Petition updateSave Beau's life and return him to his owner with no feesBeau is not safe yet, but your voices are being heard
Karol WilcoxHayti, MO, United States
Nov 2, 2014
I thought everyone would like a timeline of events...we still need shares and signatures! BEAU’S STORY: BEAU is a two and a half year-old mixed breed golden retriever/white german shepherd/yellow lab (or something pretty close). He lived with his owner Danny Higgins in a trailer park in Dyersburg, Tennessee. Because there was no fence, in order for Beau to be out in the fresh air and not cooped up in a hot trailer, his owner would sometimes chain him. Chaining a dog is legal in Dyersburg and it is against the law to let a dog “run at large.” In September 2014 Beau’s owner went out of town for a few days and arranged for a friend to feed and water him and take him in and out. Beau had no history of aggression and the children in the trailer park were accustomed to playing with him. On September 19, 2014 while his owner was away and Beau was out on his chain, two young children, the younger only eight years old, came to see him. No one knows how Beau got loose, but apparently he got off his chain. The two children later said something to the effect that Beau killed one of their ducks and/or chased or “attempted to bite” the eight-year-old child. There were no witnesses. The children were not interviewed. The children’s father used to work at the Dyer County Humane Society shelter and is a friend of Paige Turnage, the animal control officer (ACO) in Dyersburg. He called the police and/or animal control and a police officer, Heather Winchester, and the ACO arrived and found Beau running at large. There is another City ordinance that prohibits keeping ducks within City limits. The ACO did not see a duck or any evidence of a duck. No one was bitten. The ACO did not conduct an investigation. When the ACO attempted to catch and control Beau, Beau allegedly growled and the ran away to avoid bring caught. The ACO was not able to catch Beau. A neighbor finally caught up with Beau, grabbed his collar and placed him in the ACO’s vehicle. The ACO made an on-site determination that Beau was “vicious” within the meaning of another ordinance in the City code. Pursuant to that ordinance, the ACO impounded Beau as a “vicious” dog and wrote a citation to the owner for violation of the ordinance governing the keeping of a vicious dog. The neighbor who had been looking after Beau called the owner, who was told what had happened. Beau was taken to the Dyer County Humane Society shelter which has a contract with the City to house and care for impounded animals. The owner of the ducks was not cited for a violation of the City code. The ordinance on impoundment provides that an impounded animal must be held in a “comfortable” and “sanitary” environment and be provided with adequate food and water. The same ordinance specifically states that the ACO impounding the animal is the one who determines where the animal is kept during its impoundment. While an animal is impounded, the owner retains ownership, but the animal is in the physical custody, care and control of the City and the City is responsible for the animal’s proper care and well-being. The City would be liable should an animal impounded as vicious cause any damage to property or hurt anyone. The owner of the animal is responsible for paying the costs of the boarding. Many dogs display what is called “fear aggression” when a stranger tries to catch and control them. Fear aggression is not a reliable indicator of an otherwise aggressive temperament. Most dogs are also resistant, fractious, or display other traits of fear aggression when they first arrive at a shelter. It is a noisy, strange environment and the dogs are stressed and scared. This behavior usually diminishes within a few days at a shelter, but many dogs remain visibly stressed. The ordinance on vicious dogs requires a follow-up hearing before the City Court Judge (municipal court judge) in City Court. The City Court Judge who heard Beau’s case on September 26, 2014 is The Hon. Dean Dedmon. Although there is an Assistant District of Attorney for Dyer County assigned to Dyersburg City Court, the City was represented by James S. Wilder, III, a private lawyer hired by the City to act as a City Attorney. City Attorneys represent the City in civil matters. Beau’s owner represented himself at the hearing and attempted to explain to the Judge that Beau was not vicious and had never been aggressive toward anyone. His owner was unfamiliar with the legal process and did not bring any witnesses to testify about Beau’s past behavior, his friendliness, or his playfulness. There were no witnesses as to what happened other than the two young children and they were not present in court. The Judge questioned the animal control officer, who said that Beau was aggressive when they tried to capture him. The owner attempted to get the ACO to admit that once Beau had settled in at the shelter, he was friendly and no longer aggressive in any way. The ACO admitted that Beau had adjusted to being at the shelter and that the staff now plays with him. However the Judge, City Attorney and ACO focused on the behavior that was witnessed by the ACO at the scene and the Judge made a finding that Beau was “ vicious” within the meaning of the applicable City ordinance. The Judge then informed Beau’s owner of the requirements in the City code for keeping a vicious dog. The requirements are onerous and prohibitively expensive. Beau’s owner attempted to explain that he could not possibly afford to meet these requirements. Since the owner expressed that he could not comply, the Judge ordered that in accordance with the ordinance, Beau be held at the Humane Society shelter and euthanized on October 21, 2014. Beau’s owner never refused to comply with the law. He simply expressed that he could not afford it. Beau’s owner sought help and found a lawyer in Dyersburg, Bill Edwards, who would represent him for free. Bill was joined by another lawyer in Nashville, Brian Boyd, who is also working for free. A petition to save Beau was launched on the website change. org. A donor site was also established to cover beau’s boarding costs and any other necessary expenses as well as court and litigation costs and fees (not legal fees), and this Facebook page was born. Advocates for Beau united and raised their voices on his behalf. Their voices grew louder and louder and Beau's supporters number almost half a million people as of November 1. If only Beau could know this. But his owner knows. Beau’s lawyers immediately appealed the order of the City Court Judge. That appeal is set to be heard on November 20, 2014 in Dyer County Circuit Court. They also obtained a stay on the order for euthanasia until after the hearing on November 20. Attempts were made to move Beau to a no-kill shelter or to place him with a rescue organization, or even to move him out of state. However even though the Mayor tried to help arrange one of these alternatives, the Judge stated that he would not permit any of these arrangements and Beau must remain at the Humane Society Shelter. Beau’s owner faithfully visits him everyday. Beau is healthy and active and is able to play with his owner off leash during these visits. The City then filed a motion to dismiss Beau’s appeal for procedural irregularities involving the appeal bond which, although paid to the Clerk of Court, was apparently filed with the City Court instead of the Circuit Court as required by the applicable rules of civil procedure. It is believed that it was the Clerk of Court who directed Beau’s attorneys to file the bond with the City Court. The motion to dismiss the appeal was set for hearing in Circuit Court on Halloween, October 31, 201
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