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Comins Charges Dismissed By Judge

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Judge Dismisses Charges Against Comins

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Jury Not Given Chance To Decide Case

Judge Bob LeBlanc granted Comins Motion To Dismiss the animal cruelty felony charges against him this morning.  Thus the case never got the chance to be decided by a jury. Coverage by the Orlando Sentinel can be read here.

In every criminal case, the judge has the right to decide after hearing the prosecution's case that they have failed to prove the necessary elements required.  It is rarely granted, but in this case, the court felt that there was not enough evidence to show malicious intent on the part of Comins.  "This was not someone who was torturing an animal," LeBlanc said in granting the defense team's motion for judgment of acquittal. The defense argued that state law allows the killing of a dog to be used as a "good defense" if the dog is in the process of killing livestock.

I am not a criminal lawyer. I do understand that the judge has the right to be the gatekeeper to make sure frivolous prosecutions do not go forward.  And I do agree that it is arguable that when Comins started out, he may have thought he was protecting livestock.  But does that defense ever end? After five shots? Nine shots?  Watch the video.  Does there come a point at which the dogs are wounded and no longer a threat, yet shots continued to be fired with people in close proximity and the cattle safe?   If he had killed a person with an errant shot at that point, would the defense still protect him?

And so one begins to see the reason why Marion County decided not to prosecute the shooter of the two Great Danes.

At least the dogs lived and Comins paid Butler to settle the civil case.

Last Updated on Thursday, 13 January 2011 15:11
 

Comins Trial - Day 2

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Comins Trial - Day 2

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Owner and Investigating Officer Testify

On day two of the trial, the owner of the dogs, Christopher Butler testified. Coverage from WFTV can be read here. Butler testified that he was coming across the road to the field when the shooting started.  Butler told jurors he continued to shout, asking the defendant to stop as one of his dogs ran toward him. "I said, 'Please stop, just please stop shooting," he said. When the shooting stopped, both dogs were injured. Hoochie lost an eye.

The inital investigating officer testified as to his findings when he arrived.  Recall that the investigation by the police did not result in an arrest.  It was only after the state attorney reviewed the tape of the shooting that interest in prosecution began.  The cross examination of the investigating officer made clear that the defense intends to use the initial decision not to charge by the investigating officers as a defense for Comins.  His attorneys insist he never should have been charged for protecting livestock and pointed out one of the first deputies on the scene seemed to agree. "In part of this incident report, you came to the conclusion that a cattle owner has the right to protect their property from dangerous or potentially dangerous dogs that are threatening the livestock. And, you put down dangerous dogs, is that correct?" Comins' attorney asked the deputy in court. "That's correct," the deputy answered.

This of course creates a problem for the prosecution.  The defense will undoubtedly argue that the public outcry about the shooting by the public is the only reason Comins was charged. Of course, the prosecution can rebut this with the fact that when the officers initially investigated, they did not have the benefit of the videotape, which clearly shows Comins shooting while not in danger.  And none of the cattle showed any signs of injury.

So, on to day three, where the prosecution intends to call one more witness and the defense will then start their case.

 

 

Comins Trial - Day 1

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Comins Trial - Day 1

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Jury Selection, Opening Statement and First Witness Called

The jury was selected, the attorneys gave their opening statements, and a witness to the shooting was called.  The newspaper coverage by the Orlando Sentinel can be read here.

No surprise that the defense is asking the jury to look past the video showing Comins firing 9 shots. Sommerville and fellow defense attorney Chandler Muller argued that the two huskies had escaped their owner, found cattle in the pasture and, as Sommerville put it Monday, were "in the process of killing these cattle."

Prosecutor DeYoung argued that the dogs had collars on and that Comins continued to fire even as onlookers shouted for him to stop and even as the dogs' owner came running, also calling for him to stop firing. And of course, none of the cattle were injured in any way.

The first witness, Raigan Alianell appeared to be problematic for the defense. Asked by Muller if she saw either dog charge at Comins, Alianell said, "I saw him turn when he got shot in the shoulder, and then he got it in the face immediately after." She described witnesses on the scene "screaming, 'Stop! Stop! Stop him!'" When asked by DeYoung if she thought the dogs should have been shot, Alianell said, "Absolutely not."

Score one witness for the prosecution.

 

Bear Bear Shooter Convicted

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Bear Bear Shooter Convicted

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Of Animal Cruelty and Illegal Gun Discharge

Keith Sheppard, who shot Bear Bear at an off leash dog park was convicted of inflicting unnecessary pain and suffering on an animal and discharging a firearm within 100 yards of an occupied structure.  More details on the trial can be read here.  Television coverage is here. The ruling was made by a judge, not a jury.  Sheppard will not see any jail time.  The court ordered Shepherd to pay $500 in fines and complete 80 hours of community service in the next six months. He also placed Shepherd on one year unsupervised probation. The court ruled that Sheppard overreacted when he shot and killed an off-leash Siberian husky he thought was trying to maul his pet inside the dog park.

The crux of the case at trial was the argument that Shepherd should have done more to separate the two dogs before he resorted to deadly force. The prosecutor argued Sheppard could have kicked Bear-Bear, fired a warning shot or even dropped the leash and run away.

The judge agreed. While having no doubt that Shepherd honestly believed Bear-Bear was trying to kill his dog, Pryal said that was not a "reasonable belief" since no one besides the husky suffered any injuries.

The real key to the case, however, was this reported fact: "Sheppard and his wife walked their newly adopted German Shepherd, Asia, to the dog park about 6 p.m."  Sheppard and his wife were inexperienced dog owners, who entered the dog park with their dog leashed (Not a good idea). Neither the leashed dog nor its owners were experienced enough to distinguish dog play from a dog fight.  Sheppard overreacted and shot the dog, and in my opinion, then made up a story about how the Husky had threatened him to justify what happened. The 911 call makes it clear he was not afraid for his life and he was attempting only to protect his dog which was in no way injured. It makes me question how he would react in a truly dangerous situation as an officer carrying a gun.

The sentence is obviously disappointing, but the owners can at least be consoled by the fact that they got a prosecution.  Not so for the man who shot two great danes in Ocala under even more egregious circumstances.

Animal cruely law penalties must change, and this case illustrates that.

 

Firu Survives

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Firu Survives Being Dragged Behind Truck

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Photo courtesy of Firu Facebook Site

Firu, an American Bull Dog survived being dragged behind his owners truck on September 17, 2010. He is also, unfortunately, heartworm positive. The facebook page concerning the tragedy is here. The picture section of the page is gruesome so be prepared. The Petition "Justice for Firu" is located here.  The Petition requests that the Charlottee Mecklenburg District Attorney demand the stiffest sentence possible. The facts are reported by the newspaper are located here.  The original story was  thatt he owner claimed to have been drinking. He had tied the dog to the bumper of his truck and then forgot about him....then proceeded to drive home.  However, it appears that the driver of the car continued to drive home after he realized the dog was behind his truck.  From the animal control report: 

THEY ADVISED THEY NEVER NOTICED THE DOG UNTIL A CAR BEHIND THEM STARTED FLASHING THEIR LIGHTS AND THEN THEY REALIZED. THEY ADVISED THEY WERE SCARED SO CONTINUED TO DRIVE ALL THE WAY HOME WHICH IS WHERE THEY BROUGHT THE DOG INSIDE THE HOUSE . THE DOG NEEDS MEDICAL TREATMENT...

Firu was dragged from the house to the store and then back to the house, which amounts to well over .75 of a mile. Firu suffered massive injuries to his entire body. His paws are bloodied, with portions missing. His skin is gone in many areas - there are too many road burns to count.

The Facebook, page, however, suggests that the incident was not an accident.  A new witness has allegedly come forward and stated:

She had to call the police twice to get them to come out. She said that Martinnez and Cerda had their flashers on and were circling the block slowly. She said she followed them around and around the block several times and Firu was screaming the whole time . She said the men would stop and then start again and Firu would try and get up and walk . She said they had to have heard Firu scream, because they were the only 2 cars on the road .She said Firu went limp about 2 blocks before they reached the driveway. She said she even told the officers this was not an accident and she knows they meant to do this . She said they had to have heard his screams.

I'm speechless that such brutality exists in the world, and I urge everyone to call the Charlotte Mecklenburg District Attorney Peter Gilchrist,704-347-7891, 700 E Trade St, Suite 200, Charlotte, NC 28202-3016.  Demand the strictest penalty.

If you are interested in helping Firu recover from his grievous injuries, you can make a donation directly to his vet clinic. The information is as follows:

Animal Hospital of East Burke, Dr. Tom Wallrich, c/o Samantha Hodge, 202 Eldred Street NE, Valdese NC 28690, (828) 874-8387.

I thought I had seen everything, but this is heinous. I will be contributing, you should too.

 

Last Updated on Friday, 29 October 2010 13:54
 


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