3MTA3
09-18-2009, 08:39 PM
Judge will issue written opinion in pit bull euthanasia order appeal
by Dan Sanderson-Staff Writer
Wednesday, September 16, 2009 11:20 AM EDT
A Grayling couple and their supporters will have to wait a month to learn the fate of two pit bulls they hope to bring back home to be part of the family.
46th Circuit Trial Court Judge Dennis F. Murphy, after hearing oral arguments Friday, Sept. 11, said he will issue a written opinion in 30 days for a case Dawn and Ken Minard have filed against Crawford County seeking to save their dogs, Shelby and Riley, saved from euthanasia.
The court case stems from an incident that took place on July 18, 2008. James Vernon Gardiner, who lives near the Sherwood Forest Subdivision, was riding his mountain bike south from Pollack Bridge Road. Gardiner left the roadway at the intersection of Tomahawk Trail and Little John Avenue and turned to travel on a dirt trail, which runs parallel to the railroad tracks. Gardiner said the two dogs aggressively approached him barking. He sprayed a water bottle at the dogs, put his bike in front of him as a shield and eventually fended them off with a stick before their owner called them home.
The Minards live in Grayling Township's Sherwood Forest Subdivision at 635 Little John Avenue.
On Nov. 26, the Minards were summoned into Crawford County District Court. After hearing testimony from witnesses, Crawford County Animal Control Officer Gail Foguth and arguments from former Crawford County Assistant Prosecutor Dave Sabin, Crawford County District Court Judge Monte Burmeister determined the dogs were dangerous animals. He ordered Foguth to seize the dogs and put them in the AuSable Valley Animal Shelter. The initial date to euthanize the animals was set for Dec. 18.
Burmeister was forced to issue a stay on the order to euthanize the pair of Staffordshire Terriers on Jam 7, 2009, after the Minards hired Grayling attorney Miranda Bailey to appeal the case in Crawford County Circuit Court. The dogs were scheduled to be euthanized on Jan. 8.
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In seeking to have the decision to euthanize Shelby and Riley overturned, Bailey presented four arguments to the court on Friday.
First, Bailey said that the dogs should not have been ordered to be euthanized under Michigan's Dangerous Animals Act because they did not bite or attack Gardiner. Further, Bailey said that Gardiner's "reasonable apprehension" that the dogs would have attacked him also did constitute an attack and that Gardiner's spraying water and swinging the stick may have intentionally or unintentionally provoked the dogs.
"They were puppies," Bailey said. "We don't know whether they were being playful or whether they were being provoked by Mr. Gardiner."
Bailey also argued that the Minards had not been adjudicated in the past for any dangerous conduct involving Shelby and Riley.
Finally, Bailey argued that the dogs have never shown any propensity for being dangerous based on testimony from the Minards, their family and friends. Bailed added that Cheryl Postma, director the AuSable Valley Animal Shelter, has confirmed that Shelby and Riley were playful has never witnessed them being aggressive or vicious over the last nine months they have been kept at the shelter.
"Your honor, based on these four errors in the District Court, to uphold ruling of the District Court would be an absolute travesty," Bailey said. "These two dogs are loving, playful animals that have never shown any sign of dangerous propensity."
Ashley Rasmussen, a Grayling attorney serving as special prosecutor for the case, argued that Foguth is authorized to act as the animal control officer under the state's Dog Law of 1919 and Crawford County's Animal Control Ordinance. Rasmussen said arguments based on the Dangerous Animal's Act should not apply to the case.
Further, Rasmussen said that Burmeister was correct in noting that a molestation of a person could be used to consider a dog dangerous and a bite or attack was not required.
"An attack does require an injury," she said. "The judge was on point when he wrote that molesting a person can mean they are confronted or scared."
In rebuttal, Bailey questioned why the dogs were not seized until Nov. 26, well after the July 18 incident with Gardiner and the Minards had paid their $275 in civil infraction fines.
"If these animals were so dangerous, we would pose to the court - why was no action taken?" Bailey questioned.
About 35 people attended the court hearing on Friday. Some wore T-shirts that said, "Save the Dogs." John Haynes, a Grayling resident who can regularly be seen walking or traveling with his black lab, Blackie, wore a bright orange American Society for the Prevention of Cruelty to Animals shirt that said: "We are their Voice."
A meeting with Bailey and Rasmussen was held in Murphy's chambers for over 45 minutes, where phonographs and a video of Shelby and Riley were viewed.
After resuming the hearing, Murphy said one of the attorneys would not agree to a stipulation to resolve the case. He said he would issue a written opinion in 30 days.
A wave of vocal displeasure swept through the courtroom to, which Murphy replied: "Excuse me. Excuse me. This is not a town hall meeting. This is a courtroom. Thank you very much."
http://www.crawfordcountyavalanche.com/articles/2009/09/18/news/doc4ab0ff704f181406599776.txt
by Dan Sanderson-Staff Writer
Wednesday, September 16, 2009 11:20 AM EDT
A Grayling couple and their supporters will have to wait a month to learn the fate of two pit bulls they hope to bring back home to be part of the family.
46th Circuit Trial Court Judge Dennis F. Murphy, after hearing oral arguments Friday, Sept. 11, said he will issue a written opinion in 30 days for a case Dawn and Ken Minard have filed against Crawford County seeking to save their dogs, Shelby and Riley, saved from euthanasia.
The court case stems from an incident that took place on July 18, 2008. James Vernon Gardiner, who lives near the Sherwood Forest Subdivision, was riding his mountain bike south from Pollack Bridge Road. Gardiner left the roadway at the intersection of Tomahawk Trail and Little John Avenue and turned to travel on a dirt trail, which runs parallel to the railroad tracks. Gardiner said the two dogs aggressively approached him barking. He sprayed a water bottle at the dogs, put his bike in front of him as a shield and eventually fended them off with a stick before their owner called them home.
The Minards live in Grayling Township's Sherwood Forest Subdivision at 635 Little John Avenue.
On Nov. 26, the Minards were summoned into Crawford County District Court. After hearing testimony from witnesses, Crawford County Animal Control Officer Gail Foguth and arguments from former Crawford County Assistant Prosecutor Dave Sabin, Crawford County District Court Judge Monte Burmeister determined the dogs were dangerous animals. He ordered Foguth to seize the dogs and put them in the AuSable Valley Animal Shelter. The initial date to euthanize the animals was set for Dec. 18.
Burmeister was forced to issue a stay on the order to euthanize the pair of Staffordshire Terriers on Jam 7, 2009, after the Minards hired Grayling attorney Miranda Bailey to appeal the case in Crawford County Circuit Court. The dogs were scheduled to be euthanized on Jan. 8.
*
In seeking to have the decision to euthanize Shelby and Riley overturned, Bailey presented four arguments to the court on Friday.
First, Bailey said that the dogs should not have been ordered to be euthanized under Michigan's Dangerous Animals Act because they did not bite or attack Gardiner. Further, Bailey said that Gardiner's "reasonable apprehension" that the dogs would have attacked him also did constitute an attack and that Gardiner's spraying water and swinging the stick may have intentionally or unintentionally provoked the dogs.
"They were puppies," Bailey said. "We don't know whether they were being playful or whether they were being provoked by Mr. Gardiner."
Bailey also argued that the Minards had not been adjudicated in the past for any dangerous conduct involving Shelby and Riley.
Finally, Bailey argued that the dogs have never shown any propensity for being dangerous based on testimony from the Minards, their family and friends. Bailed added that Cheryl Postma, director the AuSable Valley Animal Shelter, has confirmed that Shelby and Riley were playful has never witnessed them being aggressive or vicious over the last nine months they have been kept at the shelter.
"Your honor, based on these four errors in the District Court, to uphold ruling of the District Court would be an absolute travesty," Bailey said. "These two dogs are loving, playful animals that have never shown any sign of dangerous propensity."
Ashley Rasmussen, a Grayling attorney serving as special prosecutor for the case, argued that Foguth is authorized to act as the animal control officer under the state's Dog Law of 1919 and Crawford County's Animal Control Ordinance. Rasmussen said arguments based on the Dangerous Animal's Act should not apply to the case.
Further, Rasmussen said that Burmeister was correct in noting that a molestation of a person could be used to consider a dog dangerous and a bite or attack was not required.
"An attack does require an injury," she said. "The judge was on point when he wrote that molesting a person can mean they are confronted or scared."
In rebuttal, Bailey questioned why the dogs were not seized until Nov. 26, well after the July 18 incident with Gardiner and the Minards had paid their $275 in civil infraction fines.
"If these animals were so dangerous, we would pose to the court - why was no action taken?" Bailey questioned.
About 35 people attended the court hearing on Friday. Some wore T-shirts that said, "Save the Dogs." John Haynes, a Grayling resident who can regularly be seen walking or traveling with his black lab, Blackie, wore a bright orange American Society for the Prevention of Cruelty to Animals shirt that said: "We are their Voice."
A meeting with Bailey and Rasmussen was held in Murphy's chambers for over 45 minutes, where phonographs and a video of Shelby and Riley were viewed.
After resuming the hearing, Murphy said one of the attorneys would not agree to a stipulation to resolve the case. He said he would issue a written opinion in 30 days.
A wave of vocal displeasure swept through the courtroom to, which Murphy replied: "Excuse me. Excuse me. This is not a town hall meeting. This is a courtroom. Thank you very much."
http://www.crawfordcountyavalanche.com/articles/2009/09/18/news/doc4ab0ff704f181406599776.txt