Tuesday, September 21, 2004

Oklahoma: James Cox attacked by his own dog. Neighbor shot Rottweiler, killing it

OKLAHOMA -- At about 9:20 p.m. on July 26, a Rottweiler belonging to Oklahoma City, Oklahoma, resident James Cox suddenly attacked Cox and began viciously biting one of his legs. Several neighbors ran to help the beleaguered pet owner, but could not control the dog, which began menacing the rescuers.

Another neighbor, Michael Bigler, was outside in his wheelchair when he realized what was happening. Quickly wheeling himself into his house, he emerged with a handgun and fatally shot the dog.

Cox was taken to a local hospital for treatment of his leg wounds. The Oklahoman newspaper reported the next day that police "don't expect any criminal charges against Bigler" since, in the words of a department spokesman, he was "trying to protect people."

(The New American - September 20, 2004)

Saturday, August 28, 2004

Florida: Animal Control officer mauled by two pit bulls before another officer manages to shoot and kill one

FLORIDA -- Frank Baldwin could see the blood dripping in front of his left eye as the two pit bulls sank their teeth into his body.

The Martin County Animal Control officer knew he had to get to his feet if he was going to live. He pushed himself up off his stomach, feeling the bite that tore his ear, but using sheer will to continue the fight.

"I just knew that I had to get that dog before it went after somebody else," Baldwin said Friday. "This was a level of viciousness that I had not experienced before."

One dog involved in the Wednesday night attack was shot and killed by a state environmental officer. The second was captured. Authorities are seeking criminal and civil charges against their owners.

Though he sat in pain, with a partly mangled face, the 130-pound, 23-year-old vowed to continue serving.

"I want to go back. I don't have any fears about going back," he said. "I like doing what I do. As soon as I can get back out on the road, I want to be there."

The attack came after Baldwin was called to a home off Dixie Highway and Alicia Street on a report that a jogger and a bicyclist had been bitten by a pit pull.

He arrived to find the animal charging the state officer's vehicle before it turned and charged at his own vehicle. Though the other man was armed, Baldwin knew he had the training and tools to handle the dog, so he got out of his vehicle and went to work.

The noose on the end of Baldwin's catch pole kept getting twisted but he finally had the dog cornered between the house and the back yard fence.

"I just about had the noose around his head when I saw the other pit bull squeeze out of the top half of the gate on the fence," he said. "It got stuck just a little bit and gave me just a second to draw my baton because I knew they were going to come after me."

The attack was on.

"And I hit the ground," he said. "That's when I really felt one of them bite my ear, one of them bite my face," he said. "The only thing I was thinking when I was on the ground was that I had to get back up.

"I pushed up with my hands. ... I could see drops of blood just falling in front of my left eye."

During the attacks, George LeBanc pulled up and opened his door for Baldwin.

Sheriff's deputies and firefighters arrived to help, whisking the officer to the hospital.

"We kind of lost count on the stitches," he said. "I still have my eye, which I'm very thankful for. It could have been a lot worse."

Baldwin credited those who stopped to help with saving his life.

"If it had just been me and those dogs," he said, "I do not believe I would have survived."

(Sun Sentinel - August 28, 2004)

Saturday, July 24, 2004

California: Emma Harter, 73, Gets Probation for Forcing More Than 230 Chihuahuas and 60 Birds to Live (and Die) in Squalor

CALIFORNIA -- Emma Regina Harter, an animal breeder convicted of keeping more than 230 Chihuahuas in squalid conditions at her Acton home, was sentenced Thursday to five years' probation and barred from owning any animals during that time.

Harter, 73, was also ordered to receive psychological treatment.


Harter seemed unmoved by the sentence, a far cry from her reaction during her trial four months ago. She collapsed in the Lancaster courtroom after she was found guilty of four felony counts of animal abuse and four misdemeanor charges, including battery on an animal control officer.

On Thursday, Harter, wearing a blue dress and a long pearl necklace, quietly watched her attorney, Robert D. Conaway, unsuccessfully argue for a new trial. Footage taken by animal control officers as they entered Harter's home unfairly influenced the jury, Conaway told the court.


Instead, Superior Court Judge Lisa Chung agreed to spare Harter the three-year prison term allowed by law. Prosecutors said Harter's age -- and a clean record -- made her unsuitable for incarceration.

"I just don't see how sending Ms. Harter to state prison for three years is going to do anybody any good," said Deputy Dist. Atty. Steven Heller after the sentence. "Putting her in jail with hardened criminals was not an adequate result."

 

Nonetheless, Harter was ordered to follow a series of restrictions. She will be subject to periodic visits from animal control officers to ensure that she is not keeping animals at her property during the probation.

Harter also cannot live with anyone who owns an animal. Harter's attorney said his client was considering an appeal of the sentence.

In March, a jury took 45 minutes to convict Harter. Officials in that hearing testified that hundreds of Chihuahuas, some of them sick or injured, roamed Harter's property and four-bedroom home, sometimes defecating inside the house. Some dogs became feral, forming packs, fighting and occasionally killing each other.


Many of the Chihuahuas died from illness, officials said. About 150 were saved and turned over to Chihuahua rescue groups for treatment and possible adoption.

Impounding and treating the dogs cost the county about $440,000, officials said. Harter will return to court in September to face a restitution hearing for those costs.

EMMA HARTER WAS HOARDING DOGS AS FAR BACK AS 1982
Harter said she began breeding Chihuahuas in 1982 when she was living in Granada Hills, where she got into similar troubles with Los Angeles city animal control officials. 

She then moved to Acton in 1992 and obtained a kennel license. Within three years, she was caught with about 40 Chihuahuas living inside the home in squalor and charged.

(LA Times - July 23, 2004)

Earlier:

Thursday, July 22, 2004

Illinois: Cat hoarder Lynda Smith found guilty, given probation. She and her husband Larry Smith still in denial

ILLINOIS -- The Kane County state's attorney stepped in this week to resolve the case of Aurora resident Lynda Smith, who once hoarded and neglected 26 cats in her home and could have faced felony charges, but instead was found guilty of animal cruelty and sentenced to 24 months' probation.

Smith, who also was convicted of failure of owner's duties, a misdemeanor, will not be able to keep cats in her home for two years. She also agreed to unannounced inspections of her home on George Avenue for the duration of probation.

"I became aware that the case was taking too much time because there were too many attorneys involved," State's Atty. Meg Gorecki said. "I assigned the file to myself in hopes of resolving the case.

"My concern was for the neighborhood and any animals that could be harmed in the future," Gorecki added.

She said that if animals are found in Smith's home during inspections, a violation of probation could be issued along with a notice to appear in court.

"Or we could issue a warrant [for her arrest]. It would depend on the severity of the violation alleged," Gorecki said.

When Smith's lawyer, Michael Noland, explained that for two years she will not be able to have any pets, Smith said: "I will die. It will kill me."

The prosecution produced photographs Monday of cats that were said to have been seized from Smith's brother's home. The photos of the cats, euthanized after their seizure, showed visible injuries and were said to be "lethargic and dehydrated."

Smith cried foul because the animals were not found in her home, and although she admitted one injured cat had been in her care, she said it had been given to her that way by a neighbor.

"I believe you when you say this cat came from [a neighbor]," Noland told his client. "But it's not necessarily about what the truth is. It's about what you can prove."

Last August and September, Aurora Animal Control removed 26 cats and a dog from Smith's residence and her brother's residence on Smith Street, according to Linda Nass, animal control manager.

Aurora allows citizens a limit of four domesticated animals per household: two cats and two dogs. Most of the animals were at her brother's house, where Smith was assumed to be living because her home was "deemed unfit for human habitation," Nass said. No charges have been filed against Smith's brother.

Larry Smith said his wife was "never cruel to animals. If an animal was sick, she called the vet. She has even done CPR on cats."

Although last month Smith could have agreed to a deal to sell her house to the city for $70,000, plead to reduced charges and have fines and court costs waived, she refused. Her lawyer at the time, Salvatore Miglore, withdrew from her case that day.

(Chicago Tribune - July 21, 2004)

Earlier:

Thursday, June 24, 2004

Bullet stops dog attack

GEORGIA -- A Thomaston police officer was forced to make a split-second decision Tuesday morning, shooting and killing a pit bull dog when the animal suddenly attacked.

The dog's owner, Julius Witt Strickland, 24, 210 West Walker St., was charged with allowing a dangerous dog to roam at large.

"This dog was a mean one," said Bobby Ellington, the city's animal control officer. "He came charging at me full speed. He wasn't barking or growling or anything. It was just a silent dead run and I had to shoot him in order to protect myself and the other officers.

"If there had been a child out in the dark that morning, that dog would have killed a child," Ellington said. "It would have killed an elderly person. This was a big dog - an 80 pound Mastiff Pit Bull mix - capable of crushing bones."

Lt. T.J. Fields and Ptl. Charles Cannady were called to a Plum Street address just before 3:30 a.m. after a man called and said the dog attempted to attack him whenever he came outside and was keeping him trapped inside.

The lieutenant and the patrol officer arrived moments later, but when they attempted to leave their patrol vehicle to knock on the door, the animal barreled around a corner, attempting to attack them, and forcing them to retreat to the safety of their vehicle.

The officers then called Ellington for help.

"I went in the house to make sure the man was okay and as I was coming back outside, that's when the dog ran at me," Ellington said. "The animal was about two feet away from me when I fired the shot, but I didn't have any other choice."

Ellington said minutes after the shooting, the owner, who lives three blocks away on West Walker Street walked up.

"The owner said he had turned the dog out earlier in the evening and that the animal didn't come back," Ellington said. "I don't understand why a dog like that would have been turned loose anyway. These animals need to be penned. We're just not going to put up with that sort of thing in Thomaston."

Ellington said reports of vicious animals are all too frequent.

"I wish these dogs would just get banned in Georgia," he said. "This was an extremely dangerous animal and dealing with an animal like that once a year is enough for me."

(Thomaston Times - June 23, 2004)

Saturday, June 12, 2004

Illinois: Cat hoarder Lynda Smith, 62, still making excuses as to why she abused and neglect the animals

ILLINOIS -- Aurora resident Lynda Smith said the cats just know to come to her house.

"I must have a paw print on my property because the cats come," she said.

Even as she spoke, a cat hopped from the floor of her east side home onto a stack of boxes before disappearing into a pile of more boxes.

"They come in through a broken window," she said.

Smith seems oblivious to the pungent cat odor in her home, which the city has condemned. But the scent was unmistakable on her clothing as she arrived in court Tuesday to see if a new attorney can help her fight a tangle of charges that all stem from her love of--some call it an obsession with--cats.

Smith is facing animal cruelty charges stemming from the seizure of animals last fall. Her attorney of 10 months, Salvatore Miglore, was in court Tuesday to withdraw from the case.

"We have differences in how the case should be handled," Miglore said.

He noted that the state had offered to reduce the charges and not charge any fines or court costs.

"She would have to agree to periodic inspections of her home," he said. "The state even offered to buy her house for $70,000 and waive the $12,500 in liens on her property."

Smith, 62, doesn't have much contact with her two children. Her husband doesn't live with her anymore. Her father recently died. Her brother, who has cerebral palsy as well as a fondness for cats, lives nearby.

Smith has bronchial asthma and a form of Parkinson's disease that causes her head to nod uncontrollably.

Her oldest, most beloved cats, five or six of them, are at a Naperville no-kill animal shelter, she said.

"I talk to cats. I share my feelings with them. I sleep with them. I'm sorry I'm a mixed-up person. I used to help people, but now I help cats."

Last August and September, Aurora Animal Control removed 26 cats and one dog from Smith's home and her brother's residence, said Linda Nass, animal control manager.

Aurora allows residents to have four domesticated animals per household: two cats and two dogs.

Most of the animals were at the brother's house, where Smith was assumed to be living because her home was "deemed unfit for human habitation," Nass said. No charges have been filed against Smith's brother.

Cynthia Ralls of the Aurora advocacy group Just Housing said inspections, which could be done at any time, are a violation of Smith's 4th Amendment rights to unreasonable search and seizure.

But her former lawyer disagreed.

"All they're asking her to do is comply with the law," Miglore said.

It's a fair offer in the opinion of her new attorney, Michael Noland of Elgin.

Lynne Ellberg, administrative assistant with Kane County Animal Control, said on Sept. 25, 2000, Smith was "found guilty without malicious intent" of animal cruelty charges. She was not fined.

It was determined Smith was storing 48 caged cats in the garage of an elderly woman's house just outside the city limits, Ellberg said.

The cats were found in late June 2000 without food, water, or sufficient ventilation.

Smith has a therapist who is a specialist in obsessive compulsive disorders. She has Charlie Petrof, a staff attorney with the Chicago Lawyers' Committee for Civil Rights Under Law Inc., helping her fight housing violation charges. She has a veterinarian, she said, who helps her care for her cats. She has an advocate and friend in Cynthia Ralls.

But the cats are all that really matters to Smith, who said they are more important than she is.

"The tools [the city] have used to try to fix this problem probably have made it worse. This all boils down to dealing with her disability," Petrof said.

(Chicago Tribune - June 11, 2004)

Thursday, May 20, 2004

Michigan: Harold Wyman, 66, had 80 cats suffering inside his feces and ammonia-filled home

MICHIGAN -- No charges will be filed against a Detroit man whose home was overrun by 80 cats because he called for help, the Detroit Free Press reported Thursday.

Harold Wyman, 66, called an animal shelter to say caring for the houseful of cats was too much for him. The shelter in turn called the Michigan Humane Society, whose members showed up at his home in hazardous-material outfits.

Once inside, officials declared the house a bio-hazard as they scrambled through filth to capture the near-wild cats.

"We turned a couch over, and there must've been 50 cats," said Mark Ramos, a humane society investigator, after he emerged from the one-story brick home. "It's pretty bad in there. Everything's covered. There's parts of the room where it's several inches deep."

The cats were taken to the Detroit shelter for testing for diseases. Those that are healthy will be put up for adoption and the others destroyed.

Nice. They rescue them from horrendous conditions only to kill them.

Since he sought help with the cats, police said Wyman would not be charged with any city violation.

(UPI - May 20, 2004)