanizing" an animal by "STRANGLING IT TO DEATH"(!)

NORTH DAKOTA -- A Minot man accused of strangling his wife's dog has been cleared of wrongdoing.

Sixty-three-year-old Darnell Hankel was accused of killing an 11-year-old miniature dachshund in April 2014. Authorities say his wife reported the alleged incident last fall.

The complaint indicates that Hankel claimed he grew tired of taking care of the animal because it developed a skin disorder.

The Minot Daily News reports that Judge Richard Hagar on Thursday dismissed a felony animal cruelty charge filed against Hankel.

Hagar agreed with defense attorney Tom Slorby's argument that there is nothing in state law forbidding an owner from euthanizing an animal by choking [strangling] it [to death]. 

Clearly this is either a lazy or stupid judge! All he needed to do was consult with a licensed veterinarian and he would have found that strangling something to death is VERY TRAUMATIC AND PAINFUL. It is NOT euthanasia!!!

The definition of euthanasia is "painless death". Would you like to be strangled to death?! The Boston Strangler wasn't killing those victims - he was euthanizing them!!! I hope someone in the District Attorney's office has the you-know-what's to do something about this judge and re-file the charges.

 

North Dakota § 36-21.2-03. Animal cruelty--Definition--Exemptions--Penalty

1. Any person that intentionally engages in animal cruelty is guilty of a class C felony.
2. For purposes of this chapter, “animal cruelty” means:

a. Breaking an animal's bones;
b. Causing the prolonged impairment of an animal's health;
c. Mutilating an animal; or
d. Physically torturing an animal.

3. The following do not constitute violations of this section:
a. Any usual and customary practice in:

(1) The production of food, feed, fiber, or ornament, including all aspects of the livestock industry;
(2) The boarding, breeding, competition, exhibition, feeding, raising, showing, and training of animals;
(3) The sport of rodeo;
(4) Animal racing;
(5) The use of animals by exhibitors licensed under the Animal Welfare Act, 7 U.S.C. 2131, et seq.;
(6) Fishing, hunting, and trapping;
(7) Wildlife management;
(8) The culinary arts;
(9) Lawful research and educational activities; and
(10) Pest, vermin, predator, and animal damage control, including the disposition of wild animals that have entered structures or personal property;

b. Any action taken by an individual against an animal that is attacking or is about to attack a human, a companion animal, or livestock;

c. The humane or swift destruction of an animal for cause; and

STRANGLING SOMETHING TO DEATH IS NEITHER SWIFT NOR HUMANE!!

d. Services provided by or under the direction of a licensed veterinarian.

Credits
S.L. 2013, ch. 260, § 3, eff. Aug. 1, 2013.

(KXNews - July 22, 2016)

Related:

• Sarasota Woman, Shelley Bezanson, 28, Choked Her Own Dog to Death, police say

North Dakota: Police investigate pic of birds subjected to possible pot smoke in Fargo

NORTH DAKOTA -- A photo posted on social media showing a man blowing what appears to be smoke into a jar with birds in it may prompt charges under a city ordinance outlawing cruelty against "dumb animals."

The photo drew police attention earlier this week after it was widely shared. The photo was shared on Fargo/Moorhead Lost & Found Pets and Personal Items Facebook page and includes the caption "puff puff pass," a phrase associated with smoking marijuana.

"(A photo of) someone smoking marijuana, probably not a lot of attention, but when you bring in the component of cruelty to animals, that grabs a little bit more attention," said Joe Anderson, a deputy police chief in Fargo.

Fargo narcotics investigators identified the suspect and completed a report for cruelty to dumb animals, the official name of the city ordinance prohibiting beating or abusing animals, the Fargo Police Department said in a post on its Facebook page Friday, July 8.

(Grand Forks Herald - July 11, 2016)

North Dakota: Kristofer Gilliam Charged with Shooting Cats now Faces Theft Charge from Taco Bell

NORTH DAKOTA -- A man charged with shooting two cats with a bow and arrow is now charged with theft of property.

36-year-old Kristofer Gilliam is accused of stealing close to $1300 from Taco Bell in north Bismarck.

An affidavit says a regional manager identified Gilliam as the suspect.

The manager told police Gilliam was in charge of sales the four days the money was taken.

He says Gilliam had a personal PIN number that was used to open the company safe.

Gilliam will stand trial for animal cruelty in late August.

(KX News - July 8 2016)

Earlier:

• North Dakota: Bismarck man Kristofer Gilliam, 36, charged in shooting of cats with arrows
• North Dakota: Bismarck man Kristofer Gilliam, 36, pleads not guilty to shooting cats

North Dakota: Weekend family horse-drawn wagon hayride turns tragic

NORTH DAKOTA -- A Wolford family known for its horse-drawn wagon rides is grieving after a weekend ride turned tragic.

When Landon Halvorson first saw the pickup that was approaching the wagon he and his family was riding Saturday afternoon, it was about a mile behind the hayride.

The family had just pulled out of their farmstead with a wagon pulled by two Clydesdales.

“We had Clydesdales as a hobby,” he said. “We used to tour with them. We were going to take them out for a ride.”

The family was known for its Clydesdale team and wagon

The part of North Dakota Highway 17 they were driving east on, about 1½ miles west of Wolford, is flat, but there is a gradual hill west of the family’s turnoff.

His father, 61-year-old Lyman Halvorson, pulled the wagon to the shoulder of the highway to let the pickup pass, but as the pickup drove east down a gradual hill, it didn’t appear to slow down, Landon Halvorson, 29, said.

“I kept an eye on it,” he told the Herald. “It wasn’t slowing down. It wasn’t turning on its blinker and it got closer and closer.”

When he realized the pickup was going to hit the wagon, he jumped. His 25-year-old wife, Sierra, jumped after him.

Seconds later, the three-quarter ton pickup truck driven by 75-year-old Lyle Lima of Wolford slammed into the back of the wagon, sending the other passengers flying off the hayride.

“It’s beyond something I would have ever imagined,” Landon Halvorson said. “It feels like it’s not real.”

The wagon was destroyed, said Lt. Troy Hischer, northeast regional commander for the North Dakota Highway Patrol. The Clydesdales were both killed in the crash.

Landon and Sierra Halvorson escaped injury, but the other wagon passengers, included their 4-year-old daughter, Amiyah, needed immediate medical assistance.

Amiyah was airlifted to Minot’s Trinity Hospital. She now is in Children’s Hospital in Minneapolis with severe injuries, including two broken legs and bruised lungs. Her vitals are stable, but she will need surgery to reset her legs, Landon Halvorson said. She also is being monitored for brain swelling and bleeding.

Sierra Halvorson’s parents, Bradley and Margaret Cichos, both of Rugby, N.D., also were thrown from the wagon. Margaret Cichos, 51, was first taken to Towner County Hospital in Cando, N.D., before being flown to Altru Hospital in Grand Forks. She now is being treated for multiple injuries in a Minneapolis hospital, though she appears to be recovering.

Bradley Cichos, 53, died at the scene.

Lyman Halvorson, who was taken to Rolla (N.D.) Hospital before being airlifted to Trinity Hospital, is responsive but his vitals are unstable, according to a GoFundMe post set up to cover expenses for the family.

Still, he has made small improvements.

“He’s talking,” Landon Halvorson said. “He took his own breathing tube out himself (Monday) morning.”

Lyman Halvorson’s 18-year-old daughter, Kenzie, was taken to the Rugby Hospital, but she was released Saturday with a fractured foot, several cuts and a broken nose.

Lima, who the Herald could not reach for comment, was uninjured.

Highway 17 has a speed limit of 65 mph, but Lima told state troopers he wasn’t speeding, Hischer said. The gradual slope of the hill was not a factor in the crash, and there is nothing to indicate there were any visual obstructions, he added.

Horse-drawn wagons and distracted, speeding drivers can
lead to tragedy as this photo shows a wagon which
was struck by an SUV in 2012 in Casper, WY.

Lima was not on his phone and alcohol was not involved in the crash, but it’s likely he may have been looking out into a nearby field, which would have distracted him from seeing the wagon, Hischer said.

“We will be doing some more work on the truck just to confirm what he told us,” he said. “We don’t believe he was doing anything out of the ordinary other than he didn’t see the hayride.”

The crash still is under investigation, but based on the witness statements, it is likely no charges will be filed in the case, Hischer said.

“It’s just a tragic accident,” he said.

Wagons are allowed on the roadway in North Dakota, and the state does not have a minimal speed, but drivers should beware of their surroundings, including vehicles that are traveling slowly.

“We are a farming community and (drivers) need to be watching for slower-moving vehicles at all times,” Hischer said. “It’s not necessarily just about hayrides. It’s everything that can be on the road legally.”

“Slow vehicles are all over this time of year,” he added. “You close on a slow-moving vehicle so fast.”

The Halvorsons are holding up “as good as they can” for the situation they are in, Landon Halvorson said. Though there seems to be some uncertainty with how the injuries will affect Amiyah, it seems like everyone who survived the accident will recover from their injuries, he said. However, the road to recovery will be long, he added.

Several GoFundMe sites were set up Monday for the victims of the crash. By Tuesday afternoon, the Amiyah Jo page, which can be found at www.gofundme.com/272xrb8, raised $2,550. The Cichos Family Medical Fund, which will cover medical expenses for Margaret Cichos and funeral expenses for Brad Cichos, had raised $4,460 and can be found at www.gofundme.com/272mpjmg. The Halvorson Family Medical Fund at www.gofundme.com/27fug77f had raised $9,135.

(Grand Forks herald - May 31, 2016)

North Dakota: Fargo police investigate report of fatal dog-on-dog attack

NORTH DAKOTA -- Police here are investigating an incident that happened Thursday evening, April 28, in which a dog was attacked and killed by another dog.

The attack happened about 8:40 p.m. in the 5500 block of Bishops Boulevard.

According to Deputy Police Chief Joe Anderson, the victim's dog was leashed at the time and the attacking dog had gotten outside its owner's fence.

The dog suspected in the attack was located and returned to its owner, Anderson said.

Anderson said the incident remains under investigation.

(INFORUM - ‎Apr 29, 2016‎)

North Dakota: Samuel Mieke charged with assaulting Fargo woman, sitting on Chihuahua

NORTH DAKOTA -- A 38-year-old man is accused in Cass County District Court of injuring a woman and her Chihuahua during an assault that allegedly took place in the woman's Fargo home Sunday.

Samuel J. Mieke is charged with one count of aggravated assault/domestic violence and one count of animal cruelty.

According to court documents filed in the case:

A woman told police Sunday evening that Mieke, whom she has known for a long time, became angry with her after drinking and punched her in the shoulder.

She said he also grabbed her by the throat and pressed with his thumbs, preventing her from breathing, and later struck her several times on the back with his boots, causing pain.

The woman told police Mieke knew she recently had surgery on her back.

She also said Mieke sat on her Chihuahua before grabbing the dog by the throat and throwing the animal.

Court documents do not specify the extent of the dog's injuries.

When Mieke was later located by police, he told them nothing physical occurred and he denied striking the woman.

He was taken to jail and made a court appearance on the charges Tuesday.

CURRENT CHARGES:

• MIEKE, SAMUEL J Male White 7/30/1977 12:00 AM 2016-00002323 ANIMAL CRUELTY
• MIEKE, SAMUEL J Male White 7/30/1977 12:00 AM 2016-00002323 ASSAULT AGGRAVATED
• MIEKE, SAMUEL J Male White 7/30/1977 12:00 AM 2016-00002323 RESISTING POLICE OFFICER
• MIEKE, SAMUEL J Male White 7/30/1977 12:00 AM 2016-00002323 TAMPERING W/WITNESS
• MIEKE, SAMUEL J Male White 7/30/1977 12:00 AM 2016-00002323 VIOL ORDER PROHIB CONTACT

(InForum - March 8, 2016)

North Dakota: Grand Forks man kills dog after attack on another dog

NORTH DAKOTA -- A man has killed a dog after it reportedly attacked another dog at a Grand Forks dog park Saturday.

At 4:43 p.m., police were called to the Lincoln Dog Park on Euclid Drive for a report of a dog bite. Witnesses told police a dog ran toward the dog park from the river area. The dog then bit another dog on the neck and wouldn’t let go, according to a news release.

The owner of the victim dog, who was not named in the release, was unable to separate the two animals. After being injured by the attacking dog, the victim dog’s owner fatally injured the attacking dog, according to the release.

The owner of the attacking dog, whose name also wasn’t released, collected the body of his dog and apologized for the incident. He left before witnesses could get further information and before police arrived at the dog park. He was observed driving a 2016 red and white Razor XP.

Police said in the release they would like to contact the owner of the attacking dog to verify details of the attack. Anyone with information on the incident should call the Grand Forks Police Department at (701) 787-8000.

(Jamestown Sun - Jan 24, 2016)

North Dakota: Bismarck man Kristofer Gilliam, 36, pleads not guilty to shooting cats

NORTH DAKOTA -- On Monday, Kristofer Dale Gilliam, 36, of Bismarck, pleaded not guilty to two counts of felony animal cruelty in South Central District Court for allegedly shooting two cats with arrows in November.

If found guilty on both counts, Gilliam could be sentenced to a maximum of 10 years in prison.

On Nov. 7, a Bismarck woman living at Mr. B's Estates, 2500 Centennial Road, reported finding a cat shot with an arrow on her deck while she was getting ready to go to work. On Nov. 9, she found a second cat in her yard.

Gilliam, who also lives in the neighborhood, contacted the Bismarck Police Department on Nov. 10 "about accidentally shooting a cat with an arrow while target practicing in his backyard," according to the affidavit.

Officer Zachary Kraft testified, while at Gilliam's home, officers noticed an empty arrow box, matching the brand of arrows used to shoot the cats in the back seat of a car parked in the driveway, according to the affidavit.

But Gilliam's attorney, Kent Morrow, argued the arrow brand did not prove intent.

"For animal cruelty, it requires that the defendant intentionally engaged in animal cruelty," Morrow said. "There is no evidence that he intentionally shot either of these cats. There is only evidence that he accidentally shot one of them. Accidentally does not constitute intention."

The judge decided there was probable cause to advance the case.

"In my opinion, circumstantial evidence is that it would be pretty difficult to accidentally shoot two separate cats on two separate occasions, either that or grossly irresponsible," South Central District Judge Bruce Haskell said.

The case is set for trial on March 31.

(Bismarck Tribune - Dec 28, 2015)

Earlier:

• North Dakota: Bismarck man Kristofer Gilliam, 36, charged in shooting of cats with arrows

INJUSTICE IN NORTH DAKOTA: Billy Ray Hackler, 57, who abandoned 29 cats to die in North Dakota apartment, will spend just 15 days in jail

NORTH DAKOTA -- A Grand Forks man was sentenced this week to 15 days in jail for animal cruelty after leaving 29 cats in a Grand Forks apartment.

Billy Ray Hackler, 57, pleaded guilty Monday in Grand Forks Municipal Court to a Class B misdemeanor charge of cruelty to animals for abandoning the cats, which were taken to Circle of Friends Humane Society in Grand Forks, where they joined dozens of others that have been brought to the already overloaded shelter.

One of the sweet looking cats left to die by Billy Ray Hackler.

A warrant was issued for Hackler's arrest after Grand Forks police responding to a report of cats left in a vacant apartment at 401 N. Fourth St. found more than two dozen in the unit without food or water.

Grand Forks Community Service Officer Jean Youshefski, who usually responds to animal calls in the city, said the conditions in Hackler's apartment were the worst she had ever seen in her more than 20 years on the job.

"(In the apartment) there was a mattress and that was about it," she said. "And there were just urine and feces and flies — it was horrible."

It turns out he was only charged with a city ordinance violation, NOT a state crime. 

Under city law, cruelty to animals carries a maximum punishment of 30 days in jail or a $1,000 fine. 

The ordinance notes it is illegal in the city for a person to "cause or inflict any unnecessary or unjustifiable pain, suffering, injury or death to any animal." 

Hackler's jail stay will begin once other charges pending in Grand Forks District Court are settled, according to a criminal judgment. In district court, he faces two felony and five misdemeanor charges, including reckless endangerment, criminal mischief and possession of drug paraphernalia, after leading police on a car chase early Dec. 12 in Grand Forks. 

His next court appearance on those charges is Jan. 19.

(Superior Telegram - Dec 17, 2015)

Earlier:

• 29 cats rescued from vacant Grand Forks apartment

Related:

• North Dakota ranks near bottom for laws penalizing animal cruelty

29 cats rescued from vacant Grand Forks apartment

NORTH DAKOTA -- Twenty-nine cats were rescued  this week from a vacant apartment in north Grand Forks.

Officers from Grand Forks Police Department’s Community Service Division responded Tuesday to 401 N. Fourth St. after being notified by the property owner that there were cats in an apartment at the address, Officer Jean Youshefski said.

“When we first opened the door, the cats were right at the door,” she said. “We scattered some food and were able to get some of them.”

Though some were rescued that day, Youshefski and Officer Brian Samson had to use animal traps Wednesday and Thursday to capture all of the animals. They also found one dead cat.

“There was no food or water for them,” she said, adding the cats likely were alone for a least a week.

Youshefski said the residents had moved out of the apartment and apparently are no longer in Grand Forks.

Police filed an affidavit with the city attorney, listing charges of cruelty and abandonment of animals, Sgt. Kevin Kallinen said, but charges had not been filed as of Friday afternoon.

The cats, which range from about 3 months to 3 years in age, were taken to Circle of Friends Humane Society in Grand Forks. They will be put up for adoption after completing a five-day medical screening process.

Some of the felines are being treated for upper respiratory and ear infections, Human Society Executive Director Maranda Weathermon said.

“They look to be in pretty good condtion. They have good body weight and they’re all pretty social,” she said. “But it’s kind of horrible timing.”

With the addition of the 29 cats, the Humane Society has about 200 cats on hand, about 100 more than capacity, she said.

(Grand Forks Herald - Dec 11, 2015)

Dozens of animals rescued from fire, but should anyone have so many pets?

NORTH DAKOTA -- Dozens of birds, cats and turtles are safe after firefighters pulled them from a burning home in north Fargo, but can having that many pets in a home cause health issues for animals and their owners?

As dozens of animals were rescued from the fire Sunday night, some wondered if it was too many for one house. Sources say 40 birds, a couple cats and turtles and a lizard were found in the home.

Colette Olson- Fargo Community Service Officer: "There is no limitation as far as birds go. The only thing that we do keep track of is cats and dogs. They can have a total of 6. All cats, all dogs or a combination of both. If it's excessive as far as cleanliness where I feel that it might be a health hazard."

Animal control officers say they have been to this home before. They say they didn't find any health concerns, and they were taking care of the birds properly, but they told the homeowners they shouldn't have any more pets.

The CDC says more than 100 infectious diseases can be passed from animals to humans, which is why it's important to take care of your animals properly and not to have too many in a home.

(Grand Forks Herald - Nov 24, 2015)