TEAM BEAU! CRITICAL UPDATE FROM LEGAL! CALL FOR ACTION! The following is the update from the legal team from the hearing held October 31 in Dyer County. For everyone else asking what can be done to save Beau, the contacts and addresses are included. We need you!!! LEGAL UPDATE Saturday, November 1, 2014 As you know, Beau’s owner filed an appeal to overturn the finding of viciousness and to get Beau back. A hearing on a motion filed by the City of Dyersburg to dismiss this appeal was set for Friday, October 31 in the Circuit Court for Dyer County, Tennessee. Attorneys Bill Edwards and Brian Boyd appeared on behalf of Beau and his owner. A total of four attorneys were present on behalf of the City. The City of Dyersburg does not employ a full-time City Attorney. Instead, the City contracts with local attorneys on an as needed basis. The Mayor was also present. After a review of the pleadings that had been filed and a brief discussion, the Judge pointed out to both parties that he believes this to be a purely criminal matter. The Judge indicated that the would give the parties the opportunity to submit legal briefs addressing the question of whether this is a criminal or civil matter. The Judge then pointed out that should the matter be purely criminal, the pleadings submitted on behalf of Beau and his owner were not appropriate and require revision. Then the Judge went on to note that the City was represented by a City Attorney, just as the City had been at the initial hearing in City Court when Beau was found to be “vicious” within the meaning of the vicious dog ordinance in the City Code. The Judge then advised the lawyer for the City that if this was a criminal matter the City Attorney does not have the authority to represent the City in this matter. Instead, someone from the Dyer County District Attorney’s office will have to represent the City. Accordingly, the Judge determined that it was not appropriate to proceed with the motion and he continued the hearing until a date to be set later. The City Attorney has the authority and duty to represent the City of Dyersburg in all civil (noncriminal) matters. The District Attorney for Dyer Country has the authority and duty to prosecute anyone charged with a criminal offense committed within the County. If the matter involving Beau is a criminal matter, then the Court hearing it is exercising its jurisdiction over criminal matters and the City must be represented by someone from the District Attorney’s office. Bear in mind that the lawyers for Beau and his owner may represent them in both criminal and civil matters. Beau’s owner was issued a citation for keeping a vicious dog. This is a violation of a City ordinance (law) and is, indeed, a criminal offense, albeit a very minor one. The fine is $50. There is no jail time. The offense is charged by issuing a citation, just like a traffic ticket. In most jurisdictions the citation can be issued by either a police officer or an animal control officer. When the citation for Beau was issued, both the police and an animal control officer were present. It appears that the Circuit Court Judge is correct. This is a criminal matter. Accordingly the City has not had the proper representation. The Judge indicated that next week he would be willing to reset the hearing for a date in the first half of November. Since Beau has a stay until November 20, the day of the hearing on the appeal, the Judge declined to consider a further stay, since one is not necessary at this time. We will let you know the date and time of the next hearing as soon as it is set. In the meantime, the lawyers ask that you politely continue to call, email and write the Mayor, the City Attorney, and the District Attorney for Dyer County, letting them know that you support Beau, that you do not see any evidence that he is vicious, and that you want him returned to his owner as soon as possible. Beau was healthy and playful on Friday after the hearing, so at this time it is not necessary to ask that he be moved to another facility or that he be seen by a veterinarian. The focus should be on saving his life and setting him free. Just keep your message simple and thank the person you speak to for listening: Mayor John Holden 425 W. Court St. P.O. BOx 1358 Dyersburg, TN 38025-1358 (731) 288-7600 Phillip Bivens District Attorney General, Dyer County P.O. Drawer E Dyersburg, TN 38025 (731) 286-8239 John Lannom City Attorney, City of Dyersburg 422 McGaughey St P.O. BOx 1729 Dyersburg, TN 38025-1729 (731) 288-2517 Commentary: The lawyers for Beau and his owner consider what happened today to be potentially a small step forward. It is better to face someone from the D.A.’s office than the current City Attorney. No one has any idea why, but the City’s lawyer seems absolutely dead set on seeing that Beau is euthanized. On the other hand, the D.A.’s office is understaffed and overloaded with criminal cases involving much more significant matters and probably does not have the time, resources, or interest to take a hard line in Beau’s case or be involved in protracted litigation and endless motions over such a minor matter. It may even be possible to amicably resolve the issues to the satisfaction of everyone involved. Also, the Judge gave Beau’s attorneys a heads up as to what he would like to see in their pleadings. Finally, It is possible that the initial hearing at which Beau was found to be vicious was procedurally defective because the City was not properly represented. So everyone keep gathering signatures, keep the letters, emails and calls coming, and keep the faith. Bryan Mauldin on behalf of Bill Edwards of Beau’s Legal Team
Posted on: Sat, 01 Nov 2014 09:52:15 +0000
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