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RETURN DATE: JUNE 9, 2020 SUPERIOR COURT

JOAN LAMONT, ANIMAL CONTROL OFFICER, J.D. OF WINDHAM TOWN OF WINDHAM, and the TOWN OF WINDHAM AT PUTNAM

V. :

ONE (1) CHIHUAHUA DOG, EDMOND BOUCHARD, AND ROB DICKINSON : MAY 19, 2020

VERIFIED PETITION PER COS § 22-329a FOR TEIVIPGRARY AND PERMANENT CUSTODY OF ONE (11 CHIHUAHUA DOG)

1. The Plaintiffs/Petitioners are the Town of Windham, CT ("Town") and

Joan Lamont, who since July 26, 2009 has been a municipal Animal Control Officer employed by the Town and who has authority to act as a municipal Animal Control

Officer within the Town and the City of Willimantic, CT ("Lamont").

2. The defendants are Rob Dickinson and Edmond Bouchard, each of Apt.

2F in an apartment building located at 854 Main Street, Willimantic, CT.

3. Upon information and belief, Dickinson is the owner of a small brown

Chihuahua dog approximately two years old whose name is believed to be Buddy and who for some time has resided in Apt. 2F with the defendants and another occupant of that apartment.

4. On May 15, 2020 Lamont applied for a search and seizure warrant for Apt.

2F, which was granted by the court and executed on May 15. A redacted copy of the warrant and application marked Exhibit A is attached.

1 Wool, Brennan, Gray & Greenberc, PC. the courtnev building, suite 200, 2 union plaza, post otftce box i-j^i

NEW LONDON, CONNECTICUT 06320 TEL. IHbOl .142-JJ 16 lURIS NO o2 I I 1 5. Pursuant to the warrant and Conn. Gen. Stat. § 22-329a(a), during the

search on May 15 Lamont took physica! custody of the dog and brought it to the

Windham animal services facility, where it remains.

6. The warrant affidavit alleges that:

a. On April 19, 2020, a complaint was received by the Windham

Police Department that the defendants had been and were being abusive to the

small, brown Chihuahua dog that the residents of Apt. 2F had owned for at least

a year;

b. the complainant had often heard the occupants of Apt. 2F yelling at

the dog;

c. when the complainant had observed the defendant Bouchard walk

down the stairs with the dog on a leash, he pulled the dog off its front legs or

even dangled it by the leash with all its feet off the ground; and

d. on one occasion when the complainant saw the defendant

Dickinson yelling at the dog it ran into another room with its tail tucked between

its legs.

7. The affidavit also alleges that another witness reported seeing the dog

subjected to abuse of the type described by the complainant and that this witness:

a. on numerous occasions during the evening of April 18, 2020 heard

the occupants of Apt. 2F yelling and banging and repeatedly heard the

' Wool, Brennan. Gray & Creenberg, P.C. 3"he courtnev building, suite 200.2 union plaza, post office box isoi

NEW LONDON, CONNECTICUT 0hi20 TEL.(KoOl 442-44 le lURIS NO 021 14 dog barking until after three or four barks the dog would yelp, and heard

one of the males in the apartment saying "Get over here," "Sit down," "Sit

here": and

b. on another occasion had seen Bouchard yanking the dog around

by the leash, lifting it off its front legs and sometimes dangling it In the air.

8. Videotapes made between March 31, 2020 and May 8, 2020 by interior security cameras in the apartment building ("Videos") show the dog being subjected to the types of abusive behavior described above. Some of the Videos show Bouchard:

a. with the dog on a leash, yanking, throwing, and jerking the leash so

hard that the dog is airborne and spinning around and one time causing it

to be slammed against a wall;

b. twice slapping the dog in the face, causing the dog in one of the

Videos to cry out, making a "yelping" sound as described in paragraph

7(a) above; and

c. muttering curses at the dog, such as "fuckin' dog."

9. Based on the foregoing and on their observation, training and experience the Plaintiffs/Petitioners have reasonable cause to believe that the dog was being and if returned to the defendants will likely continue to be neglected and/or cruelly treated by the defendants, in violation of CGS § 53-247, and that the circumstances require that the dog not be returned to them and that pursuant to CGS § 22-329a (g)(1)

Wool, Brennan, Gray & Greenberc, P.C. 3he courtney building, suite 200,2 union plaza, post 01 fice box is'ii

NEW LONDON, CONNECTICUT 0oJ20 TEL.|8oOl .l.t2-.14Ib IURISN0 621M its ownership should be temporarily and permanently vested in the Plaintiffs/Petitioners or some other legally qualified and capable person or entity.

WHEREFORE, pursuant to COS §§ 22-329a (d), (f), (g)(1) and (4), and (h), the

Plaintiffs/Petitioners request that the court:

1. Issue an order to the defendants to show cause why the court shall not leave the dog in the temporary care and custody of the Plaintiffs/Petitioners (pending a hearing on the Verified Petition).

2. Upon ordering the dog to the temporary care and custody of the defendants, the court issue an order requiring the defendants to either relinquish ownership of the dog to the Plaintiffs/Petitioners or to post a bond in the amount of five hundred dollars ($500) their reasonable expenses in caring and providing for the dog (CGS § 22-329a (f)).

3. Authorize the Plaintiff/Petitioners or a licensed veterinarian to provide care for the animal:

4. Find that the dog was neglected and/or cruelly treated.

5. Vest permanent ownership and custody of the dog with the Plaintiffs/Petitioners.

6. Make all relevant orders regarding reimbursement of the Plaintiffs/Petitioners' expenses by the defendants prescribed by CGS § 22-329a.

7. Grant such other and additional relief as is just and equitable to effectuate the purposes of this action.

Dated at New London, Connecticut this 19^^ day of May 2020.

Wool, Brennan, Gray & Greenberc, P.C. 4he courtney building, suite 2on, 2 union plaza, post oittcl box istji

NEW LONDON, CONNECTICUT 0oi20 TEL. I8b0) 442-4410 jURIS NO 021 14 THE PETITIONERS jr By_ Midiael P. Carey Suisman, Shapiro, Wool, Brennan, Gray & Greenberg, P.O. 2 Union Plaza, Suite 200, P. O. Box 1591 New London, CT 06320 Phone:(860) 442-4416

Please enter the appearance of Suisman, Shapiro, Wool, Brennan, Gray & Greenberg, P.O., 2 Union Plaza, Suite 200, New London, CT 06320; Phone:(860) 442-4416; Juris No.: 62114 for the plaintiffs:

Michael P. Carey Suisman, Shapiro, Wool, Brennan, Gray & Greenberg, P.C. 2 Union Plaza, Suite 200, P. O. Box 1591 New London, CT 06320 Phone:(860) 442-4416

I Wool, Brennan, Cray & Greenberg, P.C. 5""e courtnev building, suite 200,2 union plaza, postoi riCK box i^-ji

NEW LONDON, CONNECTICUT 06?20 TEL.(8tiOM42-,TJIt> )URISN0 62IM RETURN DATE: JUNE 9, 2020 SUPERIOR COURT

JOAN LAMONT, ANIMAL CONTROL OFFICER, J.D. OFWINDHAM TOWN OF WINDHAM, and the TOWN OFWINDHAM AT PUTNAM

V.

ONE (1) CHIHUAHUA DOG, EDMOND BOUCHARD, AND ROB DICKINSON MAY 19, 2020

STATEMENT OF AlVIOUNT IN DEMAND

The amount, legal interest or property in demand is $15,000 or more, exclusive of interest and costs and the Plaintiffs/Petitioners are also claiming statutory and injunctive-type relief in addition to money damages.

THE PETITIONERS

Michael P. Carey Suisman, Shapiro, Wool, Brennan, Gray & Greenberg, P.C. 2 Union Plaza, Suite 200 P. O. Box 1591 New London, CT 06320 Phone:(860) 442-4416 Juris No. 62114

Wool, Brennan, Gray & Greenberg, P.C. T'he Courtney building, suite 200,2 union plaza, post office bo.x ispi

NEW LONDON. CONNECTICUT 06J20 TEL |«f)Ol 442-.1.116 jURIS NO. o2l I I AFFIDAVIT AND APPUCATION STATE OF CONNECTICUT SEARCH AND SEIZURE WARRANT SUPERIOR COURT .IDCR-fil R(?v. 3-10 mvwJud el gov 0 G.S. 5§ 54-33a, S4-33C, 54-33j Form JD-CR-52 must also be completed Instructions To Applicant Instructions To G.A. Clerk Hie the application for the warrant and all affidavits upon which Upon execution and return of the warrant, affidavits which are the warrant is based with the clerk of the court for the geographical the subject of an order dispensing v/ith the requirement of giving area wrthin which any person who may be arrested in connection a copy to the owner, occupant or person within forty-eight hours with or subsequent to the execution of the search warrant would shall remain in the custody of the clerk's office in a secure he presented, together with the retur^ofthe ivarranf. location apart horn the remainder of the court file.

F-^olice Case number 20-6573 TO; A Judge of the Superior Court or a Judge Trial Referee The undersigned, being duly sworn, complains on oath that the undersigned has probable cause to believe that certain property, to wit; a brown Chihuahua mix male weighing approx. 20lbs, 23 months old, going by the name of Buddy

is possessed, controlled, designed or intended for use or which Is or has been or may be used as the means of committing the criminal offense of: 53.247(a) Cruelty to a_nimajs

was stolen or embezzled from:

J constitutes evidence of the following offense or that a particular person participated in the commission of the offense of:

J is in the possession, custody or control of a journalist or news organization, to wit:

£'] and such person or organization has committed or is committing the following offense which is related to such property:

[J and such property constitutes contraband or an instrumentality of the criminal offense of:

And is within or upon a certain person, place, or thing, to wit: 854 Main St Apartment 2F, Wlllimantic, CT 06226. 854 Main St Apartment 2F, Willimantic, CT Is a brick/wood multi- family residence with a bakery, Pan De Sinai on the first floor left hand side and a restaurant, Garo's Place on the right hand side of the first floor. The number "854" is affixed to the the door, red in color that leads to the second floor where apartment 2F Is. Once to the top of the landing Apartment 2F Is to the left and at the end of the first hallway on the right. Apartment 2F is the last door on the left, brown in color with 2F written In pen on the door. The door frame has blue trim around it. Apartment 2F is in the southeast side of the building. (This is page 1 of a 7 page Affidavit and Application.) Crty/Town Signature and Title of Afnant

AGO tf?

Subscribed and sworn to before me on (t^te) Signed (Judge/Judge Tnal Re Jurat IMI-Ih

EXHIBIT A And the facts establishing the grounds for issuing a Search and Seizure Warrant are the following: 1) Your Affiant, Detective Robert Tatro, is a duly sworn Police Officer for the City of Willimantic, Connecticut and have been for the past eight (8) years. Affiant Tatro is currently assigned to the Detective Division and have been for the past two (2) years. Affiant Tatro has investigated numerous violent crimes, and have processed and collected physical evidence from scenes of violent crimes. Affiant Tatro has received specialized training in the investigation of violent crimes, and how to process the scenes of such crimes. Affiant Tatro has personal knowledge of the facts and circumstances herein related as a result of my own investigative efforts and those of other police officers who reported their findings to me.

2) Your Affiant, Joan Lamont, has been an animal control officer for the Town of Windham since July 6, 2009 and is certified with the State of Connecticut Department of Agriculture. Affiant Lamont has investigated many criminal offenses similar in nature in the past, and pursuant to official duties investigated the incident, which has been set forth below. Affiant Lamont has received specialized training in the investigation of these crimes. 3) OnApriMO, 2020, a complaint was ma^byl beneathlBwere being abusive to their dog. ^Bstatement is as follows: neighbors atApt2F, Ed Bouchard, Debbie Bouchard, and Rob Dickenson, have a small brown dog which they have had for at least a year. I have often heard them yelling at it, and whenever I have observed Ed walk down the stairs with the dog, he was pulling it off its front legs or even dangling it by the leash with no feet on the ground at all. Whenever 1 tried to intervene, any or all three of them would curse me and tell me to mind my own business. Once I went to their door and Rob started yelling at the dog and he ran into another room with his tail tucked between his legs. After seeing them repeatedly treating the dog roughly, I told them if they couldn't take care of him properly they should find him another home, and they said he was an "emotional support dog"." End Statement 4) Rob Dickerson is the owner of the dog but Ed Bouchard is the care taker of the dog because Rob is unable to care for the dog due to physical and cognitive impairments. Ed, Debbie and Rob all live together in apartment 2F. Debbie stated that the dog's name is Buddy and showed Affiant Tatro the papenwork of the dog with all of his information from the veterinarian. Debbie did not give a official statement about this incident. 5) thatS has witnessed similar treatment of the dog. ^Bstatement is as follows: "On 4/18/20 some time in the evening, I heard the downstairs neighbors at Apt 2F yelling and banging. Their dog was barking repeatedly and then at the end of three or four barks he would yelp. One of the males in the apartment would be saying "Get over here," "Sit down," "Sit here." This happened numerous times. I got up and began recording the noise from outside their apartment. After several minutes it quieted down. They have told me that they want the dog sitting next to Rob because he is there to provide Rob emotional support. I have also seen Ed yanking the dog around, off his front legs and sometimes dangling him in the air by the leash." 6) of the building's landlords, is a former police officer in Willimantic who provided video documentation from interior security cameras confirming the repeated pattern of the above complaints. In approximately ten videos from 3/31/20 through 5/8/20, Edmond Bouchard is seen yanking, throwing, jerking the leash so hard that the dog is airborne, causing it to spin around in

{I his is page 2 of a 7 page Affidavit and Application.) Gity/Town Signnture and Title of Affiant Mj. Acio rtj Uaw Lo sl^l^ y^ubnrrjbr.d and sv/om to isefcie me Inate) SigneH Uudge/Jucig^ Tqo/ P. Jurat b 7j::>

JD-CR-GI Rev. 3-10 several of the video clips, and one time causing it to be slammed against the wall at the foot of the stairs, twice slapping the dog in the face, and usually muttering curses such as "fuckin' dog." The dog is heard crying out in on^Mhe videos when Bouchard slaps him in the face. The sound was similar to the yelping described byflB Both Affiants viewed the videos and they corroborated the accusations. Ttie videos were submitted to evidence. Affiant Lamont viewed the town online license list and the dog was not on it. 7) Based on the preceding information, your Affiants believe the Chihuahua is currently being kept in the residence as described above at 854 Main St. Apartment 2F, Willimantic, CT 06226. Therefore, your Affiants are requesting a search and seizure warrant for 854 Main St. Apartment 2F, Willimantic, CT 06226 for a brown Chihuahua mix male weighing approx. 20lbs, 23 months old, going by the name of Buddy

41

1

i

(This is page 3 of a? page Affidavit and Application.) City/Town Dale ^ Signature and Title of Affiant —r> f f S Ils-L-Zo iBubscribed and sworn to before me on (Dattf) Signed (JudgeOurigtiMa! Jurat s// T/fO o ■

.iD-CR-61 Rev. 3-10 The undersigned ("X" one) Fxl presented this application in any other court or to any other judge or ^ / L J ju(;jge trial referee. has presented this application in another court or to another judge or [1 judge trial referee (specify).

Wherefore the undersigned requests that a warrant may issue commanding a proper officer to search said person or to enter Into or upon said place or thing, search the same, and take into custody all such property. r ] And to submit the property described in the foregoing affidavit and application to laboratory analysis and examination:

(This is page 4 of a? page Affidavit and Application.)

City/Toayr i own Signature and Titte of Affiani

Lor\cJ>Oy\ ifyoo I L3 Subscribed and sworn to bofqre me on (pate) Stgnod (Judge/Judge Trial Ref^a) i a Jurat 2M- JD-CR-r7l Rftv. 3-10 AFFIDAVIT REQUESTING DISPENSATION WITH REQUIREMENT OF DELIVERY pursuant to § 54-33c, Connecticut General Statutes TO: A Judge of the Superior Court or a Judge Trial Referee For the reasons set forth below, the undersigned, being duly sworn, requests that the judge / judge trial referee dispense with the requirement of C.G.S. § 54-33c that a copy of the application for the warrant and a copy of any affidavit(s) In support of the warrant be given to the owner, occupant or person named therein with forty-eight hours of the search: f 1 The personal safety of a confidential informant would be jeopardized by the giving of a copy of the affidavits at such '' time; The search is part of a continuing investigation which would be adversely affected by the giving of a copy of the affidavits at such time; r-| The giving of such affidavits at such time would require disclosure of information or material prohibited from being ' disclosed by chapter 959a of the general statutes;

In addition, it is requested that the requirement of advance service of this warrant upon the customer whose financial LI records are being sought, be waived pursuant to C.G.S. § 36a-43 (a); and the specific details with regard to such reasons are as follows;

The undersigned further requests that this affidavit also be included in such nondelivery. (This is page 5 of a 7 page Affidavit and Application.) City/Town ignature and Title of Affianl

Lorcd Or\ s us I'zg l(_? Subscribed and sworn to befoBi me on ujale} Stoned {Jirdgp/Judge Tn.il Refn Jurat 2d

jn^:R-S1 Kev. 3-10 SEARCH AND SEIZURE WARRANT STATE OF CONNECTICUT SEARCH AND SEIZURE WARRANT SUPERIOR COURT The foregoing Affidavit and Application for Search and Sei«i:ure Warrant having been presented to and been considered by the under signed. a Judge of the Superior Court or a Judge Trial Referee, and the foregoing Affidavit having been subscribed and sworn to by the aftiant(s) before me at the time it was presented, the undersigned (a) is satisfied therefrom that grounds exist for said application, and (15) finds that said affidavit established grounds and probableV-ause for the undersigned to issue this Search and Seizure Warrant, such probable cause being the following: F-Tom said affidavit, the undersigned finds that there is protiable cause for the undersigned to believe that the property described in the foregoing affidavit and application is within or upon the person, if any, named or described in the foregoing affidavit and application, or the place or thing. If any. desaihed in the foregoing affidavit and application, under the conditions and"circumstances set forth in the foregoing affidavit and applitiation, and that therefore, a Search and Seizure warrant should issue for said property.

NOW THHREFOREi, by Authority of the State of Connecticut, I hereby command any Police Officer of a regularly organized police department, any State Police Officer, any inspector in the Division of Criminal Justice, or any conservation officer, special conservation officer or patrol officer acting pursuant to C.G.S. § 26-6 to whom these presents shall come within ten days after the date of this warrant to enter into or upon and search the place or thing described in the foregoing affidavit and application, or search the person described in the foregoing affidavit and application or both, to wit: 854 Main St Apartment 2F, Willimantic, CT 06226. 854 Main St Apartment 2F, Willlmantic, CT Is a brick/wood multi- family residence with a bakery, Pan De Sinai on the first floor left hand side and a restaurant, Garo's Place on the right hand side of the first floor. The number "854" Is affixed to the the door, red in color that leads to the second floor where apartment 2F Is. Once to the top of the landing Apartment 2F Is to the left and at the end of the first hallway on the right. Apartment 2F is the last door on the left, brown In color with 2F written in pen on the door. The door frame has blue trim around It. Apartment 2F Is in the southeast side of the building.

for the properly described in the foregoing affidavit and application, to wit: a brown Chihuahua mix male weighing approx. 20lbs, 23 months old, going by the name of Buddy

[_] submit the property described in the foregoing affidavit and application to laboratoiy analysis and examination:

and upon finding said property to seize the same, take and keep it in custody until the further order of the court, and with reasonable promptness make due return of this warrant accompanied by a written inventory of all property seized. The foregoing request that the judge or judge trial referee dispense with the requirement of C.G.S. § 54-33c that a copy of the- {l^arrant application and affidavit(s) in support of the warrant be given to the owner, occupant or person named therein and that the affidavit in support of such request also be included in such nondelivery Is hereby: / [ NOT fo'E:WE^'"2WiFK^^ BEYOND DATE WARRANT IS EXECUTED "' [ ^^^RANTED for a period of [Ji /Lixy.$ 1 This order or any extension thereof, dispensing with said requirement shall not limit disclosure of such application and affidavits to the attorney for a person arrested In connection with or subsequent to the execution of the search warrant unless, upon motion of the prosecuting authority within two weeks of such arraignment the court finds that the state's interest in continuing nondisclosure substantially outweighs the defendant's right to disclosure. L J DENIED. r -1 Service of this Search Warrant upon the customer whose financial records are being sought is hereby waived, pursuant to C.G.S. § 36a-43 (a). (NOTE: AFFIANT'S OATH MUST BE TAKEN PRIOR TO JUDGE I JUDGE TRIAL REFEREE SIGNING BELOW) (This is page 6 of a? page Affidavit and Application.) Date / / At (Time) a.m. Signed at WfA xJ( . Connecticut, on: ( 7.0 ^^6) n P.m. Signed (Judge/Judge Referee) Print name of Juwcial OffiMj- ^ . -Sv—• ^ J0-CR-S1 Rov. 3-10 RETURN FOR AND iNVENTORY PROPERTY SEIZED ON SEARCH AND SEIZURE WARRANT Inventoiy conLtjl numbnr

.liidnMnl Hrttrid of GA At (Addiess of (:ouii} Datfi of seizure Windham 11 120 School Street, Danielson CT

numbor Uniform arrftr.t number Pojico cano nutnber Companion case number CR- 20-6573 I hen and there by virtue of and pursuant to the authority of the foregoing warrant, I searched the person, place or thing named therein, to wit: 854 Main St Apartment 2F, Willlmantic, CT 06226.854 Main St Apartment 2F, Willimantic, CT Is a brick/wood multi- family residence with a bakery, Pan De Sinai on the first floor left hand side and a restaurant, Garo's Place on the right hand side of the first floor. The number "854" Is affixed to the the door, red In color that leads to the second floor where apartment 2F is. Once to the top of the landing Apartment 2F is to the left and at the end of the first hallway on the right. Apartment 2F is the last door on the left, brown in color with 2F written In pen on the door. The door frame has blue trim around it. Apartment 2F is in the southeast side of the building.

and found thereon or therein, seized, and now hold in custody, the following property;

Total Cash Seized: . consisting of

and I gave a copy of such warrant to , the owner or occupant of the dwelling, structure, motor vehicle or place designated therein, or to the person named therein, on (Date) • (This is page 7 of a 7 page Affidavit and Application.) Date Signed (Officer's signature and department)

NOTE: Form JD-CR-61, pages 1 - 7 must be supplemented by Form JD-CR-52.

Jl>-CR-61 Rev. 3-10