Kentucky Animal Care & Control Association 2014 Annual Training Conference Mock Trial.

Kentucky Animal Care & Kentucky Animal Care & Control Association Control Association 2014 Annual Training 2014 Annual Training

ConferenceConference

Mock Trial

Call ReceivedCall Received

At approximately 4:00 pm on the At approximately 4:00 pm on the afternoon of February 25, 2013 afternoon of February 25, 2013 Officer Smith with Estill County Officer Smith with Estill County Animal Control is dispatched to 210 Animal Control is dispatched to 210 Sinking Creek Road for a report of Sinking Creek Road for a report of possible animal cruelty. possible animal cruelty.

Call ReceivedCall Received

Dispatch further advises that the Dispatch further advises that the complainant stated that the property complainant stated that the property is a farm and they have reason to is a farm and they have reason to believe there are several starving believe there are several starving animals on the property. The animals on the property. The complainant has requested to complainant has requested to remain anonymous. remain anonymous.

ResponseResponse

Officer Smith responds to the property Officer Smith responds to the property and finds upon his arrival a gated and finds upon his arrival a gated driveway. The gate is closed so that driveway. The gate is closed so that vehicles can not enter, however the gate vehicles can not enter, however the gate is not locked. Officer Smith opens the is not locked. Officer Smith opens the gate so that he can approach the gate so that he can approach the residence and attempt to make contact residence and attempt to make contact with the property owner. with the property owner.

ResponseResponse

While traveling up the driveway to the While traveling up the driveway to the residence Officer Smith observes several residence Officer Smith observes several horses in fenced areas that appear to be horses in fenced areas that appear to be malnourished. Officer Smith continues to malnourished. Officer Smith continues to the residence and begins to knock on the the residence and begins to knock on the door. door.

InvestigationInvestigation

The property owner, May Watts answers The property owner, May Watts answers the door. Officer Smith identifies herself the door. Officer Smith identifies herself as an Animal Control Officer and explains as an Animal Control Officer and explains that his department received a complaint that his department received a complaint regarding the condition of animals being regarding the condition of animals being kept at the property. kept at the property.


Ms. Watts explains to Officer Smith that Ms. Watts explains to Officer Smith that all of her animals are well cared for. all of her animals are well cared for. Officer Smith can hear the barking of Officer Smith can hear the barking of several dogs inside the house. Officer several dogs inside the house. Officer Smith asks Ms. Watts if there other Smith asks Ms. Watts if there other animals on the property besides the ones animals on the property besides the ones in the pasture and Ms. Watts responds in the pasture and Ms. Watts responds that there are other animals in her barn. that there are other animals in her barn.


Officer Smith then asks if he can see the Officer Smith then asks if he can see the other animals that she has and other animals that she has and photograph them. Ms. Watts responds photograph them. Ms. Watts responds that she will escort him. Officer Smith that she will escort him. Officer Smith and Ms. Watts start by looking at the and Ms. Watts start by looking at the horses that are in plain view and Ms. horses that are in plain view and Ms. Watts becomes argumentative when Watts becomes argumentative when Officer Smith explains that the horses do Officer Smith explains that the horses do not appear to be in the best condition.not appear to be in the best condition.


After looking at the horses that were kept After looking at the horses that were kept outside, Officer Smith asked if he could outside, Officer Smith asked if he could view the animals that were kept in the view the animals that were kept in the barn. Ms. Watts refuses to allow Officer barn. Ms. Watts refuses to allow Officer Smith inside the barn and states that she Smith inside the barn and states that she would like Officer Smith to leave her would like Officer Smith to leave her property.property.


Officer Smith complies with Ms. Watts Officer Smith complies with Ms. Watts request and leaves the property. Officer request and leaves the property. Officer Smith then goes to the County Attorney’s Smith then goes to the County Attorney’s Office with the pictures that she took at Office with the pictures that she took at the property and requested legal advice the property and requested legal advice on how the County Attorney would like on how the County Attorney would like him to proceed. him to proceed.


The County Attorney advises him to file The County Attorney advises him to file an affidavit for a search warrant so that an affidavit for a search warrant so that the condition of the other animals can be the condition of the other animals can be checked. Officer Smith files the affidavit checked. Officer Smith files the affidavit and gets a search warrant issued by a and gets a search warrant issued by a District Judge to search the property for District Judge to search the property for evidence of animal cruelty.evidence of animal cruelty.

Search and SeizureSearch and Seizure

Officer Smith responds to the property Officer Smith responds to the property with two deputies from the Sheriff’s with two deputies from the Sheriff’s Officer and her supervisor and four Officer and her supervisor and four additional Animal Control Officers. They additional Animal Control Officers. They knock on the door and make contact knock on the door and make contact with Ms. Watts and present her with a with Ms. Watts and present her with a copy of the signed search warrant for the copy of the signed search warrant for the property.property.


Upon searching the property the officers Upon searching the property the officers find the following.find the following.

Do you think you’re in Do you think you’re in over your head?over your head?

If you are dealing with a large scale If you are dealing with a large scale animal cruelty case you have resources animal cruelty case you have resources available to help you with your evidence available to help you with your evidence collection.collection.

Help!!!Help!!!

ASPCAASPCA

http://www.aspca.org/fight-crueltyhttp://www.aspca.org/fight-cruelty

HSUSHSUS

http://www.humanesociety.org/http://www.humanesociety.org/


After seeing the conditions of the animals After seeing the conditions of the animals Officer Smith’s supervisor recognizes Officer Smith’s supervisor recognizes that the officers will need to remove that the officers will need to remove several animals and carcasses from the several animals and carcasses from the property and begins to contact private property and begins to contact private livestock hauling companies.livestock hauling companies.


Officer then remove all the live horses Officer then remove all the live horses and transport them to an undisclosed and transport them to an undisclosed location where they are examined by a location where they are examined by a licensed veterinarian. All of the horse licensed veterinarian. All of the horse carcasses are removed next and they are carcasses are removed next and they are sent to the University of Kentucky for sent to the University of Kentucky for necropsies.necropsies.

Criminal ChargesCriminal Charges

After removing all of the animals Officer After removing all of the animals Officer Smith takes his photographs to the Smith takes his photographs to the county attorney and she advised him to county attorney and she advised him to file a criminal complaint with District file a criminal complaint with District Court for animal cruelty in the second Court for animal cruelty in the second degree. The County Attorney also degree. The County Attorney also advises to continue with the necropsies advises to continue with the necropsies and include their findings in the case and include their findings in the case report.report.

Let’s Go To Trial!!Let’s Go To Trial!!

Kentucky Animal Care & Control Association 2014 Annual Training Conference Mock Trial.

Documents

Transcript of Kentucky Animal Care & Control Association 2014 Annual Training Conference Mock Trial.