TEAM BEAU: Bryan Mauldin, a consulting attorney on Beau, has provided the following update that gives you Beau and his history in court. Please note, a new motion was filed last week and we are awaiting to hear from the court. Please share as this update should clear up any misinformation about Beau. As always, your support and voices are important to help stop this injustice! Beau’s Journey in Court On September 19, 2014, Danny Higgins was issued a Citation alleging he violated the City Ordinance “Vicious Dog.” The Citation was signed by Officer Winchester who swore that she had reasonable grounds (probable cause) to believe the charges. The Citation did not include the number of the ordinance violated or its title. The Citation stated, “The dog…was running loose. The dog did attempt to bite a 8 year old boy. The dog also killed a duck that was on the (defendant’s property). Therefore, the defendant is charged with the city ordinance vicious dog.” No other factual allegations were stated. Officer Winchester did not interview the 8 year old, Andrew Ferris. She spoke with his older brother, Roger Ferris, Jr., also a juvenile who said the dog Beau had “attempted to bite” his younger brother. The older boy did not see the incident. Officer Winchester did not talk to anyone who saw Beau try and bite the child. Officer Winchester did not find the body of the duck or traces of the duck. Again, she spoke only to the older brother who did not see the incident either. Officer Winchester did not talk to anyone who saw Beau kill a duck. No citation was issued to Roger Ferris, Sr. for keeping ducks, even though there is an ordinance making it illegal to keep ducks within the City limits. Animal Control Officer (ACO) Paige Turnage was called to capture and impound Beau. The ACO did not speak to any witnesses or conduct any investigation. She didn’t see either of the incidents and did not find a duck. When the ACO and the Officer tried to capture Beau, he allegedly started toward them with the hair on his back standing up, but then turned and ran to a neighbor he knew. The neighbor took Beau by the collar, led him to the ACO’s vehicle and placed him inside. Beau was impounded at the Dyer County Humane Society Animal Shelter, where he remains. When Beau entered the Animal Shelter, he was agitated. However, after settling in for a couple of days, Beau adjusted to the new, noisy and chaotic environment and calmed down. The staff at the Shelter now play with him. Danny visits Beau every day and he is playful and affectionate. When the manager of another area shelter, who had never met Beau, came to visit, he was playful and gave her “kisses” licking her face. On October 8, 2014, Danny went before Judge Dean Dedmon in Municipal Court to answer the charges in the Citation. He did not have an attorney. Officer Winchester and ACO Turnage were also present. No evidence or testimony was presented as to any of the allegations in the Citation. When questioned, the ACO testified that Beau tried to avoid being captured, came towards them with his hair raised and then ran to a neighbor. The ACO pointed out that Beau might have been reacting to her in particular since she was in uniform and he had seen her capture other dogs and take them away. What Beau did while attempting to avoid capture was not included in the Citation. The ACO also testified as to Beau’s behavior when he first entered the Shelter. She then acknowledged that within a couple of days he had settled down and was affectionate and playful. No other witnesses were called. Solely on the basis of Beau’s behavior while trying to evade capture, and despite other evidence and despite the fact this allegation was not included in the Citation, Judge Dedmon found Beau was vicious within the meaning of the Ordinance. The Judge then told Danny that if he wanted to keep Beau, he would have to comply with another Ordinance that lists the requirements for keeping a vicious dog. The Judge explained that the dog must be kept inside or outside in a locked pen, with a secured and connected roof and floor. If the floor is not connected to the sides, the sides must extend at least two feet below ground. The pen must be lighted. There must be numerous signs. Whenever the dog is outside the pen, he must be restrained by a muzzle and leash. The owner must also keep $50,000 liability insurance at all times. Danny told the Court he could not possibly afford to comply. The Judge stated that since Danny had “refused” to comply with the provisions, Beau would be euthanized on October 21, 2014. The Judge also told Danny he was liable for the fined and the fee for impoundment, as well as daily boarding fees for housing the dog until it was euthanized. Danny got a lawyer. On October 16, 2014, the City filed a petition to delay the date of euthanasia. The Court granted a stay until November 20, 2014, and even though it was requested by the City, the Judge order Danny to pay costs of Boarding Beau during the stay. The Mayor wanted the stay to try to arrange for Beau to be released to a rescue organization outside of Tennessee. Unfortunately, under the law, the Judge could not permit this because Beau had been ruled vicious and cannot be released. Also, if the City released a vicious dog to a rescue organization and someone then adopted that dog, and the dog bit someone, the City would be liable. The law provides Beau can only be released if Danny, the owner, meets the requirements for maintaining a vicious dog. Beau is under the jurisdiction of the Court and only the Court can determine where Beau is held. And the Court must follow the law just like anyone else. The next day, Danny’s lawyers filed an appeal for a new trial. The notice of appeal was filed with the City Court and the appeal bond was paid to the clerk of the Circuit Court. The appeal would be heard in Circuit Court. The City then filed a motion to dismiss the appeal because there was a mistake where the appeal bond was filed. The appeal bond should have been filed with the Clerk of the City Court. Danny’s lawyers filed another appeal bond with the correct court. On November 20, 2014, the Circuit Court dismissed Danny’s appeal, which would have ended the case, except the Court also granted an appeal by Danny to the Court of Appeals in Jackson, TN as well as another stay of the euthanasia date until Danny’s appeal is decided. On November 26, 2014 Danny’s lawyers filed a motion for extraordinary relief in Circuit Court on the basis that the Ordinance under which Danny was originally charged is illegal, void, and unenforceable under state law. No hearing has scheduled and no decision made ono this motion. It is still pending.
Posted on: Sun, 30 Nov 2014 21:58:38 +0000
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