(December 2017) Texas: Three years after David Hayes' Pit Bulls nearly mauled a man to death, officials give up trying to get them euthanized and hand them over to a former shelter employee

TEXAS -- Henderson County Attorney Clint Davis and Athens Attorney James Owen have agreed that three pit bulls that reportedly attacked and nearly killed a man in the Cherokee Shores subdivision in January 2015 WILL NOT BE EUTHANIZED.

Instead, the county is handing over these vicious dogs to an ex-shelter employee.

“The agreement was best for everyone,” Davis said. “It will save the taxpayers the cost of a jury trial and Amanda (Price) will provide a safe place for the dogs to live. This could have gone on a couple more years.”

A ruling the same year by Henderson County Court at Law Judge Scott Williams that the animals are dangerous was overturned when justices with the Twelfth Court of Appeals in Tyler ruled the owner of the dogs, David Hayes, should have his day in court. A hearing was scheduled for January 2018.

Owen, representing Hayes, argued his client was denied due process when he was not granted a jury trial. Owen had said he would like to have a 12-person jury hear the evidence against the three dogs.

The dogs began their ordeal when Mikel Christopher Kirkpatrick was found in a ditch covered with blood.

According to reports, a 911 caller said she heard a dog barking and someone screaming. Emergency medical personnel found Kirkpatrick with bite marks and cuts on on his upper body and arms and legs.

He was taken to ETMC in Tyler, where he spent a week in the intensive care unit undergoing multiple surgeries. 

Reports indicated Kirkpatrick identified Hayes’ dogs as those that attacked him. At the time of the attack, Owen believed other dogs could have been responsible for Kirkpatrick’s injuries.

Amanda Price, who no longer works at the Henderson County Humane Society,  asked if she could take ownership of the three vicious Pit Bulls.

Clint Davis claims that Price is "experienced with rescue dogs" and had "developed a relationship with the pit bulls while working at the animal shelter".

“She really has an attachment to the dogs,” he said.

Oh, well isn't that special?

Davis said that before the dogs could be released to Price, she would have to meet certain requirements, including building a secure pen and providing insurance.

“She has done everything we asked her to do.”

Davis and Owen agreed that three years is long enough for the dogs not to have a permanent home.

“The only thing left is to have the dogs spayed and microchipped,” Davis said. “Amanda will make arrangements with the animal shelter to (take) the dogs to a veterinarian clinic here in Athens.”

DO YOU LIVE NEAR AMANDA PRICE? YOU SHOULD KNOW THAT SHE HAS THREE KNOWN VICIOUS PIT BULLS LIVING ON HER PROPERTY. THESE DOGS NEARLY KILLED A MAN IN 2015.

Owen praised Davis's work on the case.

“Clint worked very hard to find a solution that he and I felt good about. The owners of the dogs are fine with the agreement. It all worked out for everyone.”

What about the taxpayers? Are they "fine" with this agreement? What about when these dogs escape and kill a child? What about when Amanda decides to up and move to Florida or Ohio and takes these vicious dogs with her - where there are NO restrictions? What if Amanda decides she doesn't want them anymore in a year or so and sells them on craigslist? 

Will Henderson County Attorney Clint Davis or Athens Attorney James Owen be there to make sure she never sells them, lets the fencing fall apart, never moves, never lets the liability insurance lapse...? 

Of course not. They've collected their paychecks. They both live in nice neighborhoods that don't have three vicious Pit Bulls living next door to them. They've moved on to other things. Meanwhile, every person and animal in Henderson County are in danger.

Henderson County officials have spent about $30,000 to house the dogs at the Henderson County animal shelter.

Davis has said that since the incident in 2015, state lawmakers have addressed the situation in a manner aimed at trying to alleviate some of the issues with having a prolonged legal case involving dangerous dogs.

As of Sept. 1, 2015, Texas law allows a person the right to a jury trial, but specifically says that if a person requests a jury trial, the court “shall determine the estimated costs to house and care for the impounded dog during the appeal process and shall set the amount of a bond for an appeal adequate to cover those estimated costs.”

Henderson County officials cannot be reimbursed because the law was passed almost nine months after the alleged attack.

(Athens Review - December 27, 2017)

Earlier:

• Texas: Fight over pit bulls to be heard April 21
• Texas: Pit bulls which attacked man ordered to be euthanized

Washington: Jan Propp-Estimo's pit bull attacked and killed a goat, attacked and injured a pony, then chased, attacked and killed a second goat. But she swears he's not aggressive!

WASHINGTON -- Lewis County Public Health and Social Services Director Danette York admitted to authorizing the adoption of a dangerous dog from the Lewis County Animal Shelter early this year after the animal’s name was changed — without the knowledge of the family who adopted the dog — according to an incident report from the Lewis County Sheriff’s Office.

Now, the family that adopted the dog is hoping they’ll be able to save their pet before the animal is euthanized.

“He’s never shown one ounce of aggression to any of our animals, our neighbors’ animals, or my sister’s and mom’s dogs when we took him to California,” Jan Propp-Estimo, the owner of the dog, told The Chronicle.

“He licks our faces and makes us laugh. He weighs 65 pounds, but thinks he’s a lap dog and it’s so cute when he wants to get in your lap.”

The dog was declared dangerous after being one of two dogs that killed at least one goat and injured a horse. 

According to court documents, on April 1, 2016, the Lewis County Sheriff’s Office was advised of a possibly vicious dog on Nelson Road in Winlock. 

A witness told a deputy that two pit bulls had entered into a barn after having a friendly interaction with her two daughters. The dogs were found chewing on a deceased goat. Another goat escaped and was chased and eventually killed by the dogs.

“The dogs were seen going after the goat’s neck and continued to chew on the goat after it died,” according to the officer’s report. 

The dogs began to chase a small black pony, according to the report. The witness said the dogs grabbed onto the pony’s neck, legs and tail, and said the dogs would not get off of the animal despite the “screaming and yelling.”

One dog involved in the incident was kicked by the pony, limped away and was never located. The other dog in the incident, named Tank, was the dog later adopted out by the county. 

After the incident, the original owner of the dogs, Debra Parscal, did not fulfill obligations under the county’s dangerous dog laws, so the county seized the animal, according to the incident report.

Once an animal declared to be dangerous is in possession of the county, that animal needs to be euthanized, according to Lewis County code. 

Instead, York gave her approval to Lewis County Animal Shelter Manager Amy Hanson to adopt the dog out after his name was changed from Tank to Hank, according to documents. 

Those involved in the adoption process believed the dog was incorrectly deemed dangerous as they had not seen any aggression or behavioral issues.

According to the incident report, the Animal Shelter attempted to find a trainer who could rehabilitate Hank, but due to the animal’s history, none of the trainers agreed to take the dog.

Since the dog was adopted out of Lewis County possession, the Prosecutor’s Office informed the Board of Lewis County Commissioners earlier this week that if any issues later arise, the county would be held liable.

“Unfortunately the thing is, from a court perspective, is once a dog is declared dangerous there is nothing you can do,” Glenn Carter, with the Prosecutor’s Office, said during the meeting.

Under current code, there is no mechanism to declassify a dog once it is deemed to be dangerous.

Propp-Estimo, who adopted the dog in January, said she had no idea the dog was declared dangerous or that his name was changed prior to the adoption. That didn’t concern her since she said the dog is anything but dangerous. She described him as loving and caring.

“I cry almost every day,” she said. “I just want Hank back. He was just such a wonderful dog.”

Hey lady. What about the animals that were torn to pieces by your pibble?

Propp-Estimo’s 9-year-old grandson became very close to the dog and she said he was “heartbroken” once he was taken away from the family.

According to the incident report, on May 9, Lewis County Detective Gabriel Frase went to speak with Propp-Estimo about a legal issue with Hank. He informed her the animal should never have been adopted out.

Hank, who was living at her son’s residence on South Gold Street in Centralia, was taken by the Sheriff’s Office. The animal was brought back to the shelter, and staff were instructed to get permission from the Lewis County Prosecutor’s Office before doing anything with Hank.

Propp-Estimo said her family has offered to comply with all of the dangerous dog requirements, which includes purchasing insurance and registering the dog, among other items. She is currently in discussions with lawyers about what her next steps should be.

She hopes to file an immediate injunction so Hank cannot be euthanized.

She has also submitted a bill for $3,000 for the reimbursement of the installation of a fence, supplies and a microchip she purchased for the dog.

“My husband, my son, and my grandson love Hank, and we want him back,” she said. “He’s a good dog, and he deserves a second chance.”

Propp-Estimo has created a Facebook page called “Help Save Hank.”

The case has been referred to the Pacific County Prosecutor’s Office to  determine if criminal charges should be filed.

Eric Eisenberg, with the Lewis County Prosecutor’s Office, was working with the public health department, the humane officer and animal shelter on a code change that would have allowed a dangerous animal to be rehabilitated instead of euthanized.

Because of his work on the changes, he is now a witness in the case, which spurred the Prosecutor’s Office to seek an outside opinion.

The decision to euthanize the dog is now up to the Board of Lewis County Commissioners, since the health department is under their management.

(Chronicle Online - May 18, 2017)

California: Former manager of Kings SPCA, Darlene Laboc, 58, faces embezzlement charge

CALIFORNIA --A former manager at Kings SPCA no-kill shelter was arrested Friday on suspicion of embezzlement and grand theft as the shelter awaits closure because of a lack of funds.

The arrest of Darlene Laboc, 58, was reported by the Kings County Sheriff’s Office, and the shelter’s board of directors confirmed it in a Facebook post on Friday.

The shelter, which had been open since 1959, announced in early May that it already had stopped accepting any new animals and would close at the end of the month due to lack of funds.

Shortly before Laboc was terminated in April by the shelter, the Sheriff’s Office had begun to investigate a possible embezzlement case.

The board of directors told investigators that they believed Laboc had been making unauthorized purchases for the past three years. Store receipts and bank statements were turned over to detectives, who said they determined that $3,741.15 allegedly had been spent by Laboc.

Detectives went to Laboc’s home Friday and took her into custody. Laboc admitted to making some purchases with a shelter debit card that she said she was authorized to use, according to the Sheriff’s Office. She was booked at the Kings County Jail, with bail set at $20,000.

Shelter operating costs are about $18,000 per month. Donations, grants and revenue from adoption placements failed to provide the money needed to keep the shelter open, board president Kari Martin-Higgins told The Bee earlier this month.

NOW THE QUESTION IS: WHERE ARE THESE ANIMALS - SOME OF WHICH ARE AGGRESSIVE, HAVE ATTACKED/KILLED PETS AND/OR ATTACKED PEOPLE - GOING?

About a half-dozen dogs with behavioral problems or illnesses are not adoptable right now.

Among them are a Queensland Blue Heeler named Bella.

“She is very selective about who she likes,” Martin-Higgins said. “If she doesn’t like you, you run the risk of getting bit.”

There’s also a male pit bull named Buddy and a female pit bull named Mocha, who cannot be with other dogs because they get out of control TRY TO KILL THEM. Once, Mocha was adopted out but wouldn’t eat because of separation anxiety and had to come back to the shelter. The two have to be adopted as a pair, she said.

(Fresno Bee - May 19, 2017)

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:

• State of North Carolina Office of the Auditor, Carteret County Humane Society and Animal Shelter, Newport, North Carolina, Investigative Report - March 2017

North Carolina / Tennessee: Former director of the Davidson County Animal Shelter Marsha Williams pleads guilty to animal cruelty after leaving a dog with a broken back and maggots in its wounds to suffer for three days before finally being euthanized

TENNESSEE -- The former director of the Davidson County Animal Shelter has pleaded guilty to animal cruelty charges.

News outlets report District Attorney Garry Frank says Marsha Mayo Williams entered the plea Wednesday after being charged with animal cruelty and obstruction of justice.

The indictments stem from claims that the three women neglected to provide humane treatment to a dog admitted to the Davidson shelter in May with a broken back. The dog, a female, received a medical evaluation that noted paralysis from the shoulders down. She languished in her kennel for three days with no veterinary care before being euthanized.

Staff reports from that time period noted, among other things, that the kennel had not been cleaned and that maggots appeared on the dog’s rear end.

Court documents say Williams, Marissa Studivent and Dana Williams-King failed to provide humane treatment to a dog admitted to the Davidson shelter with a broken back on May 2015.

Williams was sentenced to 24 months of supervised probation. During that time, she's not permitted to operate or work at an animal shelter or similar facility.
Frank says the cases involving Studivent and Williams-King are still pending.

 

An attorney for Williams, Studivent or King could not be reached for comment.

(Chronicle - April 13, 2017)

Earlier:

• North Carolina: Former Animal Shelter director Marsha Williams among 3 indicted for animal cruelty

Texas: Former animal control officer David Goucher arrested after 'he slammed a kitten to the ground and killed it when it bit him'

TEXAS -- A former animal services officer in Texas has been arrested for fatally slamming a kitten to the ground after it bit him at the city animal shelter where he worked.

David Keith-Manning Goucher, 22, was arrested on Tuesday in Denton, Texas on a felony charge of cruelty to a non-livestock animal.

On the morning of December 15, Goucher, an animal services officer at the Linda McNatt Animal Care and Adoption Center, was in the cat area of the city-run shelter attempting to change the collar on a kitten, a female co-worker told police.

The kitten became irritated and bit Goucher on the hand, after which he raised the kitten up in the air and threw the defenseless animal forcefully onto the floor in front of his co-worker, the witness said.

The kitten died shortly after from injuries sustained in the incident, according to police.

Goucher failed to report that he'd been bitten, as the shelter's policy requires, instead logging the kitten as 'sick, died in shelter,' police said.

When police arrived the next morning to investigate the tip they'd received from the witness at the shelter, they were told that Goucher had given notice and quit his job there.

Residents of Denton reacted with outrage at news of the former city employee's arrest.

'If he would do that to a small defenseless animal, what could he do to humans?' Kelly Lewis Patrick wrote on the Denton Police Department's Facebook page. 'I just wish he could stay [in jail] longer than the law allows currently!'

Animal cruelty resulting in the death or serious injury of an animal is a state jail felony in Texas, which typically carries a prison sentence of six months to two years.

The Linda McNatt shelter took in over 4,700 animals in 2014. Although it is not a no-kill shelter, it claimed a 'live exit rate' of 80 percent in 2011.

David Goucher

A mission statement on the shelter's website pledges to 'always treat every animal with compassion, kindness and humane consideration.'

'Employees at the Linda McNatt Animal Adoption Center are dedicated to the safety, care, and wellbeing of all animals,' the city said in a Tuesday statement. 'They were grieved by this act and happy that justice is being done.'

(Daily Mail - Jan 11, 2017)

Earlier:

• Texas: Animal Shelter Worker at the Linda McNatt Animal Adoption Center Killed Kitten, Says Witness

Texas: Animal Shelter Worker at the Linda McNatt Animal Adoption Center Killed Kitten, Says Witness

TEXAS -- An animal shelter working in North Texas is being investigated for possible animal cruelty charges after he allegedly killed a kitten.

Denton police officers were called to the Linda McNatt Animal Adoption Center to investigate a claim that an employee killed a kitten in the shelter during his final day of employment. A witness to the incident told police the man forcefully threw the kitten to the ground, causing its death, the Fort Worth Star-Telegram reported.

According to a police statement, the witness reported the man was attempting to change the kitten’s collar. The kitten apparently became irritated at being handled and bit the man on his hand. She said he then “forcefully threw the kitten to the floor, killing it.”

No report of the biting incident was mad to the shelter. Shelter policies require employees to report animal bites. The employee also did not appear to have sought medical treatment for the kitten.

A report filed on the animal’s death by the employee allegedly states the kitten was logged out of the system as “sick, died in shelter,” the police news release stated.

Denton Police Department Spokesman Shane Kizer told the Denton Record-Chronicle that if the department does make an arrest, it will be follow the Christmas holiday weekend.

Officials are reportedly conducting an investigation into possible charges of cruelty to a non-livestock animal. If charged with the Class A misdemeanor, the man could face up to 1 year in the Denton County jail and/or a fine of up to $4,000. If he has prior convictions of animal cruelty, the charge could be raised to a State Jail Felony.

The identity of the man being investigated by the Denton Police Department has not been released pending the outcome of the department’s investigation.

The news reports did not contain any comment from officials of the Linda McNatt Animal Adoption Center.

(Breitbart - Dec 24, 2016)

Virginia: Bedford County Animal Shelter Employee Bryan Skinnell, 43, beat a cat to death, say police

VIRGINIA -- The Bedford County Sheriff's Animal Control have confirmed that a man has been fired after a cat had to be euthanized because of injuries sustained at the Bedford County Animal Shelter.

Animal Control Deputies say they received a complaint on August 10 that a worker had seriously injured a cat while cleaning the facility.

That worker, who police have identified as Bryan Thomas Skinnell, 43, has been terminated from the facility.

Skinnel told police the cat kept escaping from his cage, which "frustrated" him.

Deputies confirm the cat was taken to a local veterinarian clinic where it was found to have been so severely injured, it had to be euthanized. They say the cause of death was consistent with blunt force trauma.

Skinnell has been charged with felony animal cruelty.

Police say Skinnell was arrested on September 26 and released on a personal recognizance bond.

ARREST INFO
Full Name: Bryan Thomas Skinnell
Date of birth: 01/28/1973
Age at arrest: 43
Current address: 2732 Otter Hill Rd, Bedford, Virginia 24523
Date of arrest: 09/26/2016
Arresting agency: Bedford County, Virginia
Total Bond: $2,000
Charge:
#1 TORTURE/MUTILATE DOG OR CAR, CAUSE DEATH
STATUTE: 3.2-6570(F). BOND: $2,000

(WSET - Oct 14, 2016)

Connecticut: City of Meriden settles dog bite lawsuit

CONNECTICUT -- The city has reached a settlement agreement with a Massachusetts resident who alleged negligence by the Animal Control division after a dog attack in 2012.

City officials were unable to provide the full amount of the settlement, but in July the plaintiff had offered to settle the claim for $175,000. The city has been billed for a $50,000 deductible from its insurance company for the case.

The complaint was filed in April 2014 by Massachusetts resident Michael Evans and names the city, Animal Control Officer Bryan Kline and former Animal Control Officer James Barnes.

According to the lawsuit, Evans was attacked and bitten by an unneutered (aka intact) male Pit Bull - Mastiff mix on April 15, 2012 at the Meriden Animal Control building.

Evans was interested in adopting the dog after seeing a listing for it online.

Barnes, who has since retired, brought the dog on a leash and collar into a fenced in area so Evans could meet and interact with the dog, according to the lawsuit.

While in the fenced area, Barnes “removed the collar and leash from the dog,” and “began to fiddle with the collar to adjust its size,” according to the lawsuit. Evans was standing nearby.

When Barnes then attempted to reapply the collar, “the dog attacked and bit Mike (Evans) in the genitals, legs, buttocks, left hand and left arm causing puncture wounds and serious and permanent injuries, harms and losses,” the lawsuit states.

The attack lasted about 20 seconds before the dog released its jaws.

The attack resulted in economic damages to Evans from the medical care needed from the incident and lost wages due to diminished earning capacity, in addition to “non-economic” damages, including “injuries to his body...” and “mental and emotional suffering and fear,” according to the lawsuit. The attack also left Evans with the “loss of ability and enjoyment with regard to sexual activity,” and “permanent injuries and losses including scars.”

The lawsuit alleges the city is responsible for Evans’ injuries due to negligence, including failing to follow proper protocols for dogs such as Baby Hippo and failing to train Barnes how to handle such dogs. The city also failed to provide a safe environment for Evans to evaluate Baby Hippo, the lawsuit states.

The lawsuit states Barnes be held responsible for failing to follow city protocols and procedures while showing the dog, allowing the dog to be off leash when it was apparent it posed an imminent risk to Evans, failing to be adequately equipped to deal with the attack and failing to intervene or subdue the dog during the attack to minimize injury to Evans, among other failings.

Barnes, 70, said the attack was not his fault when reached by phone Thursday.

“I did nothing wrong, it was an accident,” Barnes said. “It was just a random fluke event and it happened at such close quarters that there was no way to really intervene the way you really need to intervene when somebody gets bit. You have to have some room to work and I didn’t have the room to work. I did the best I could. I grabbed the dog by the jowls.”

The animal was euthanized after the attack, Barnes said. A rabies test came back negative. He said he had shown the animal to a half dozen families prior to Evans without incident.

Barnes retired within a few months of the attack, but said he had planned to retire anyway. He had worked for the department for two years.

Barnes said his doctor told him not to testify in the case because he has ongoing medical problems that could be worsened by stress.

Attorney Ron Murphy, who represented Evans, said due to a confidentiality agreement he was unable to comment on the case or disclose the total amount of the settlement.

Animal Control Officer Bryan Kline declined to comment on the settlement.

City Attorney Deborah Moore said the case was handled by law firm Howd & Ludorf on behalf of the city.

“It was the insurance company that made the business decision to settle, and there was specifically no admission of liability by the city, Officer Barnes or Animal Control Officer Kline as part of the settlement,” Moore said.

Unable to provide the total sum of the settlement, Moore said the city was billed a $50,000 deductible, “inclusive of the insurance attorney’s fees, costs and settlement.”

(Record-Journal - October 13, 2016)

Connecticut: Director of Meriden Humane Society, Marlena DiBianco, arrested, accused of forging rabies certificate

CONNECTICUT -- The director of the Meriden Humane Society has been arrested for allegedly forging a rabies certificate.

Police say Marlena DiBianco turned herself in on Wednesday afternoon. They say she forged a rabies certificate for an animal that had not been vaccinated, leading the person who adopted that animal to think it had been.

Police say they started investigating DiBianco in April of 2015 when allegations of misconduct were reported.

DiBianco is charged with second-degree forgery. She was released on a promise to appear in court on September 20.

The Meriden Humane Society issued a statement insisting this was a "one time" incident. However, due to the Meriden Humane Society loudly crowing that they're a "no kill" shelter, I have my own doubts about that. The pressure on shelters, especially ones that disparage "kill" shelters and tout themselves as "no kill", to find homes for all the animals is very high. I'm sure Di Bianco was under that very pressure to get these animals out of the shelter, no matter what, and this prompted her to falsify the rabies paperwork. Of course, she hasn't been convicted of anything - these are all allegations at this point. 

(WTNH - Sept 7, 2016)

Pennsylvania: Two Animal Protectors of Allegheny Valley employees injured in pit bull mix attack

PENNSYLVANIA -- Two employees of Animal Protectors of Allegheny Valley were injured Monday evening when they were attacked by a dog at the New Kensington animal shelter.

Phyllis Framel, a shelter board director, said the attack happened as the two employees were checking the kennel locks before closing for the night.

When a female employee opened a kennel to give a dog an extra blanket, the dog lunged and bit her leg, Framel said.

The dog also attacked a male employee who came to the woman's aid, biting his arm and legs. Framel said the female employee sprayed the dog with a hose to get it to release the man.

Framel said both employees were treated and released from a hospital Monday night. She said both required stitches. She expected them to be cleared to return to work within a few days.

The employees, whom Framel did not identify, were the only people in the building. She said safety concerns mean no one works alone.

“They did the right thing” in terms of how they handled the incident and contacting 911 to summon medical help, Framel said. “I'm sure it was very scary.”

Framel said the incident was one of the more serious animal attacks she can recall at the shelter. She said cat bites, which can involve deep punctures and the greater potential for bacterial infections, often are bigger concerns.

Framel believed the dog was a pit bull mix that had been in the shelter since early August.

“It was a dog that both of them had handled many times, and there had been no indication of a problem,” she said.

The female employee, who Framel described as an experienced dog handler, told Framel, “I've laid down in the kennel with him and cuddled with him before.”

Since the dog's medical background, including its vaccination history, is unknown, Framel said it must be quarantined for at least 10 days to monitor whether it shows signs of rabies. She said that's not likely since the dog already has been in the shelter's care for at least 10 days and has shown no signs of illness.

Framel was hoping the employees can avoid the intensive and expensive rabies treatment. She said their medical care is covered through the shelter's insurance.

As for the dog, its future is unknown but bleak. Although Animal Protectors is a no-kill shelter, Framel said euthanasia sometimes is necessary for dogs deemed too dangerous for adoption.

“A decision will be made about its future,” Framel said. “It will probably have to be euthanized. Once they bite, that's generally the policy. We will not release what we consider a dangerous dog to the public.”

Framel stressed the incident is a rarity for the shelter, which is celebrating its 50th anniversary.

She hoped the attack will not generate negative publicity for Animal Protectors as the agency ramps up efforts to raise money for an upcoming move to a new facility at Industrial Boulevard and Church Street in Parnassus.

“This is not going to help our fundraising,” she said.

(Tribune Live - Aug 31, 2016)

Georgia: DeKalb county shelter caught starving dogs; another dog died squeezed in cage door

GEORGIA -- A charity known nationally for saving the lives of dogs and cats faced questions about how it failed to properly feed starving dogs in the DeKalb County Animal Shelter.

 Lifeline Animal Project manages the DeKalb shelter, but it's the police department that's responsible for investigating animal cruelty cases.

 

 

On March 31, officers seized two emaciated dogs named Jax and Cicely. The next day they brought in a dog named Chaos, also severely malnourished.

But according to a DeKalb police memo, when detectives stopped by two weeks later to weigh those dogs, they found they "looked physically the same as we had last seen them."

 

There's a reason for that. Lifeline employees failed to feed them properly.

"How could an animal shelter forget to feed starving dogs?" we asked Lifeline Animal Project founder Rebecca Guinn.

"To be honest with you, Randy, this was an awful mistake," she admitted. "And we take full responsibility for it."

In his memo, DeKalb police Sgt. T.C. Medlin said he told Shelter Director Kerry Moyers-Horton on April 13, "I don't think they are being fed."

He said Moyers-Horton replied, "Don't generalize; they are being fed, just maybe not enough."

Large signs went up on the cages requiring the dogs be fed 3-4 times a day.

But detectives were not convinced.

They pulled surveillance video of the 400 section of the shelter where dogs involved in bite cases or animal cruelty are quarantined until their criminal cases are resolved.

 

Video surveillance showed that employees failed to feed the dogs - all of the dogs, not just the ones involved in criminal cases - leaving them to starve for MORE THAN 2 DAYS. Even after police made the complaint, the dogs again were starved.

Lifeline Animal Project Founder Rebecca Guinn calls it a "miscommunication" among employees.

Finally, the worst part of the story is that one of the dogs that had been seized from its owner and then again starved by the shelter.... he tried to wedge himself out of his cage, got stuck and died a horrible, painful death. He probably tried to escape because they were starving him. Who is going to get charged with animal cruelty for his death??

 

 

 

The owner of the pit bull named Chaos told the reporter he was wrong for leaving his dog inside the garage of an abandoned house (to be a guard dog apparently), but that if he's been charged with animal cruelty, why isn't the shelter staff also being charged with animal cruelty (good point).

 

(Fox5 - May 26, 2016)

Louisiana: Animal Control workers refuse deputy's order to retrieve animals in cruelty case

LOUISIANA -- Parish animal control workers recently refused a deputy’s order to pick up dogs in a cruelty case, according to the Livingston Parish Sheriff’s Office.

On April 2, Deputy Philip Lint responded to a report of inhumane treatment of animals in Eastover Estates. The deputy found a 43-year-old woman with an unspecified number of cats and nine dogs in her mobile home.

Deputy Lint took pictures of a small, white dog “unable to walk due to a broken back” and a “black and white dog with very large lumps (possibly tumors) growing from under the dog’s stomach area near the back legs.”

The utility serviceman who made the initial complaint also reported a dog with an open wound from the top of its inside thigh to the hip, as if it had been “cut by a filet knife.”

Both the deputy and the utility worker said they could not tolerate the stench inside the trailer.

“Deputy Lint experienced an overwhelming smell of animal feces and urine inside the residence, causing him to vacate the inside of the residence and finish the investigation outside,” according to the report.

Deputy Lint issued a misdemeanor summons for Cruelty to Animals and Failing to Provide Proper Veterinary Care.

“Deputy Lint then contacted the Livingston Parish Animal Control via phone and advised (the woman who answered) of the current situation and the condition of two dogs,” according to the deputy’s report. “Deputy Lint was advised by that female that it is the responsibility of the dog owner to ensure the dogs are taken to the veterinarian to get proper treatment. The dogs were left on the scene.”

According to the parish shelter’s Facebook page, the facility is “not open for any intakes from the public and can only take in dogs that are called in by the Livingston Parish Sheriff’s Office.”

Parish President Layton Ricks said his employees have the authority to ignore a deputy’s order to rescue if there is reason to believe that the person cited had previously tried to give the animals up.

Ricks said animal control assistant Desiree Green had previously received a call from a woman she believed to be the same person cited April 2 for cruelty. According to Ricks, the caller asked for help with dogs that needed to be put down because she did not have the money to pay a veterinarian.

When the call came in from Deputy Lint, Green “knew this lady was trying to get the dogs put down,” Ricks said.

Ricks said he supported Green’s decision to leave the dogs where they were. The parish cannot afford to euthanize all the dogs that are too sick or too badly injured to recover, Ricks said. The parish has spent about $500,000 on animal control over the past three years.

In September 2013, Green told the Livingston Parish Animal Control Board that the administration would not set an arbitrary limit to a dog’s length of stay at the shelter, and would continue paying a veterinarian to perform euthanasia.

John Wascom, now in his fourth month as a Parish Councilman, said the Eastover case was his first encounter with the animal control department. Wascom also spoke with Green about the Eastover animal cruelty case.

“She (Green) said one of the dogs had been run over by a car,” Wascom said. “I have to question the decision to leave those dogs, seeing as a deputy said they should be euthanized.”

Green could not be reached for comment by the News.

Members of the now defunct Animal Control Board, or Committee, said the policy requiring a citation frustrated subdivision residents trying to cope with abandoned dogs.

Residents are “tired of watching dogs in bad shape, emaciated and suffering. People in neighborhoods are watching them die,” committee member Randy Stegall said in 2013. “If we hold dogs in the shelter until they are adopted, then it will be a ‘no kill’ shelter. We can’t do that. Too many animals are out there suffering.”

At that time, at least one dog had been at the shelter nine months. Now the parish shelter’s Facebook page suggests that adoptable dogs are being euthanized.

“URGENT!” reads one post. “These sweet guys/girls are out of time! If you are interested in saving anyone in this album please give us a call.”

Buck was rescued by Walker Shelter Director Mary Gray. He was tied
to a tree... she thought he was dead until his tail started wagging.

The Facebook page does not give a euthanasia policy, the very thing Board members wanted in 2012-13.

The Board had been assigned to draw up a sample budget for a full-service shelter and a policy to address overcrowding. A majority of Board members said spending per dog would have to be reduced drastically in a full service shelter. Meanwhile, shelter officials expanded the existing shelter.

“If we’re offering animal control, then people should be able to rescue a dog and take it to the shelter,” Board member Phillip Woods said at a November 2013 meeting.

Green said taking drop-offs would put the shelter population well over its capacity. She refused to put down dogs based on the time they spent at the shelter, even though it meant turning away other dogs.

Desiree Green

This woman needs to be fired. If she doesn't want to euthanize animals for lack of space, then she needs to find another job. There is no reason for a starving dog to be left in an abandoned house because she is at capacity with dogs that have been sitting at the shelter for months with no one interested in them. 

Yes, euthanizing adoptable animals because you've run out of space sucks but if she doesn't want to euthanize, get help from others shelters to find out how to get involved in rescue transports to send them to other states. You can't just let the animals pile up at the shelter and then leave the starving, ill, dying ones out on the streets.

Mary Gray, Board member and Director of the Walker Animal Shelter, Woods, and others said the parish was wasting money by putting dogs down at Dodge City Veterinary Clinic when shelter employees could be trained to perform humane euthanasia themselves.

Wascom recently made the same point, saying that the cost of euthanasia at the shelter would be minimal and would allow the parish to respond to calls such as the one received April 2.

(The Livingston Parish News - April 16, 2016)

Nevada: Ex-Boulder City police chief charged with ‘failure to perform duty’ in animal cruelty case

NEVADA -- The Clark County District Attorney’s office has charged former Boulder City Police Chief Bill Conger with the misdemeanor crime of “failure to perform a duty” in connection with dropping an animal cruelty case against his former employee.

In April 2015, a criminal investigation found Mary Jo Frazier, then Boulder City’s animal control supervisor, had needlessly killed dozens of shelter animals for years. People who worked with her told a detective Frazier killed the animals for fun. Despite the detective’s findings, Conger dropped the case and let Frazier retire.

Bill Conger, chief of police administration for Boulder
City, in 2014. Photo: Las Vegas Review Journal

The scandal at the shelter has rocked the “Home of Hoover Dam” since December 2015, when the Review-Journal reported that the case had been dropped. Residents of the 15,000-person city came forward with horror stories about Frazier, and the city reopened the case. Frazier now faces two counts of animal cruelty charges. Frazier’s attorney has said in court that the former animal control supervisor is adamant about her innocence.

Conger quit amid the scandal after his staff went to the city’s human resources department and accused him of lying about when his staff came to him about Frazier. Conger’s departure was so abrupt, the city manager learned about it from a reporter.

The complaint, filed Tuesday by the district attorney’s office, argues Conger’s decision to direct his employees not to submit “substantiated felony animal cruelty charges” to its office was “contrary to the form, force and effect of Statutes.”

Conger told the Boulder City Review he was represented by attorney Tom Pitaro. Pitaro could not be reached for comment.

Conger has said he opened the April criminal investigation into Frazier as soon as he heard allegations about her. Boulder City police staff contradict that claim.

Animal Control Officer Ann Inabnitt testified she went to Conger in spring 2014 after she saw Frazier use the shelter to brutally kill Frazier’s own dog, according to grand jury testimony from the criminal case against Frazier.

Boulder City Detective David Olson and Sgt. Aaron Johnson both testified Conger told them the criminal case against Frazier would be used as a “poker chip.”

“’We’re going to use this as a poker chip, kid, because I know about some of this stuff prior and it’s going to look bad if it gets out,’” Olson said Conger told him. “’So we’re going to let her bow out gracefully and retire and we’re not going to submit charges and we’re not going to arrest her.’”

Conger told the Review-Journal in December that he felt felony charges had been an overreach and that Frazier retiring made the whole thing moot.

Former Boulder City Animal Control Shelter supervisor
Mary Jo Frazier in court on March 8, 2016 in Las Vegas.
 (David Ferrara/Las Vegas Review-Journal)

“People get in trouble and resign all the time,” Conger said.

Conger is scheduled to appear April 19 in Boulder City Justice Court.

An unnamed spokesperson for the district attorney’s office said in an email that no one was available to discuss the case.

“News to me,” Boulder City spokesman JC Davis said in an email when asked about the charge against Conger. Davis, who was hired in response to the scandal, had told the Review-Journal on March 21 that three investigations into the shelter by Boulder City Police had found no evidence of criminal wrongdoing on Conger’s part.

City Manager David Fraser has barred the Review-Journal from speaking to any employees involved in the case.

(Las Vegas Review Journal - April 8, 2016)

Kentucky: Logan County Humane Society board member Heather Dawson resigns after animal neglect charge

KENTUCKY -- A member of the Logan County Humane Society board of directors resigned after being cited Monday on five misdemeanor counts of animal cruelty.

Heather Dawson of Olmstead, who was elected to the board Feb. 11, was unavailable for comment.

"She did resign from the board on Tuesday," said Jo Orange, a Logan County magistrate and humane society board member. "We have her letter of resignation. We did not have a meeting."

Dawson did not explain why she was resigning, Orange said.

"She simply resigned from the board," she said.

Logan County sheriff's deputies received a complaint that Dawson, 39, had five horses that were neglected. The citation said the horses were staying in "extremely dirty stalls" and hadn't had their teeth checked or hooves trimmed.

Dawson took full responsibility, telling deputies she had been working and didn't have much time to take care of the horses, the citation said. She will appear in Logan District Court on March 16.

Orange was shocked.

"Based on everything I know about Heather, it's a horrible surprise to me. I never dreamed anything would happen, especially not to Heather," she said. "She loves animals and takes care of them. It came as a horrible surprise to a lot of people."

Logan County Judge-Executive Logan Chick said he learned of Dawson's situation Monday evening.

"I was in Frankfort all day Monday," he said. "The only thing I found out was that it could be a problem with her and her animals."

Chick said he "didn't know what to think."

"I wasn't able to reach the sheriff's department," he said.

Dawson's troubles won't affect the shelter, Chick said.

"I think her resigning from the humane society will take care of that and they will look for other members," he said.

Since former humane society director Tracy Moser was voted out of that position last week, remaining employees have operated the shelter and a board member is there every day, Orange said.

"I went out there Saturday, and things are going well out there as far as I can tell," Orange said.

All state and local agencies were contacted regarding the housing of the horses. None of the agencies was able to care for the animals. The horses are being housed at the property, but are under the care of a veterinarian and farrier until other arrangements can be made if necessary.

The horses' conditions are improving. Veterinarian and farrier services will continue for an undetermined amount of time. The case remains open.

Dawson was also taking care of three deer, two opossums, a raccoon and a squirrel. Broadbent Wildlife Sanctuary in Guston came to pick them up Wednesday at the request of the Kentucky Department of Fish and Wildlife Resources. Broadbent employees travel the state gathering injured and orphaned wildlife.

"They were all in healthy condition. There were no signs of neglect," sanctuary supervisor Chris Fears said. "She was just housing them from the winter through the spring to get them released."

If what Dawson said is true, that she was working and just didn't have time to care for her horses properly, then why were these animals in "healthy" condition? She CHOSE to neglect the horses.

Dawson has had a wildlife rehabilitation license in the past. She wasn't supposed to do it without a license.

"She didn't (have a license) at the point and time Fish and Wildlife called us," Fears said. "According to Fish and Wildlife, that's why we had to pick them up."

For now, Broadbent will keep them until employees can determine whether they can make it in the wild on their own, Fears said.

"We want to monitor their eating and drinking habits and make sure everything is good before we release them into the wild," he said. "We have 4,000 acres with no hunting and no fishing so they have a lot of room to roam on."

(BG Daily News - Feb 27, 2016)

Texas: Girl, 7 chased, bitten by pit bull treated at local hospital

TEXAS -- A 7-year-old Copperas Cove girl was treated at Seton Medical Center Harker Heights after she was chased and bitten by a pit bull that got out of the home of an animal shelter worker who was fostering the dog.

The girl was outside playing Friday in the 1400 block of Dryden Avenue in Copperas Cove when the dog a neighbor was fostering, got out and began to chase her, biting her in the thigh, her mother, Stacey Faultz said.

After she was bitten, the girl tried to run away, but the dog followed her into the house, Faultz said.

Faultz said the dog went back outside after she yelled at it.

The girl was treated for what police described as “a small scratch on the thigh,” and animal control was notified.

The animal shelter employee, who was not identified, was caring for the dog at home in attempt to restore the pit bull’s health because it was malnourished when the shelter received it, police said.

(KWTX - Feb 22, 2016)

Illinois: David Diamond, 32, sent to work at animal shelter as part of his community service requirement. While there, he abused the animals.

ILLINOIS -- A man working at an animal shelter in Fairfield, Illinois as a part of community service is now charged with abusing one of the animals he was supposed to be taking care of.

32-year-old David Diamond faces preliminary charges of animal cruelty and disorderly conduct.

Fairfield Police were called to the Wayne County Humane Society on Monday. This comes after shelter workers saw surveillance video showing Diamond throw a dog out the back door of the facility and also choking the animal.

Eyewitness News has been told Diamond was immediately removed from the shelter and arrested. He has since bonded out of jail.

(Tristatehomepage.com - Feb 2, 2016)

New York: Animal shelter worker, Angela Bartlett, 32, charged with animal cruelty

NEW YORK -- A shelter worker at Wanderers' Rest Humane Association in Chittenango has been charged with two counts of animal cruelty in connection with the employee's personal dog, according to Madison County sheriff's deputies.

Angela Bartlett, 32, of New Boston Road in the town of Sullivan, was charged Saturday with two counts of animal cruelty under the state Department of Agriculture and Markets law, said Capt. Eric Ali.

Bartlett was charged with overdriving, torturing or injuring an animal and failure to provide sustenance, a misdemeanor; and not having appropriate shelter for a dog left outside, a violation.

Police said they received a complaint in November about a malnourished dog at Bartlett's residence, and after responding observed that the dog showed signs of malnutrition. Police said a deputy spoke to Bartlett and outlined corrective actions she should take.

The deputy checked on the dog several times and it seemed to be doing better, but the last time the officer visited the residence the dog's condition has deteriorated, police said. 

The animal was seized by the local animal control officer and taken to a local vet, who determined the dog was underweight and had other medical conditions related to improper care, deputies said.

Bartlett, who is a shelter worker at Wanderers' Rest, is still employed by the organization.

Linda DeMuro, executive director of Wanderers' Rest, said the incident was not shelter-related, and stated that she has no concerns about Bartlett's work.

"She is an employee, and she exercises extremely good judgment while working here," DeMuro said.

DeMuro said the shelter's number of adoptions has risen substantially in the past quarter, in part due to Bartlett's efforts.

DeMuro said the dog, a German shepherd mix, came to Bartlett through her brother. She also said Bartlett had "made an appointment to seek support" since the incident.

"It's a very sad situation,'' she said, adding it can be hard to find a new home for a pet.

"Folks are often very judgmental when it comes to surrendering an animal, and it can be due to a financial situation or because the person can't have the animal in their particular living arrangement,'' DeMuro said. "People can be very hard on someone who surrenders an animal. We need to be more sensitive when someone needs to do that, and work together."

Bartlett is scheduled to appear in Sullivan town court Feb. 2.

(Syracuse.com - Jan 6, 2016)