Update on my dog situation.
Firstly, I appreciate you all and I appreciate that many of you would check in with me from time to time and ask how things have been goin.
Its over. The charges of animal cruelty were dismissed after providing the evidence that I had in fact been consulting a vet (wel known around these parts) and with his help had been narrowing down the possibilities of what could be wrong. Dan gave me several ideas, things to check... you know, if she does this it could be this, if not it could be this. Anyhow, Dan and I had talked, I had proof on my phone and kept the conversations and texts. He also provided a letter to my lawyer stating his credentials and vouched for our conversations.
The other evidence was that I had requested from work to cash out my vacation so I had the extra money to get Ivy to the vet and still be able to pay my bills. I had the pay stub of the extra check issued to me after my request and I received the money two days after my dogs were taken.
In the end, the prosecutor wanted me to "pay" somehow, so charged me with one count of not having my dog properly tagged. Its was a $100 fine which I couldnt argue against, because he wasnt tagged and I was a few days past the deadline of havin a new dog tagged. I think they allow 30 days. I had no choice but to plead to that charge but I absolutely refused under any circumstance to accept any other deal that would find me guilty of animal cruelty.
I sold my hangun, my prized 1911 to help pay for the lawyer, I cashed out my vacation, Ivy was put down and Max was rehomed, adopted out.
When I was charged, I was interviewed... I wasnt eventold what was goin on. I know factually the officer uses a recorder during "interviews" but in this case he did not, he took handwritten notes. He gave me paperwork for a court date but the charges were'nt even on the paperwork. I was never told the charges. The dog warden was supposed to have gone before a judge to get permission to take the dogs after submitting evidence to support his case. Remember the burden of proof falls on my accusers. He never did go to the judge to present his case and request permission to remove the dogs.
So,
I HAD TO PROVE MY INNOCENCE!!! Their whole sticking point was that I didnt provide "reasonable care" that Ivy wasnt in the care of a liscensed vet. That was what they considered to be reasonable care. Not that we were treating her at home, that we were doin everything within our ability to take care of Ivy while we waited on my extra check to get her to the vet and she was getting better. She had gone from barely bein able to move to bein up and able to get in the car and I took her with me when ever she climbed in!
The dog warden actually told me this was all my opinion that we were caring for her, that what we were doin was not providing care and that we weren't able to make the proper decisions regarding her care. I told him that the person who went to the police and filed the report made a judgement call based on
their opinion which was formed within just a few minutes. That person didnt make the special meals for her with deer meat and chiken, brown rice and broth and high end puppy food to help keep weight on her, that person didnt sit with her all night making sure she was ok, and that person didnt make room and move her to my shed with a heating pad and my deer skin, and that person didnt hand feed Ivy to make sure she ate.
That person was my landlords wife. I dont even know what she was doin here. They cost me about 2500 dollars. That includes missed work, lawyer, late payments on my rent because I was payin a lawyer, fines and court costs. She cost me my best dog ever and I rehomed a couple other dogs to reduce my costs here and so I could focus on Ivy.
Additionally, in the report from the dog wardens vet, the reason Ivy was put down is because "diagnosis and treatment too costly". They didnt even diagnose her! They have no idea what was wrong and whether or not we were on the right track with her here at home!!! They have no way of proving/disproving our course of action in treating her as being right or wrong! I cant believe it! They dont know! They dont know what was wrong and whether or not it could be treated by us here at home! How many people have lame dogs that are treated and live out a decent life as a companion animal? We know/knew there was a possibility she would have to be put down, but dang... my money was on its way so I could get her checked! That should have been my decision to make!!! Oh, and Max, their vet didnt find anything wrong, or as I was told, "the other dog is fine".
There are a couple things I wanna persue but I dont know which way to go.
#1 I know the case could have been thrown out because the police didnt provide me with the charges, but the lawyer said they would have refiled immediately and it wouldnt have got me my dogs back. I wasnt shown a copy of my statement, nor was I asked to sign anything and made aware of my rights, I wasnt told anything. Just asked to come in and sit down and talk, tell me whats goin on with the dogs, do you know why they were taken? Thats it and in the end he says be at court on this date at this time.
#2 There is no law that allows the dog warden to remove animals without the judges permission via a court order. What the heck do I do about that?
#3 And finally... I mentioned Ivy was put down and Max adopted out. Each were wearing collars hand made by me. Keep in mind, the charges were dismissed based on evidence provided by me (and Dan, THANK YOU!!!) So, while the case (a criminal case, first degree misdemeanor) was active/undergoing, one dog was put down and the other was given away. The dogs were evidence in an ongoing case, and ultimately I was cleared of the charges. Heres my question, is it legal for ownership of eveidence in an ongoing criminal case to be transferred? I was cleared, so where the heck is my property? Howd they give away property which was mine before I was even convicted of the charges?
WHISKEY TANGO FOXTROT!!! What do I do? How can that be, how can they take property and evidence (in this case my dogs!!!) and do what they want like give them away while the case is ongoing? I could understand if there was a conviction or I was found guilty. But what the hell man! How can this be?
Does anyone here know enough of the law to comment one way or the other cuz I cant find anything regarding this stuff.
:evil: :evil: :evil: :evil: :evil: :evil: :evil: :evil: :evil: :evil: :evil: :evil: :evil: :evil: :evil: :evil:
And of course I miss Ivy most of all.
