&DEPUTY 2019 Special Issue: Animal Cruelty

THE “LINK” AND LAW ENFORCEMENT CRIMES AGAINST ANIMALS ARE CRIMES AGAINST PEOPLE

SHERIFFS.ORG/NLECAA

ALSO INSIDE: The Day America Realized There is a Big Cat Crisis ...... pg10 Evidence in Animal Cruelty Cases: What Prosecutors Want ...... pg14

A Dog in the Closet ...... pg20 Saddled with the Bill: Restitution for Seized Animals’ Costs of Care ...... pg23

THE “LINK” AND LAW ENFORCEMENT: CRIMES AGAINST ANIMALS ARE CRIMES AGAINST PEOPLE 6

Cover image by Virgil Ocampo for Show Your Soft Side

CONTENT

3 Crimes Against Animals Are Crimes 20 A Dog in the Closet 30 Investigating Hypothermia in Against Our Communities By Jill Hollander Dogs: A Guide for Law Enforcement By Sheriff John Layton Provided by the Humane Society of the 21 Healing Together: United States 4 The Changing Landscape of Sheltering Survivors of Domestic Animal Cruelty Violence with Their Pets 32 The Law Enforcement Guide: By John Thompson By Andrew M. Campbell What You Should Know About Bestiality 9 Training Police Officers 23 Saddled with the Bill: Restitution By M. Jenny Edwards to Identify Animal Cruelty Crimes for Seized Animals’ Cost of Care By Kitty Block By Kathleen Wood, Esq. 36 Best Practices in Animal Cruelty Investigations 10 The Day America Realized 26 From the Backyard to the By April Doherty and Martha Smith- There is a Big Cat Crisis Football Field: How Michael Vick Blackmore By Sheriff Matthew Lutz and Jennifer Leon Brought Animal Fighting to the Forefront and Why Law Enforcement 38 Law Enforcement Encounters 12 NIBRS Needs Both Law Should Care with Dogs Enforcement and Animal By Chelsea Rider By Jim Crosby Control Officers By Mary Lou Randour, Ph.D. 28 K-9 Partners in Hot Cars 40 Legal Considerations in Law By Sherry Ramsey, Esq. Enforcement-Dog Encounters 14 Evidence in Animal Cruelty Cases: By Chelsea Rider What Prosecutors Want 29 Investigating Heat-Related By Randall Lockwood, Ph.D. Illness and Death: A Guide for Law 42 Preparing for Pets Enforcement By Adam J. Ricci 16 The ASPCA/NYPD Partnership Provided by the Humane Society of the By Howard Lawrence United States

18 Animal Cruelty Resources for Law Enforcement

SHERIFF & DEPUTY | 2019 SPECIAL ISSUE 1 EXECUTIVE COMMITTEE Sheriff Harold Eavenson Rockwall County, Texas PUBLICATION MANAGEMENT: Sheriff John Layton Immediate Past President The YGS Group Marion County, Indiana 3650 West Market Street Sheriff Greg Champagne President York, PA 17404 St. Charles Parish, Louisiana 717-505-9701 Sheriff Daron Hall Immediate Past President Davidson County, Tennessee theYGSgroup.com 1st Vice President BOARD MEMBERS SERVING [email protected] Sheriff Carolyn “Bunny” Welsh ON EXECUTIVE COMMITTEE Managing Editor Chester County, Pennsylvania Chelsea Rider, NSA Sheriff Michael J. Brown 2nd Vice President Bedford County, Virginia Vice President Sheriff David Mahoney Jack Davidson Sheriff Keith R. Cain Dane County, Wisconsin Daviess County, Kentucky Account Manager 3rd Vice President Brian Hershey Sheriff Mike Hale Sheriff Vernon P. Stanforth Jefferson County, Alabama Proofreader Fayette County, Ohio Andrew Bankert Secretary Sheriff Brad Riley Cabarrus County, North Carolina Creative Director Sheriff Ira Edwards Serena L. Spiezio Clarke County, Georgia Sheriff Ronald G. Spike Treasurer Yates County, New York Art Director Reynaldo Alvarado Sheriff Michael J. Brown Bedford County, Virginia Sergeant-at-Arms

©Copyright 2019 by the National Sheriffs’ Association. Reproduction BOARD OF DIRECTORS of any part of this magazine for commercial purposes without permission is strictly prohibited. Sheriff William Bohnyak Sheriff Ronald G. Spike* Sheriff & Deputy (ISSN 2471-3929) is published bimonthly begin- Orange County, Vermont Yates County, New York ning in January of each year by the National Sheriffs’ Association, 1450 Duke Street, Alexandria, Virginia 22314; (703) 836-7827. Periodicals Sheriff Michael J. Brown* Sheriff James Stuart rate postage paid at Alexandria, Virginia, and additional mailing offices. Bedford County, Virginia Anoka County, Minnesota NSA dues payment includes a $9 subscription to Sheriff & Deputy. Nonmember subscription is $30. Sheriff & Deputy is designed for Sheriff Keith R. Cain* Sheriff Alex Underwood the exchange of professional information between the nation’s sheriffs, deputies, and other criminal justice professionals. Articles are presented Daviess County, Kentucky Chester County, South Carolina with the intent of enhancing the efficiency and effectiveness of the office of sheriff and the criminal justice profession. Points of view or opinions Sheriff Jerry Demings Sheriff Mark Wasylyshyn stated in this document are those of the authors and do not necessarily Orange County, Florida Wood County, Ohio represent the official position or policies of the National Sheriffs’ association. The publication of advertisement does not represent an endorsement of those products or services by the association. Sheriff Tim G. Fuller Sheriff Troy Wellman Submissions: We will consider for publication all photographs and Franklin County, Tennessee Moody County, South Dakota manuscripts, and particularly seek material that has an educational val- ue to law enforcement and correctional officers. If return of material Sheriff Mike Hale* Sheriff Leon N. Wilmot is requested, include a self-addressed stamped envelope. NSA is not Jefferson County, Alabama Yuma County, Arizona responsible for loss or damage of submissions. Material edited at the Association’s discretion. Sheriff Alex Hodge POSTMASTER: Send address changes to National Sheriffs’ Associa- Jones County, Mississippi tion, 1450 Duke Street, Alexandria, Virginia 22314-3490. Copyright EX OFFICIO ISSO by the National Sheriffs’ Association, all rights reserved. Sheriff Christopher C. Kirk Jonathan F. Thompson, ADVERTISING: Contact The YGS Group, Natalie Matter Bellis, [email protected]. Brazos County, Texas Executive Director and CEO Sheriff Paul Laney Sheriff (Ret.) Dwight E. Radcliff, Cass County, North Dakota NSA Corporate Representative Sheriff Huey “Hoss” Mack Baldwin County, Alabama *Board member serving on Sheriff Brad Riley* NSA Executive Committee Cabarrus County, North Carolina All past presidents are members Sheriff Eric Severson of the Board of Directors Waukesha County, Wisconsin Sheriff Justin Smith Larimer County, Colorado Sheriff Steve Sparrow Oldham County, Kentucky

2 SHERIFF & DEPUTY | 2019 SPECIAL ISSUE CRIMES AGAINST ANIMALS ARE CRIMES AGAINST OUR COMMUNITIES Addressing animal cruelty is just one of the ways we ensure that we are fulfilling our duties to keep our communities safe Sheriff John Layton 2018–2019 NSA President

y wife Laurie and I adopted our trip to New Orleans and picked up 17 dogs dog, Nellie, after hurricane Ka- to bring to Indiana in hopes of adoption. Mtrina hit Louisiana. Her previous Nellie was in that group, and were we ever owner had both abused and neglected her in happy! In searching for another rescue to her first year of life. Nellie somehow broke give a home after the loss of our previous free from her chain that was attached to a dog, Lucky, who was a puppy mill survivor, tree in her keeper’s backyard and was hit Laurie saw the photos of Nellie—happy, by a car in front of the house. According healthy, and jumping in the air with only to witnesses, the so-called keeper dragged three legs—and she fell in love. Laurie didn’t her into the backyard, only to chain her up ask me about adopting Nellie, she told me, again with an obvious left-front leg serious- “That’s the girl we’re going to get!” And we ly injured—no treatment whatsoever. Nellie did—immediately! The National Sheriffs’ Association has re- stayed chained at that location for several It was truly love at first sight, and Nellie sources out there to help through its National days, often crying in pain until neighbors is such a happy tripod now. She is pampered Law Enforcement Center on Animal Abuse had enough and called law enforcement. and special to all that meet her, but especial- (NLECAA). The Center was designed to be a When police arrived, they not only found ly to Laurie and me. Nellie is 9-years-old clearinghouse for law enforcement officers to her leg completely mangled, but the chain now, and her arthritis is setting in, as we go to when they’re faced with the oftentimes around her neck had been so tight, all the were told it would, but medication and lots unfamiliar territory of an animal cruelty case. hair was rubbed off and left her bloody. Her of love help offset the pain and hardship. NLECAA has the resources and connections owner was arrested, and Nellie went to an I’ve spent 45 years with the Marion to assist law enforcement agencies across the animal clinic for evaluation. County (Indiana) Sheriff ’s Office. The country, regardless of the issue—whether it’s The local FOX affiliate in New Orleans, sheriff ’s role is to protect and serve the an overt act of animal cruelty, a case of animal WVUE 8, picked up the story and ran community in which he or she resides, and fighting, or an instance of neglect or improper features on Nellie, including the arrest and while many times we get bogged down care of an animal. ultimate conviction of her owner. An anon- handling “human” cases, we cannot overlook This special issue of Sheriff & Deputy is ymous individual arrived at the clinic where the seriousness of crimes against the animals devoted to helping you, as a law enforcement Nellie was being cared for and wrote a blank in our communities. officer, recognize and respond to animal cru- check for any and all medical care asking Research has shown that animal cruelty elty in your communities. Every state has a the veterinarian to just “please save her leg.” doesn’t happen in a vacuum. These crimes law, or set of laws, addressing animal cruelty, Although she endured multiple surgeries are often happening concurrently with and it’s our responsibility as a law enforce- on the leg and shoulder, gangrene had set in other acts of violence, like domestic ment officer to enforce those laws, regardless before the rescue itself and her leg could not violence, child and elder abuse, assault, of the victim’s species. be saved. and even homicide. By addressing animal Hurricane Katrina had ravaged New Or- cruelty in our communities, we are also leans at the time, and the area was inundated addressing other possible safety concerns with homeless animals like Nellie. Even and preventing future acts of violence. But though WVUE had run stories on Nellie’s that shouldn’t be the only reason we take great progress and wonderful prognosis, she these crimes seriously. We need to perceive was not adopted. Indianapolis-based LUV the animals themselves as victims, not just Sheriff John Layton A DOG Rescues and Adoptions made the collateral damage. Marion County, Indiana

SHERIFF & DEPUTY | 2019 SPECIAL ISSUE 3 THE CHANGING LANDSCAPE OF ANIMAL CRUELTY John Thompson Executive Director, National Animal Care & Control Association

Five years ago we devoted a significant iff John Layton created an Animal Cruelty awareness when it comes to encounters portion of an issue of Deputy & Court Officer Committee, a first for NSA. In doing so, with dogs. This is an area that, over the last magazine to animal cruelty, which we called President Layton said, “With the continued few years, has surfaced as a major problem “Animal Cruelty: Hidden Crimes, Voiceless problems facing law enforcement across the for officers, pet owners, and communities. Victims.” We had no idea how this would country in reference to animal cruelty and Sixty-eight percent of American households be received; we knew only that there were animal-related incidents, along with a recent have at least one pet, and over 70 percent of problems that needed to be addressed, infor- publication from the Joint Counterterror- those owners have at least one dog. Re- mation that needed to be shared, and things ism Assessment Team on the Link between sponding to cruelty calls is thus likely not that needed to be said. animal abuse and terrorism, I am appointing to be the only time law enforcement comes The response was more positive than I a committee to look into the needs and into contact with animals, especially dogs. could have hoped for or imagined. For many concerns of our sheriffs across the country in The lack of appropriate training in respond- readers, it was an introduction—and an handling this issue. Law enforcement needs ing to these situations—whether a report of eye-opening one at that—to such topics as a unified voice to address animal cruelty, a “dangerous dog” or simply being prepared the “Link” between animal abuse and other and this committee accomplishes that. No for the possibility of a dog encounter in the violent behavior, including juvenile crime; other law enforcement organization includes course of other duties, such as executing tips for investigating cockfighting and for animal cruelty in its wheelhouse.” search warrants—has resulted in officers securing animal cruelty crimes scenes; and That high-level committee expands NSA’s responding with unnecessary lethal force, dealing with hoarders, among others. That commitment to ensuring that the country’s families suffering heartbreaking losses, and publication turned into a valuable resource law enforcement community has the best communities facing expensive lawsuits. and has been requested again and again for knowledge and resources at its disposal. NSA In the last five years, the partnerships use in training. also houses the National Law Enforcement among law enforcement, prosecutors, animal The landscape has changed enough since Center on Animal Abuse (NLECCA), whose control, the veterinary community, and 2013 to warrant turning an entire issue of mission is to bring greater awareness to, and animal advocates has become stronger and Sheriff & Deputy over to that topic. Many understanding by, our nation’s law enforce- accomplished much in promoting a greater of the changes have definitely been for the ment officers about the oftentimes misunder- understanding of animal cruelty and holding better. There is much greater awareness of stood nature of animal abuse crimes and their animal abusers accountable for their crimes. the connection between violence towards link to violence against humans. But there is more to do. We hope that this IS YOUR VICTIM AN ANIMAL? animals and violence towards people, and NLECCA was established to provide law new publication will help deepen both our that is coupled with a greater sensitivity enforcement officers information on the re- understanding of this problem and our WE CAN HELP! to the changing perception of animals in alities of animal abuse and to promote their commitment to ending it. Animals are Funding for reward offers, costs of caring for society. Two significant decisions reflect proactive involvement in the enforcement seized animals, and forensic work. this shift in thinking both within society of anticruelty laws in their communities. victims, too. and within our profession. First, in 2014 Through partners, NLECCA serves as an Professional training on animal cruelty cases the Federal Bureau of Investigation (FBI) information clearinghouse and forum for Contact the Animal Legal Defense Fund for police, animal control officers, prosecutors, agreed to add animal cruelty as a separate law enforcement on the growing problem of for legal and financial assistance with judges, and veterinarians. category under the National Incident Based animal abuse and its link to other types of John Thompson your animal cruelty case. Reporting System. And, second, as one of crimes, including violence against humans. his first official acts as NSA president for Another critical element of NLECCA’s Legal research, expert witnesses, and legislative assistance. 2018–2019, Marion County (Indiana) Sher- mission is improving officers’ situational WINNING THE CASE AGAINST ANIMAL CRUELTY [email protected] | aldf.org

4 SHERIFF & DEPUTY | 2019 SPECIAL ISSUE IS YOUR VICTIM AN ANIMAL? WE CAN HELP! Animals are Funding for reward offers, costs of caring for victims, too. seized animals, and forensic work. Professional training on animal cruelty cases Contact the Animal Legal Defense Fund for police, animal control officers, prosecutors, for legal and financial assistance with judges, and veterinarians. your animal cruelty case. Legal research, expert witnesses, and legislative assistance. WINNING THE CASE AGAINST ANIMAL CRUELTY [email protected] | aldf.org THE “LINK” AND LAW ENFORCEMENT: CRIMES AGAINST ANIMALS ARE CRIMES AGAINST PEOPLE By Phil Arkow

n February 2017, a family member called many of whom are neither empowered nor become violent adults. This age-old concept police in Point Pleasant, New Jersey, adequately trained in crime scene investiga- has been expanded with increased evi- Ialleging that Gregory Lepsky, 20, had tion procedures. dence that pets and livestock are harmed or stabbed the family’s dog because he believed Extensive evidence, however, confirms threatened in domestic violence situations to it to be unclean according to his devout that acts of animal maltreatment are also demonstrate power and control over human Muslim faith. Investigators allegedly found crimes affecting public safety. The area where victims and keep them from escaping. The a pressure-cooker bomb, ISIS materials, crimes against animals intersect with crimes Link is an issue in Adult Protective Services and incriminating emails indicating a plot against people, especially domestic violence, (APS) as well. Animal abuse is now widely to wreak havoc in New York City. Lepsky child abuse, and elder abuse, is called the seen as a red flag that other crimes may be reportedly told investigators his only regret “Link.” Many law enforcement agencies are occurring, or will occur in the future. was trying to kill the dog because otherwise responding with a newfound enthusiasm to law enforcement would not have thwarted protect all vulnerable members of families— The evidence his bombing plot. including those with four legs. Animal abuse linked with other crimes: In earlier times, police might have ignored The roots of the “Link” run deep, tracing • 35 percent of search warrants for an- the call, claiming it was “just a dog” or turn- back hundreds of years to philosophical imal abuse or dog fighting resulted in ing the case over to animal control officers, beliefs that children who abuse animals may seizures of narcotics and/or weapons.

6 SHERIFF & DEPUTY | 2019 SPECIAL ISSUE • 82 percent of animal abuse offenders showing up in children as young as 6.5 or neglect their own needs in order to care had priors for battery, weapons, or years old. for their animals. narcotics offenses; 23 percent had • Childhood witnessing of animal cruel- • More than 1/3 of APS casework- subsequent arrests for felonies. ty results in significantly greater risk ers reported their clients’ pets were • 88 percent of animal cruelty offenders of adolescent or adult interpersonal threatened, injured, killed, or denied were male; 56 percent were between violence. care. Seventy-five percent said clients’ ages 18–34, frequently gang mem- • Youths who bully others—or who concerns for pets affected their deci- bers who also dealt in narcotics and have been bullied—are at increased sions to accept interventions. weapons. risk for committing animal abuse. • 92 percent of caseworkers encountered • 70 percent of animal abusers also had • Animal abuse was found in 88 percent animal neglect co-existing with clients’ records for crimes of violence, drugs, of homes where there was also physi- inability to care for themselves. or social disorder. cal child abuse. • Animal hoarders are often elderly, • Animal abuse is a better predictor isolated women, subjecting themselves of sexual assault than are previous Domestic violence and their animals to toxic and unsafe convictions for homicide, arson, or linked with animal abuse environments. weapons offenses. Animal cruel- Ninety-nine percent of pet owners consid- ty offenders average four different er pets “companions” or “members of the Responses crimes. 100 percent of sexual homicide family.” In most homes, the woman is the Findings such as these have prompted state offenders reported having been cruel pets’ caregiver. Abusers exploit these deep and federal lawmakers, local programs, to animals. emotional attachments through coercive prosecutors, and law enforcement agencies • Ownership of vicious dogs has been control by threatening or harming the pets to increase the priority for investigating linked to increased convictions for as warnings of what will follow next. animal cruelty as a way to prevent domestic violence, narcotics offenses, • Pet abuse is one of the four greatest escalating crimes against people. Major child abuse, and substance abuse. risk factors for someone becoming a responses include: • 21 to 46 percent of serial killers, and domestic violence abuser. • Felony laws: All 50 states classify almost 90 percent of sadistic serial • 71 percent of abused women reported some forms of animal abuse as felonies killers, abused animals in their youth. their pets had been harmed, killed, or (compared with only 5 states in 1992). • 43 percent of school shooters have threatened to control and intimidate Dogfighting is now a federal felony. histories of abusing, killing, or tortur- them. • Racketeering: 10 states can charge ing animals. • 25 to 40 percent of abused women animal fighting under RICO racke- • As many as 31 percent of teenagers delayed seeking safety out of fear for teering statutes, due to the organized report they have attended a dogfight. what would happen to their animals. crime, human trafficking, narcotics, • The Joint Counterterrorism Assess- • Domestic violence homicides de- weapons, and gambling prevalent at ment Team (JCAT), comprised of creased 80 percent after a crisis line staged animal combats. the FBI, Department of Homeland identified threats to animals, access • Bestiality: 45 states outlaw animal Security, and National Counterterror- to weapons, and suicide threats as key sexual abuse, which is frequently ism Center, determined in July 2018 risk factors. linked with child pornography. In that premeditated animal cruelty is a • 41 percent of intimate partner vio- 24 states, offenders are placed on possible warning sign for terrorism. lence offenders had histories of animal the “Megan’s Law” registry of sex cruelty. offenders. Child abuse linked • Batterers who also abuse animals are • FBI involvement: To gather data on with animal abuse more dangerous and use more forms the incidence of animal abuse, the Anthropologist Margaret Mead wrote that of controlling and violent behaviors. FBI has added four crimes against the worst thing that can happen to a child • 76 percent of victims whose partners animals to the National Incident is to kill or torture an animal—and get away abused pets had been strangled; 26 Based Reporting System (NIBRS): with it. percent were forced to have sex with simple neglect or gross neglect (animal • Studies report that between 3 and the suspect. 80 percent feared they hoarding); physical abuse; organized 44 percent of children abuse animals would be killed by the suspect. abuse (animal fighting); and animal during their childhood. sexual abuse. • Children who abuse animals are 2 to 3 Elder abuse linked • Enhanced prosecution: Dozens of times more likely to have been abused with animal abuse prosecutors and law enforcement themselves. Memory loss, economic constraints, limited agencies have specialized animal • Animal cruelty is one of the earli- transportation, and physical frailties may crimes units to handle the increased est symptoms of conduct disorder, cause older owners to neglect their pets’ care volume of what are highly complex

SHERIFF & DEPUTY | 2019 SPECIAL ISSUE 7 cases. 145 law schools offer animal abuse animals. A pattern of general against animals are being taken seriously law curricula. Over 200 veterinar- deviance—in which animal cruelty and recognized not only for the harm they ians have been trained in the new is part of a broader constellation cause to animals, but also for their adverse field of veterinary forensics, applying of antisocial activities—is a more and often deadly impact upon people. The CSI techniques to build better cases common factor than an escalation JCAT anti-terrorism warning encourages against animal cruelty offenders. hypothesis, in which killing animals first responders, animal control, animal • Protecting pets of domestic vio- is an introductory steppingstone for shelters, social services, veterinarians, peers, lence victims: Courts in 32 states can people seeking increasingly more neighbors, and family members to report include pets in protection-from-abuse intense thrills. suspected animal cruelty to authorities orders. Over 110 domestic violence • Greater community awareness: Local for further vetting. “Their participation shelters allow pets to accompany the multidisciplinary Link coalitions are becomes a force multiplier and may assist rest of the family, and hundreds more emerging across the country. The communities and law enforcement with have foster care arrangements with National Link Coalition has published identifying, assessing and managing threats local animal groups. In nine states the first national directory identifying of planned violence while promoting public an act of animal abuse intended to who investigates animal, domes- safety,” they announced. intimidate a partner may be charged tic, child, and elder abuse for each Law enforcement is recognizing that as domestic violence as well as animal county in the U.S. Police, prosecu- animal cruelty is not only a crime in its own cruelty. Three states allow courts tors, domestic violence, humane, and right, but also a highly potential red flag. If resolving divorce settlements to award animal control agencies in Milwaukee we fail to heed this important warning sign, custody of pets in the animals’ best are collaborating in the spotabuse.org more senseless tragedies will occur. interests. campaign to reduce domestic violence • Improved understanding of animal by having the public report animal Phil Arkow is coordinator of the National Link abusers: The FBI’s Behavioral Anal- abuse to 911. Coalition – the National Resource Center on the ysis Unit recently compiled the most Responses such as these, with full “Link” between animal abuse and human violence comprehensive study to date of the support of law enforcement and prose- (www.nationallinkcoalition.org) and editor of its many motivations causing people to cutors, are encouraging signs that crimes free monthly LINK-Letter.

8 SHERIFF & DEPUTY | 2019 SPECIAL ISSUE TRAINING POLICE OFFICERS TO IDENTIFY ANIMAL CRUELTY CRIMES By Kitty Block

hen the George County (Missis- sippi) Sheriff ’s Office received a Wreport about a property that could be housing a dogfighting operation, they knew exactly what to do. Deputy Lisa Finlay, who had just completed a course with the Humane Society of the United States’ Law Enforcement Training Center, went to the scene where she found extremely scarred dogs on heavy chains. Deputy Finlay called Chief Matt Barnett of the Wiggins (Missis- sippi) Police Department, a trainer for the law enforcement training center, who arrived with animal control Officer Melanie Rowe. Together, the three worked through the night to document the scene and to secure resources for the dogs who appeared hungry and thirsty. Chief Barnett reflected upon the look of relief in the eyes of one of the pups as he offered her what was likely her first sip of fresh water in a long time. happen concurrently with things like domes- nal cases (a significant financial burden Our men and women in blue are often tic violence, child abuse, illegal gambling, historically placed on enforcement agencies, the first to learn of crimes against animals, and drugs or weapons violations. Our goal is nonprofit rescue groups, and taxpayers). and for that reason we need to equip them to equip law enforcement with the informa- Deputy Finlay credits the Law Enforce- with the tools to recognize and address the tion and resources they need to successfully ment Training Center for her understanding crime of animal cruelty when they see it. handle animal cruelty in their communities.” of what to look for when she arrived at that That’s why the Humane Society of the U.S. In the George County rescue, in addition house—she had taken the class just last created the Law Enforcement Training to dogfighting paraphernalia, officers at the month and says the case was a textbook Center, which provides free education and site, including the Southeast Mississippi example of the lessons taught. training throughout the country for police Narcotics Task Force, seized large amounts The animals rescued from the property officers responsible for the investigation and of illegal drugs and firearms. now rest easy without threat of being forced documentation of animal crimes. The rescue occurred on the heels of a to fight to the death, and the person who In 2017 alone, the center hosted more tremendous legislative victory for Mississip- appears responsible for their suffering faces than 80 seminars, training nearly 4,000 pi victims of dogfighting. Earlier this year, charges that reflect the severity of his crimes. officers across the U.S. We are grateful for our animal cruelty campaign worked with This is exactly the kind of outcome that our our training partnership with the National rescues, shelters, and law enforcement agen- law enforcement trainings seek to ensure. Sheriffs’ Association, which created a cies in pursuit of an upgrade to the state’s For more information and to schedule a clearinghouse for information on animal dogfighting law, and George County Sheriff training at your agency, please contact Law cruelty, and the National Law Enforcement Keith Harvard offered his voice in support Enforcement Outreach Director Ashley Center on Animal Abuse (NLECAA), for of this effort. In April, Mississippi Gov. Phil Mauceri, at 240-449-0853 or amauceri@ its focus on encouraging greater awareness Bryant signed into law a bill that increased humanesociety.org. and understanding of animal cruelty and its maximum penalties and made it a felony link to interpersonal violence on the part of to manufacture, possess, buy, or sell animal Kitty Block is President and CEO of the Humane law enforcement officers. fighting paraphernalia. Society of the United States. “Most of the time [these crimes] aren’t The bill also included an important happening in a vacuum,” says Chelsea requirement that individuals charged with This article first appeared on Kitty Rider, director of NLECAA. “Many cases animal fighting pay the cost of caring for Block’s blog, A Humane Nation. of animal cruelty, including animal fighting, their dogs while they are held in crimi-

SHERIFF & DEPUTY | 2019 SPECIAL ISSUE 9 THE DAY AMERICA REALIZED THERE IS A BIG CAT CRISIS By Sheriff Matthew Lutz and Jennifer Leon

The incident It happened October 18, 2011. What started out like any other Tuesday quickly became one of those days in law enforcement that I will never forget for the rest of my life. All these years later, what we had to do that day to maintain public safety still affects my deputies and me. Local Zanesville, Ohio resident Terry Thompson, owner of a private wild animal preserve on his property, had unlocked and opened the cages of most of his wild animals and then committed suicide by a self-inflicted gunshot wound to the head. It was around 5:15 p.m. with the sun starting to sink when a report of wild animals running loose on Thompson’s farm came into my office. At that time, I was in my third year as the sheriff of Muskingum When my first deputies arrived on scene hunt to locate all of the animals, highway County. Our office had 110 employees. at the Thompson property, they witnessed patrol officers cordoned off several roads We’re the fifth largest county in Ohio at 680 numerous tigers, lions, bears, and other in the area. It’s difficult to convey what an square miles. My job that day, as the lead of ferocious animals wandering loose. It was insane night it was. There were 300-pound the office, was to make the decisions about unknown how many animals Thompson Bengal tigers that we had to put down. our response. kept on the property or how much of a head During the chaos, an escaped lion killed a Thompson, 61, had recently been released start they had, but we did know we only had monkey, and bears and lions were charging from prison after serving one year on about 90 minutes of daylight left. The dep- at horses at Thompson’s farm. federal weapons charges. He had been cited uties reported to me what they were seeing When the carnage was over, 48 animals in the past for animal abuse and neglect. at the farm and I had to give the difficult were killed that day: 18 tigers, 17 lions, eight He had been warned repeatedly over the order: Put down any animal already off the bears, three mountain lions, and two wolves. previous decade to get his animals under property or close to leaving the property. control. In April of 2005, he was arrested It was a heart-wrenching decision to Reflections after the carnage for cruelty and torture of cattle and bison shoot those beautiful animals, but I knew The events that day put a worldwide spotlight on his property. there was no way we could have those types on Zanesville and our actions as my deputies I had been to Thompson’s property of animals loose in the night in our neigh- had to kill 38 big cats and 10 other loose, wild numerous times before. He was a guy who borhoods. We feared the animals would animals. When I review all of the facts, it’s kept to himself but was always willing to scatter and terrorize Zanesville residents or amazing nobody was hurt. If we had not done push the envelope. I knew he and his wife even cause fatalities, so my officers began what we did and those animals had injured had lions and tigers and other dangerous, dispatching the wildlife with their rifles. or killed someone, the criticism, stress, and wild animals on their farm, but I had no About 10 of my deputies from the SWAT trauma would’ve been 1,000 times worse. idea of the vast numbers. team rode in the back of two pickup trucks, We talk about how lucky we were for the We were very, very, very lucky that while another 10 patrolled the perimeter. We neighbor’s phone call that day. This incident Thompson’s neighbor was home that after- canceled school for the next day for the two would have not only affected our county; noon and looked out her kitchen window districts because the last thing we wanted it would’ve affected other counties because noticing a tiger and bear in the field. She was kids standing at a bus stop with these those animals can travel great distances in immediately realized they were loose. If she animals potentially at large. short periods of time. Dozens of predatory hadn’t been home, I don’t even want to put When I arrived at Thompson’s place, I saw big cats and other wild animals at-large, a number on how much worse the incident the animals were on the move and showing going in all different directions as night was could have been. signs of leaving the property. During the falling. It could have truly been a nightmare.

10 SHERIFF & DEPUTY | 2019 SPECIAL ISSUE Law enforcement and other first respond- ers don’t go through training for this, and taxpayers pay the cost when big cats escape or otherwise jeopardize the community. We have many hunters in our agency, but you’re never trained to shoot exotic animals and have to deal with situations like this. The incident put a lot of needless stress on our community and our officers. It was also a financial burden on our law enforcement agency. While rounding up all of the animals luckily did not drag out over multiple days or weeks, there was still an extra $8,000 in overtime costs. We don’t go into this line of work to deal with exotic animals. No Ohio sheriff has any deputies carrying around tranquilizing guns. The training requirements for law enforce- ment are immense and intense and require numerous situations we must prepare for, but rounding up dangerous captive wild animals cats while doing their jobs. Zanesville could Public Safety Act (H 1818 / S 2990)—has in somebody’s backyard is a situation we happen anywhere in the U.S. An estimated been introduced in the U.S. House and Sen- shouldn’t have to know how to do. 10,000 to 20,000 big cats are owned as pets or ate. This bill will basically expand what we’ve When my officers had to confront these maintained in ill-equipped roadside zoos and done in Ohio to the rest of the states. It’s a massive beautiful exotic animals they were traveling exhibits in the U.S. These predators common sense and urgently needed bipar- used to seeing only in a zoo or on television, pose a serious risk to public safety and law tisan solution to the problem of dangerous and had to actually put a scope on that enforcement. big cats kept in unsafe circumstances. The animal to put it down, it leaves an effect. The probability of dangerous big cats bill amends the Captive Wildlife Safety Act Add to that the hundreds of phone calls that escaping is low, but when it does happen, it to prohibit most breeding and phase out the came into our dispatch center from people creates an extremely high-risk situation. Cats private possession of lions, tigers, and other around the world upset and cussing us out possessed by private owners are frequently big cats. It is narrowly focused on privately because we killed the big cats and other housed in dilapidated cages that are unlikely owned big cats and includes exemptions for animals; it was very stressful for everyone to hold and contain them during natural di- zoos, sanctuaries, universities, and traveling in my office. Hearing the news reports and sasters such as hurricanes, earthquakes, and circuses. Current owners of big cats are reading newspaper articles full of criticism of tornadoes. Law enforcement officers and the grandfathered in and simply required to our handling of the animals caused a lot of public would needlessly be put at risk when register their animals with the USDA. distress and trauma to our folks. such disasters strike. Many individuals and groups involved in What disturbs me the most is the sense- I’m proud that Ohio took the initiative law enforcement and animal control have lessness of what happened. This incident to turn this tragedy into something positive endorsed the Big Cat Public Safety Act, in- should never have occurred. It’s my profes- by passing a law to force private owners of cluding myself. You and your office can help sional and personal opinion that it is not big cats to come into compliance. I’ve said end this unnecessary danger to law enforce- worth the risk to public safety to allow indi- numerous times in my 29 years that our ment by submitting letters endorsing this viduals to keep these dangerous, predatory primary job is to make our community the crucial bill that will ensure big cats live only animals penned up in cages. Nobody should safest place we can to work, live, and raise a in secure facilities that can properly provide be able to accumulate exotic animals on his family. Having these creatures in our com- for them and do not diminish public safety or her property. The question isn’t if this munity unsafely puts families, deputies, and or waste law enforcement resources. could happen again. The question is: When police officers at risk. If an officer is respond- and where will it be? ing to a call at a home, and they go into the Matthew Lutz is sheriff of Muskingum County, home to see what’s wrong, and there’s a tiger Ohio. Jennifer Leon is Director of Outreach for The solution or a lion living in that home, that is a huge Big Cat Rescue. For information about the Big Cat Private citizens should not own big cats like and needless risk to public safety. Public Safety Act or to submit an endorsement tigers and lions. It is completely unnecessary The private ownership of big cats in from your office, contact her at jennifer.leon@ that sheriffs, deputies, and other first respond- America is a problem that requires a federal bigcatrescue.org or visit www.bigcatrescue.org/ ers could be confronted with dangerous big solution. Federal legislation—the Big Cat lawenforcement.

SHERIFF & DEPUTY | 2019 SPECIAL ISSUE 11 NIBRS NEEDS BOTH LAW ENFORCEMENT AND ANIMAL CONTROL OFFICERS By Mary Lou Randour, Ph.D.

Moving to National Incident Based Justice Records, New York State Division of NIBRS, according to the FBI “will Reporting System (NIBRS) Criminal Justice Services (DCJS) Direc- improve the detail and overall quality of The Federal Bureau of Investigation (FBI) tor, Adam Dean: “The technical work at crime data, which will help law enforcement is making a concerted effort to encourage the State level to actually accept and send and communities around the county use law enforcement agencies to move from NIBRS compliant data is expected to be resources more strategically and effectively.” the summary-based reporting system to the completed by Spring 2019. While DCJS Specifically NIBRS will provide more de- National Incident Based Reporting System does not have control over local’s participa- tailed information about a crime, including (NIBRS). The FBI’s goal is to achieve 100 tion in NIBRS, we do know that many of its circumstances and context, aspects of percent compliance by 2020. As of this date, our agency’s Records Management Ven- each event, such as location, time of day, and there are 6,998 law enforcement agencies dors are starting to modify their systems whether an incident was cleared. reporting NIBRS, or 42 percent of the total. for the collection and transmission of the States report that they are moving toward new NYSIBR (New York State Incident How the addition of animal cruelty to meeting that goal. Virginia has stated that Based Reporting System) data elements to NIBRS is unique it expects to be fully compliant with the DCJS.” Moreover, in preparation Florida is Law enforcement agencies need to be national program by early 2019. New York examining its animal cruelty laws to see how brought on board whenever there is a change also is actively moving toward NIBRS they apply to the animal cruelty coding in or addition to NIBRS. The system depends compliance. According to Office of Criminal NIBRS. on their “buy in” and full participation. To

12 SHERIFF & DEPUTY | 2019 SPECIAL ISSUE that end, the FBI has assigned personnel to get the word out to law enforcement to facilitate the addition of animal cruelty crimes; the point person as Criminal Justice Information Services (CJIS), FBI is Amanda Shaffer. The approval to add animal cruelty crimes to NIBRS in September, 2016 presented a unique challenge. Animal cruelty is defined by the FBI as “Intentionally, knowingly, or recklessly taking an action that mistreats or kills any animal without just cause, such as torturing, tormenting, mutilation, maim- ing, poisoning, or abandonment. Included are instances of duty to provide care, e.g., shelter, food, water, care if sick or injured; transporting or confining an animal in a manner likely to cause injury or death; caus- ing an animal to fight with another; inflicting excessive or repeated unnecessary pain or suffering, e.g., uses objects to beat or injure an animal. This definition does not include proper maintenance of animals for show or sport; use of animals for food, lawful hunt- ing, fishing or trapping.” For NIBRS, the FBI breaks this definition down into four different categories: A = Simple/gross neglect: the failure of a person to provide for the needs of an animal Control Officers and Humane Law Enforce- role in reporting to NIBRS. Law enforce- (lack of food, water, shelter, grooming, or ment. Training on use of the NIBRS manual ment have a number of resources right in veterinary care) has been offered at various state and national the National Sheriffs’ Association. Visiting I = Intentional abuse and torture: the conferences and an e-learning video is being the National Law Enforcement Center on intentional act of harming an animal developed which will be available to any Animal Abuse is a must—sheriffs will find F = Organized abuse: dogfighting and group that trains animal control or HLE. a number of resources, including training cockfighting videos, webinars, and other useful informa- S = Animal sexual abuse The sheriffs’ take on animal cruelty tion at www.sheriffs.org/nlecaa. If you have Animal service agencies are often the crimes any questions about or ideas for implemen- first responders to animal cruelty incidents, In August 2018, the National Sheriffs’ tation of, animal cruelty into NIBRS, feel yet current estimates are that only about Association sent out a survey to sheriffs to free to contact Dr. Mary Lou Randour at 50 percent of them are in law enforce- determine their knowledge of, and attitudes [email protected]. ment agencies (LEAs) and LEAs are the toward, the inclusion of animal cruelty only bodies that can submit NIBRS data. crimes in NIBRS. Mary Lou Randour has a Ph.D. from the University Clearly, animal cruelty crime data collected Although the response rate was lower of Maryland, received a NIMH Postdoctoral under NIBRS will not be accurate without than hoped for (3.5 percent of the approx.. Fellowship, was a clinical fellow in Psychology the participation of animal control officers 2,400 emails sent), the results were encour- at Cambridge Hospital, Harvard Medical School, (ACOs). Those animal service agencies not aging. As can be seen in the chart below and is an adjunct professor in Psychiatry at associated with a law enforcement will have approx.. 79 percent of those responding The Uniformed Services University of the Health to arrange to transmit their data through an thought that reporting animal cruelty crimes Sciences. She currently serves as Senior Advisor appropriate LEA. was either extremely useful or very useful. of Animal Cruelty Programs and Training for the To facilitate this partnership between Animal Welfare Institute. ACOs/humane law enforcement (HLE) Resources available for reporting and LEAs in the reporting of animal cruelty animal cruelty crimes in NIBRS crimes, we have worked with the FBI to As mentioned earlier, there is an ongoing develop the NIBRS User Manual for Animal effort to train ACOs and HLE on their

SHERIFF & DEPUTY | 2019 SPECIAL ISSUE 13 EVIDENCE IN ANIMAL CRUELTY CASES: WHAT PROSECUTORS WANT By Randall Lockwood, Ph.D.

he last decade has seen increasing interest in investigating and prose- Tcuting crimes against animals. This has been fueled by a general strengthening of animal cruelty laws and the inclusion of felony penalties in such laws in every state. This interest has also been elevated by greater understanding of the “Link” between animal cruelty and interpersonal violence and the emergence of the field of veterinary forensic sciences. However, not all animal cruelty cases are prosecuted and some prosecutions do not result in a successful outcome. To better understand what factors influence the decision to bring a cruelty case to trial and what affects the outcome, we surveyed 200 prosecuting attorneys nationwide via an online poll from a list provided by the Association of Prosecuting Attorneys. Over half (52 percent) reported that prosecution of animal cruelty cases was considered “essential” or “high priority” in Detailed cruelty case reports are key to successful prosecution. their offices. Most (85 percent) had prose- cuted a criminal neglect or hoarding case in the last five years, 79 percent had taken on of evidence from crimes scenes in animal to the quality of veterinary reports and intentional abuse or torture cases, 31 percent cruelty cases, 82 percent mentioned pictures photographs they are now receiving, with had prosecuted animal fighting and 21 of the scene, 76 percent said photographs of nearly 87 percent rating them as good to percent had prosecuted animal sexual assault. the animals in situ, 72 percent noted law en- excellent and only 7 percent rating veter- Forty-four percent reported that they had forcement reports, and 66 percent identified inary evidence as fair or poor There is still prosecuted animal-related cases that also eyewitness reports as significant. Evidence room for improvement. This is even more involved intimate partner violence or child from the animal victims was also of vital important in the case of investigators (law or elder abuse, reinforcing the importance importance. Thorough, clear documentation enforcement and animal care and control), of training on the “Link.” Over half (52 per- of the medical condition of the animals was with almost 21 percent considering the cent) had animal cruelty cases where there identified as important by 76 percent of evidence provided by these professionals were additional charges related to drugs, prosecutors, with many specifically seeking to be only poor to fair. illegal weapons, gambling, or gang-related clear commentary by veterinarians on the Report writing and evidence photography crimes. degree of pain or suffering the animal may are key skills that can be easily taught. As Although the investigation of animal have endured. In addition, 68 percent noted professionals who respond to crimes against cruelty can involve application of recent ad- the importance of high quality photographs animals become even more adept at docu- vances in forensic science such DNA anal- of the victim with attention to overall menting the stories of animals that may have ysis, entomology, computer, and telecom- condition as well as close-up details and suffered or died, we are likely to see even munication forensics or tracking of financial radiographs of any injuries. more prosecutors willing and able to bring transactions, prosecutors tended to rely on This survey confirms that good docu- the perpetrators of such crimes to justice. the tried-and-true basics of criminal inves- mentation of the scene and the condition tigation in deciding which cases to pursue of the animals, both in writing and in Randall Lockwood, Ph.D., is senior vice president/ and what evidence to present. When asked photographs, is essential to building a suc- Anti-Cruelty Special Projects American Society for to identify the importance of various forms cessful case. Prosecutors gave high marks the Prevention of Cruelty to Animals.

14 SHERIFF & DEPUTY | 2019 SPECIAL ISSUE AnimAl Cruelty & Fighting investigAtions trAining For lAw enForCement

Trainers with the Humane Society of the United States’ Law Enforcement Training Center are current and former law enforcement with expertise in animal cruelty and fighting investigations. Seminars are free and open to law enforcement, animal control, humane investigators, code enforcement, veterinarians and prosecutors. Courses typically qualify for continuing education credit. Topics to be covered: • Review of animal fighting and illegal animal cruelty crimes, including relevant local, state and federal laws • Investigating reports of abuse, from first response to filing charges • Link between animal crimes and other felonies • Recognizing and collecting key evidence, writing warrants, statements • Prosecution considerations

For more information and to schedule a training, please contact: Ms. Ashley Mauceri, Director, Law Enforcement Outreach 240-449-0853, [email protected] THE ASPCA/NYPD PARTNERSHIP By Howard Lawrence

ur historic partnership with the New York City Police Department O(NYPD) is making a real difference. By leveraging the expertise of the American Society for the Prevention of Cruelty to Animals (ASPCA) and the NYPD, we are working to improve cruelty case response, keep pets and people together, and improve animal welfare. We are doing this through the direct provision of services plus the mentorship of organizations resulting in our ability to better serve pet owners in their communities. The collective expertise and commitment of these two organizations— each more than 150 years old—is essential ASPCA on scene with the NYPD assisting with a multi-animal removal in Queens, September 2108 to realizing the ASPCA’s desired outcome of effective law enforcement, pet retention and improved welfare. informally—at the police academy, police using this hotline, officers have access to our In New York City, the ASPCA works to officer and supervisor orientations and liaisons and attorneys. Our law enforcement advance the partnership between the ASPCA refresher trainings, leadership training for liaisons, all former NYPD executives, and and NYPD, jointly serving the purpose of newly promoted supervisors, and execu- our legal advocacy attorneys, former New preventing animal cruelty and enforcing the tive development seminars. You will even York City prosecutors, assist the NYPD laws that protect New York City’s most vul- find them at precinct roll calls before an and federal, state, and local prosecutors in nerable animals. The NYPD takes the lead in outgoing platoon is ready to hit the streets. advancing their investigations. They are responding to animal cruelty complaints and Additionally, we have developed and distrib- available around the clock to offer guidance, enforcing animal cruelty laws, while the AS- uted an important tool for patrol, a “memo support, and consultation as needed. PCA provides all facets of care for the animal book insert” which provides officers an Complaints of animal cruelty in New victims seized by the NYPD. To directly assist overview of animal related crimes, the class York City are reported to 311, and 911 in this effort, we employ a dedicated team and section of law, and where those crimes for crimes in progress and members of the of law enforcement liaisons, legal advocacy reside: the Agriculture and Markets Law, the public are reporting what they see; we are attorneys, forensic veterinarians, community Penal Law and the Education Law. It also experiencing steadily increasing casework, engagement specialists, animal behaviorists, includes proper surrender language and the which include a combination of large-scale and foster and adoption staff. ASPCA 24-hour hotline. animal cruelty cases, hundreds of small-scale cases, and dogfighting and cockfighting Training Response and investigations cases. The results are impressive. Since its An essential component underwriting the Investigating animal crimes, not unlike start, the partnership has rescued more than success of our partnership, now in its 5th investigating other human assault and 3,000 animal crime victims, and the NYPD year, is training. We work with police acad- property crimes, is a criminal investigation has made nearly 700 arrests, executed more emy leadership to address any concerns and where the victim cannot speak for them- than 60 search warrants, and issued more training needs and coordinate and facilitate selves. The same investigative steps and than 300 summonses for animal cruelty-re- our expert support services to the NYPD, as techniques apply. The difference is in dealing lated offenses. needed. Our training includes such topics with a live—or dead—animal as evidence. as the law, search and seizure, investigating To work through that challenge, we’ve taken Specialty squad animal crimes, the domestic violence link, steps to alleviate that potential obstacle. We In 2014, the NYPD created the Animal evidence collection and documentation, and have partnered with 24-hour emergency Cruelty Investigation Squad—an expert team forensics. This is made possible through the veterinary clinics throughout the city where of hand-picked investigators whom report to work of a team of ASPCA law enforcement officers bring an animal and the clinic can the Chief of Detectives—to work with patrol liaisons, legal advocacy attorneys, investiga- “forensically” intake this new case during off officers and other specialty units to investigate tors, and forensic veterinarians. They train hours. We have also established a police-only and follow up on animal cruelty complaints. in a variety of settings—both formally and 24-hour helpline staffed by our liaisons. By We work daily with this squad and support

16 SHERIFF & DEPUTY | 2019 SPECIAL ISSUE The collaboration between the NYPD and ASPCA is like a blockbuster Broadway hit. And just as there is also great theater happening in regional venues around the country, smaller law enforcement agencies from Baltimore to Austin and Las Vegas to Los Angeles have implemented successful anti- cruelty programs. One of the most recent is in El Paso, Texas. The Animal Cruelty Unit was formed in November 2017 and consists of four detectives, a sergeant, and an officer. Two detectives who helped lobby for setting up the unit said that information available on the Animal Welfare Institute’s website helped to convince Chief Greg Allen to approve their request. Now, according to Components of ASPCA training for the NYPD Sergeant Sandra Zamudio, the chief is “100 percent behind this unit.” The unit has quickly proved and further their investigations; from the need support to improve the lives of their its worth. Since its creation, it has single animal cruelty case to the more sophis- pets. This support might include assistance made 47 arrests. Most recently, it ticated dogfighting and cockfighting case. with improving living conditions, adequate has undertaken an investigation shelter, access veterinary care, education, of animal sexual abuse resulting Community engagement behavior consults, etc. in charges against two teenage Responding to approximately 10,000 animal girls. Under Texas’ relatively new cruelty-related 311 calls annually, the NYPD Community policing (September 2017) law, animal sexual knows there are many cases that may be The ASPCA, NYPD, and the community abuse is a felony, with a possible better handled outside the criminal justice are a natural fit. The NYPD Neighborhood sentence of as much as two years, system and they are referring more cases Coordination Officer (NCO) program and the and conviction resulting in potential such as those to our community engagement ASPCA have a common goal—improving the registration as a sex offender. team. This is a critical and necessary outlet lives of New York City residents. This common for those cases that don’t fit neatly into any goal is moved forward by the collaborative ef- one category. forts we have undertaken with the NCOs. We Established in 2010, the ASPCA’s Com- regularly attend precinct community council munity Engagement Program works closely meetings, district cabinet meeting, Build the • Establishment of the Animal Cruelty Inves- with the NYPD, social service organizations, Block meetings, community outreach events tigation Squad government agencies, veterinarians, and joining with social service organizations, and • Crime Stoppers program other animal welfare groups to coordinate National Night Out. In 2018, ASPCA staff -- Program hotline now includes reward services and access to resources that help and volunteers joined the NYPD in National money for tips on animal crimes pet owners to create positive, sustainable Night Out events in each of the 5 boroughs. • Animal Cruelty Investigation Squad Mobile change for the entire family. As the NYPD Command Vehicle partnership strengthens, the community Highlights -- Provides investigators a fully function engagement team is receiving over 100 As the ASPCA/NYPD partnership has command center to deploy to the scene referrals each year from NYPD officers who progressed and matured through the last five of an animal cruelty investigation. respond to reports of animal cruelty but years, investigating animal crimes is now • ASPCA 24 hour police-only Helpline determine supportive services are the appro- a permanent part of policing in New York priate course of action. Other referral sources City. Here are some key markers: Howard Lawrence is vice president of Humane for this work include internal ASPCA • NYPD Patrol Guide procedure Law Enforcement, Community Engagement programs, social service organizations, and -- Investigation of animal abuse incorpo- and Forensic Sciences American Society for the community events. In 2018, we have opened rated into the rules and procedures of Prevention of Cruelty to Animals. over 400 cases involving pet owners that the NYPD

SHERIFF & DEPUTY | 2019 SPECIAL ISSUE 17 AnimAl Cruelty Resources for Law Enforcement For more resources, visit: https://www.sheriffs.org/programs/nlecaa-resources

AmericAn society for the Prevention of cruelty to AnimAls www.aspca.org Randall Lockwood, Senior Vice President/Anti-Cruelty Special Projects [email protected] 347-668-4302

Founded in 1866, the ASPCA® (The American Society for the Prevention of Cruelty to Animals®) is the first animal welfare organization in North America and serves as the nation’s leading voice for animals. The ASPCA’s mission is to provide effective means for the prevention of cruelty to animals throughout the United States. The ASPCA is a national leader in the areas of anti-cruelty, community outreach and animal health services. It provides training on animal cruelty for law enforcement, veterinary professionals, animal care and control and many others and works closely with local, state and federal law enforcement agencies to assist in responding to animal abuse and neglect.

AnimAl legAl Defense funD https://aldf.org/ Lora Dunn, Director, Criminal Justice Program [email protected]

Our Criminal Justice Program provides the following free legal services to prosecutors, law enforcement, and veterinary professionals: • Legal research: Performing legal research, formulating case strategies, and submitting amicus curiae briefs; providing sample pleadings, research memos, voir dire questions, jury instructions, and briefs on issues relevant to cruelty prosecutions • Professional trainings: Leading accredited training programs for police and animal control officers, prosecutors, judges, and veterinarians specific to animal cruelty cases • Grant funding: Offering grant money to help cover the costs of caring for seized animals, necessary forensic work, and obtaining expert witnesses • Expert witnesses: Securing and funding expert witnesses including veterinarians, animal behaviorists, and experts on organized animal fighting and animal hoarding

AnimAl WelfAre institute https://awionline.org/ Nancy Blaney, Director, Government Affairs [email protected] 202-446-2141 While AWI’s mission is to alleviate suffering of nonhuman animals, the principle followed by AWI of compassion and nonviolence applies to human animals as well as nonhuman animals. The Animal Welfare Institute condemns violence directed against all living creatures. There are no exceptions. Thus, we both regard animal cruelty as a violent crime in and of itself, and we recognize and seek to address the relationship between animal cruelty and other forms of violence. Through our Animals and Family Violence program, AWI provides resources to assist survivors of domestic violence and child abuse, juvenile offenders, and others; interacts with entities addressing violence and trauma; and is working with law enforcement communities to ensure robust collection of animal cruelty data for submission to the FBI.

AssociAtion of Prosecuting Attorneys APAinc.org D. Nichole Parisi, Esq., General Counsel [email protected] 202-861-2484 The Association of Prosecuting Attorneys (APA) is a national 501(c)(3) organization headquartered in Washington, D.C.. APA has a staff and international membership comprised of elected and appointed prosecuting attorneys, law enforcement professionals as well as a number of various criminal justice system actors. Working in collaboration with the U.S. Department of Justice, other non-profit organizations, experts on current prosecutorial concerns as well as several universities and colleges, APA provides a forum for productive discourse and the exchange of ideas.In addition they provide a number of valuable services including training, technical assistance, webinars, publications, as well as regional and national conferences. Big cAt rescue bigcatrescue.org Jennifer Leon, Director of Outreach [email protected] 813-393-6066

Big Cat Rescue is one of the world’s largest accredited sanctuaries for big cats, including lions and tigers, mostly rescued from private owners. Our mission is to provide the best home we can for the cats in our care, end abuse of big cats in captivity, and prevent the extinction of big cats in the wild. We work with law enforcement and a network of partners to safely transport and place confiscated exotic cats. An estimated 10,000-20,000 big cats are owned by ill-equipped private individuals and roadside zoos in the United States, posing an unnecessary risk to public safety, law enforcement, and other first responders. humAne society of the uniteD stAtes humanesociety.org Ashley Mauceri, Director, Law Enforcement Outreach [email protected] 240-449-0853

The Humane Society of the United States is a national animal protection organization that fights for all animals by providing hands-on care to more than 100,000 animals each year, and professionalizing the animal protection field through education and training for local organizations. Through its Law Enforcement Training Center and Humane State programs, every year the HSUS trains thousands of law enforcement officers across the country on how to investigate illegal animal cruelty and fighting. The HSUS also provides law enforcement with a fully equipped response team; the nation’s leading experts on animal crimes; a $5,000 reward for the arrest of animal fighters; and direct care for animals seized in cruelty and fighting cases. nAtionAl AnimAl cAre AnD control AssociAtion https://www.nacanet.org [email protected] 913-768-1319 The National Animal Care & Control Association (NACA) was formed in 1978 for the express purpose of assisting its members to perform their duties in a professional manner. We believe only carefully selected and properly trained animal control personnel can correct community problems resulting from irresponsible animal ownership. NACA’s purpose is to preserve the Human/Animal Bond by insisting on responsible animal ownership. nAtionAl lAW enforcement center on AnimAl ABuse https://www.sheriffs.org/nlecaa Chelsea Rider, Director [email protected] 703-838-5332

The National Law Enforcement Center on Animal Abuse was established to provide law enforcement officers information on the realities of animal abuse and to promote their proactive involvement in the enforcement of animal abuse laws in their communities. NLECAA serves as an information clearinghouse and forum for law enforcement on the growing problem of animal cruelty. nAtionAl link coAlition NationalLinkCoalition.org Phil Arkow, Coordinator [email protected] 856-627-5118 We are the National Resource Center on The Link between Animal Abuse and Human Violence. We publish a free monthly bulletin, The LINK- Letter. We conduct training programs for law enforcement and prosecution personnel; offer free resources and technical assistance; address legislative issues; and collect academic research regarding how animal abuse is Linked with child, domestic and elder abuse and other community crimes. A DOG IN THE CLOSET By Jill Hollander, Chief Senior Assistant District Attorney, Fulton County, GA

he cellphone vibration startled else when she didn’t immediately answer his tiny body she collected his bed, food, water, Calvin, a 9-month-old Pomerani- messages. He was on the way. and a piddle pad and put him in the closet. Tan, from his slumber on the back Panic set in as Rachel evaluated her She doesn’t know how long she’ll be at of the couch. He wasn’t supposed to be up options. She fished through her pockets to the hospital this time. Kissing his tiny face there, but Rachel allowed it when Ed wasn’t see how much cash she had from today’s the image of Ed slamming her first dog, around. The phone buzzed again, and again, tips and quickly counted $27. She had an- Montey, against the wall and stomping him inciting Calvin to jump down from his perch other $50 stashed in a shoe. That wouldn’t to death flashed in her mind. “You made me and warn Rachel of its repeated intrusion of get her very far for very long. She couldn’t do this!” he yelled at her as she huddled in his nap. She awoke with a start as the little risk leaving Calvin behind to go to her the corner, helpless to stop him. She turned dog softly barked at her phone. She hadn’t sister’s apartment. on the light and closed the closet door intended to fall asleep on the couch, but Ed She started to dial the restaurant to see whispering a promise to Calvin to always had been drinking last night and kept her up if she could come in, maybe she could tell keep him safe. Calvin was an apology gift lobbing accusations about men she worked Ed that she had picked up another shift, from Ed after he killed Montey, a promise with, only stopping when he drove her to her but that thought failed as soon as she saw that he would never hurt her again. She waitress job at a 24-hour fast food restaurant the “find my friends” app on her phone. He went back to the couch, placing the phone and approving of who else was on the shift. knew exactly where she was. She opened the back on the table with 19 unread messages She didn’t know where he was, until now. app to see how much time she had. He was and lying back down. The phone buzzed again. Snapping out 4 miles away. The neighbor had to call the police again of her daze she grabbed the phone and Looking around the apartment she knew and they came quickly; they know which her heart jumped into her throat when she there was no escape. She had to hope that apartment. The neighbor is a nice man that saw the red 19 next to the message icon. he would believe that she was asleep, or if smiles at her but never says much. His eyes She knew what they were without opening he didn’t, that he would be too drunk to ask why she stays, but he never says more them—Ed. He was drunk again. He was do too much damage. She wouldn’t take than, “Good morning.” Rachel knows better angry, accusing her of being with someone that risk with Calvin, though. Cradling his than to speak to him, especially if Ed is

20 SHERIFF & DEPUTY | 2019 SPECIAL ISSUE around. She knows the officers by name. The that she needs to be transported for X-rays a victim’s rights pamphlet and remind her officer that pulled Ed off of her is the same on her arm. Rachel declines, promising that that there are resources and shelters she can one that came on her birthday. The officer she will get it looked at on her own. Crime go to. She thanks them for their time and that dragged him to the car is the same one scene comes out and takes pictures. She tells takes the card with the report number on it. that left his cellphone number when Ed officers what happened, staring at the blue She knows the drill. made a scene at the restaurant. The EMT light on their body camera, knowing that The officers leave and she secures the always smells like bubble gum. She tells her one day Ed will see the video. They hand her front door and begins to pick up the broken

HEALING TOGETHER: SHELTERING SURVIVORS OF DOMESTIC VIOLENCE WITH THEIR PETS

By Andrew M. Campbell, Campbell Research & Consulting

and concern for the well-being of their caregivers when separated from them. Though few shared-space options for human AND animal survivors of domestic violence currently exist in the United States, organizations such as Red Rover and the Sheltering Animals and Families Together Program (SAF-T) are working to bridge this gap by assisting shelters in creating pet-friendly environments that allow families to remain together. With a recent survey finding 90 “He said if I tried to leave, he would kill protect their animal companion. percent of domestic violence victims Sophie, my dog. I knew he was telling Concern for the safety of these pets feel having a “safe place to bring their the truth—he had hurt her before. If I is warranted; when a domestic abuser pet” would make their decision to left it would be a death sentence for threatens violence against a pet, they leave easier—it is critical that domestic her, since I couldn’t take her with me.” almost always carry it out. Even more violence shelters across the United This chilling account from a survivor concerning is the fact that if children States immediately begin to work of domestic violence highlights one of are members of the household, the toward opening their doors to pets. many difficult decisions victims often abuser will often commit the act of Survivors of domestic violence face when considering leaving a the violence against the animal in often credit the consistency, security, violent relationship. The lack of front of the children. and compassion they received from domestic violence shelters in the Most shelters in the U.S. that do their pet as being critical in their United States that accept pets may currently accept pets often utilize survival. By the time they reach often force victims to choose between foster systems that allow pets to shelter, these families have been their own safety and the life of their be temporarily cared for off-site exposed to significant trauma and pet—a decision that for many, will while the rest of the family remains often experienced prolonged periods haunt them for the rest of their lives. at the shelter. While foster systems of pain. They’ve stood together, cried “I can’t help wondering what help to remove the barrier victim’s together, and survived together. happened to her. That Beagle was my face of having to leave a pet behind, Shouldn’t they have the opportunity best friend and I had to…..I had to separation from the pet during this to heal together as well? leave her behind to get my kids out. I crucial time in shelter (for many, the For a complete list of pet-friendly never saw her again.” first steps toward healing) can be a domestic violence shelters in your State, Ninety-five percent of Americans damaging distraction and source of check out the Animal Welfare Institute’s consider their pet as “part of the emotional distress for adult survivors, Safe Haven Mapping project at: http:// family,” so it’s not surprising that so their children, and the animal itself. awionline.org/content/safe-havens- many victims of domestic violence Pets from domestically violent homes mapping-project-pets-domestic- remain in a violent environment to may experience significant anxiety violence-victims.

SHERIFF & DEPUTY | 2019 SPECIAL ISSUE 21 just as likely as a call for assistance for physical violence. The question then presents itself, how does a first responder handle a survivor who will not leave because of their companion animal? The answer is knowing your community. In Georgia, the nonprofit Ahimsa House serves as a model for animal shelters. They cover housing, veterinary, and food costs for any type of animal and guarantee reunification. While such a formal organization may not be available in every jurisdiction, it is worth partnering with your local prosecutor and animal services division to compile a list of pet friendly hotels and local charities that can assist in domestic violence situations. First responders are not expected to be victim advocates or social workers, but things Ed threw around the living room. care, and food. Most communities do not having the ability to offer safe alternatives When she’s sure all the sharp things are have shelters that welcome victims and their to remaining in a dangerous situation are gone she retrieves Calvin from the closet pets and many domestic violence survivors essential to help survivors. The officers in and sits with him on the couch. She sobs as do not have family or friends that can offer our case did everything right. They took she thinks about what has happened to her them long-term shelter for them and their photographs of Rachel’s injuries, obtained future. She knows she deserves better and animals. Apartments and even hotels shun a statement recorded on their bodycam, that she needs to leave before he bonds out, larger or exotic animals and many have offered her information on safe spaces, and but she has nowhere to go. As she assesses breed specific bans that may be arbitrarily even tried to engage on a personal level. her options the phone rings and a familiar enforced. These facts compound the financial They have provided Prosecutors the tools to number displays. It’s a call from the jail— constraints many survivors suffer, leaving remove Ed from the home but only Rachel from Ed. She accepts the call because she them in a perceived trap with their abuser. can remove him from her life. Absent a knows the consequences if she doesn’t. Similar to those warned to evacuate a hur- safety officer or other advocate that can re- The above story is an amalgamation of ricane, Rachel’s first instinct was to leave, but main on scene and work with survivors, the cases prosecuted in Fulton County, Geor- there was nowhere for her to go. She doesn’t vast majority of abusers, at least in Fulton gia, but it illustrates a common thread that have the money on hand to cover more than County, will make contact with their victims links many domestic violence survivors and a night at a hotel and credit cards, like her long before they can be offered services by a their animals. The cycle of violence many phone, can be tracked. Leaving a beloved trained advocate. With that first jail call the survivors find themselves in can be frus- animal behind would mean abandoning them cycle restarts itself. trating to law enforcement, and repeated to an uncertain fate at the hands of their Domestic violence is a blight on our interactions shouldn’t be viewed as failures, abuser as well as leaving behind their support society, one we are unlikely to eradicate, but but additional opportunities to intervene. system. This will not be an option for most, it can be addressed. Identifying the signs and To effectively do this, we must acknowledge and without alternatives many survivors will understanding the underlying motivations of that animals are not merely cherished prop- remain in harms way for lack of options. survivors goes a long way towards fighting it. erty; they are family members. Addressing Given these facts, there are still ways Some solutions are simple, like changing our the safety of the animals is essential to a to reach these victims. The first and most word choice and referring to people as “sur- human victim’s safety. important step is acknowledging not only vivors” rather than “victims.” This empow- Domestic violence survivors, like victims the cycle of violence many domestic violence erment may help someone view themselves of a hurricane, will not leave their animals cases follow but that animals can be victims in a different light. Offering escape options, behind to fend for themselves and face as well. Power and control applies not only whether formal or informal, provides safety an uncertain future. For many, there is no to words and fists applied against a human, and time away from their abuser to establish healing without the support of their animal, but through hurting or killing something a safe place and support system. The goal is whether that is a common household pet that a human loves. Harming the animal to break the cycle and keep everyone and like a dog or a cat, or something more is part of a broader pattern of complicat- everything safe. exotic such as a snake, turtle, fish, or bird. ed abuse and serves as a barrier to escape. Unlike the victims of a hurricane, there is Chances to intervene may offer themselves Jill Hollander is the Chief Senior Assistant no Facebook groundswell to offer housing, with reports of missing or injured animals District Attorney for Fulton County, GA.

22 SHERIFF & DEPUTY | 2019 SPECIAL ISSUE SADDLED WITH THE BILL: RESTITUTION FOR SEIZED ANIMALS’ COSTS OF CARE By Kathleen Wood, Esq.

n animal removed from a cruelty for dealing with seized property do not work recoup losses. However, those funds are only situation is typically placed in the when applied to animals. Unlike inanimate available to human crime victims. There are Acare of a local humane society, ani- objects, animals cannot be locked away in a few states that have established a separate mal shelter, law enforcement agency, or other evidence storage; by law, as well as by nature, fund for animal victims, sourced by criminal caregiving agency. The animal can remain they require food, water, shelter, and even fines paid in animal abuse cases—but those there for months at a time while the owner medical care. states are a small minority. awaits the adjudication of criminal charges, Other legal systems—like those in place racking up steep bills for food, shelter, and for wards of the state or for crime victims— As a result, animals can spend veterinary care. would arguably be more appropriate models months in legal limbo In those cases, who foots the bill? Often, for dealing with seized animals. Seized Despite having been seized, the owner still the burden falls to the caregiving agency, animals are comparable to children who are maintains a property interest in the animal because animal victims are still considered in state custody; both are sentient beings until the animal is forfeited. During that “seized property” under the law. This article with substantial needs and little legal agency. time, the caregiving agency must shoulder lays out legal mechanisms by which care- However, because of their property status, the costs of care. giving agencies can recover costs expended animals are not afforded the same resources The most efficient way to minimize costs caring for seized animals. and services as children. of care is to terminate the owner’s prop- Animals who have been subjected to erty interest prior to final disposition of Animals don’t fit neatly into the criminal abuse and neglect could feasibly be the case, which could be months or years “property” category treated like crime victims. Every state has a away. An animal may be surrendered to the Under the law, animals are considered crime victim compensation program with caregiving agency at the time of seizure, property—but the traditional legal structures funds to aid victims in their recovery and or (depending on the state) a court might

SHERIFF & DEPUTY | 2019 SPECIAL ISSUE 23 order forfeiture at a civil hearing within If the case involves large animals like horses, bond for an animal’s costs of care. These pro- days of the seizure—a mechanism known the cost of regular maintenance is often cedures vary from state to state. For example, as “pre-conviction forfeiture.” That way, the much greater than that for a dog or cat. the state may require that the defendant pay caregiving agency could rehabilitate and the costs of care that are estimated to be rehome the animal as quickly as possible, (Almost) every state has a legal necessary for one month. Under this bond incurring minimal costs. option for ordering restitution mechanism, if the defendant does not post If the owner retains his or her property The Animal Legal Defense Fund compiles the bond, he or she forfeits ownership rights interest—that is, if pre-conviction forfeiture information regarding U.S. states’ animal pro- to the animal. If after thirty days the case is does not occur—the animal lives in this unre- tection laws into our Annual Rankings Report, still pending, the defendant will be required solved legal state until the case is concluded. granting a bird’s eye view of the states’ resti- to renew the bond. Any unused money at The animal remains the legal property of the tution laws. With the exception of Kentucky, the conclusion of the case will be returned to owner who might also be the defendant, but which only allows restitution for seized horses, the defendant. at the same time is in the lawful possession every state has created one or more legal The logic of this system is that, regardless of the third party who cannot adopt out or mechanisms to allow the caregiving agency to of who has possession of the animal, the sell the animal. The animal remains with the recover incurred costs of the animals’ care. owner still retains a property interest and caregiving agency who becomes responsible Those mechanisms vary from state to is therefore responsible for paying for the for providing food, shelter, and veterinary care state, but can generally be sorted into four animal’s necessary expenses. This system to the animal. categories: (1) Securities or bonds, (2) other can be beneficial by ensuring the caregiving Those costs of care can quickly add up. pre-conviction restitution, (3) restitution at agency has the necessary funds to care for In cases of severe neglect or abuse, the sentencing, and (4) liens. the animal upfront, rather than trying to animal might require expensive medical recover the costs down the road. It can also care. For instance, if the defendant is an Securities or bonds be a way to ensure that defendants who are animal hoarder, there may be dozens or even More than thirty states have some procedure financially incapable of caring for an animal hundreds of animals involved in the seizure. in place for a defendant to post a security or are forced to quickly forfeit that animal,

24 SHERIFF & DEPUTY | 2019 SPECIAL ISSUE allowing the animal to be rehabilitated and rehomed without the caregiving agency incurring unnecessary costs. Other pre-conviction restitution Even if the defendant is not required to post a bond for the costs of care of a seized animal, a caregiving agency may nonetheless be entitled to pre-conviction restitution. A majority of states have some language—however vague—that may entitle a caregiving agency to petition the court for restitution before the disposition of criminal charges. This is gener- ally conducted as a civil hearing, and in some states will be decided during a pre-conviction forfeiture proceeding. The standard of proof in these hearings can vary widely depending on the state. In several states the petitioner will have to prove by a preponderance of the evidence that the animal’s owner violated the animal cruelty statute. In other states, the petitioner will only have to prove that the seizure was justified or based on probable cause. In other states still, the petitioner will merely have to demonstrate that he or she has incurred costs caring for the seized animal.

Restitution as part of sentencing mals, because they are not guaranteed to be treated, the lien acts as a remedial measure The vast majority of states either permit reimbursed for costs of care. to reimburse the caregiving agency for or require the court to order restitution Finally, defendants are not always able costs incurred that would have ordinarily upon conviction for animal cruelty. These to pay the restitution that has steadily been been borne by the owner. In other words, statutes can be excellent tools to ensure that accruing since the first stages of the case. the law assumes that if the animal had the caregiving agency is reimbursed for its Even if the caregiving agency gets a court remained with the owner rather than be- expenses, and that the defendant has been order saying it is entitled to restitution, that ing seized, the owner would have paid for afforded the full gamut of due process. order might be meaningless. If, on the other shelter, food, and veterinary care. Because However, there are some issues with this hand, the defendant had been required to someone else (the caregiving agency) was approach. First, if the defendant has been post a security or bond when the animals absorbing that cost, it is equitable for the charged with other crimes, the animal cruel- were seized, the lack of funds would have owner to reimburse the caregiving agency ty charges could be dropped as part of a plea been readily apparent and the animals would for those expenses. deal. Without that conviction for animal have been forfeited much earlier. cruelty, the caregiving agency will have little For legal and other support, call recourse. Similarly, a plea deal may limit Liens the Animal Legal Defense Fund convictions to a select number of animal In more than half of U.S. states, costs of care The Animal Legal Defense Fund has grants victims. If the law only permits restitution constitute a lien on the animal. A lien gives to assist with the cost of care for seized for the animals who are the subject of the the caregiving agency a legal right to retain animals, and we can also assist with any legal conviction, it may effectively prevent the possession of the animal until the owner issues that arise during these complicated recovery of costs for other animals. pays back the costs of care. The obvious issue cases. Every animal—regardless of species, Secondly, in many states the court may with this approach is that it assumes the domicile state, or legal status—deserves exercise discretion in ordering restitution, animals will be returned to their abuser. If proper care and their caregivers have a right resulting in inequitable and unpredictable the court orders the animal forfeited, there is to compensation. applications of the law. Such discretion no incentive for the owner to pay the lien. might also deter caregiving agencies from However, in cases where the court Kathleen Wood, Esq. is a fellow of the Animal Legal taking possession of large numbers of ani- finds the animals were, in fact, not cruelly Defense Fund.

SHERIFF & DEPUTY | 2019 SPECIAL ISSUE 25 FROM THE BACKYARD TO THE FOOTBALL FIELD: HOW MICHAEL VICK BROUGHT ANIMAL FIGHTING TO THE FOREFRONT AND WHY LAW ENFORCEMENT SHOULD CARE By Chelsea Rider

n 2006, Atlanta Falcons quarterback under VA Code Ann. § 3.1-796.122(H). Barack Obama praised the NFL’s action in Michael Vick was the NFL’s highest Vick pled guilty to one felony count of dog- giving Vick a second change, much to the ire Ipaid player. In July 2007, he fell from fighting in the state case, to which he was of animal welfare advocates. grace when he was indicted and charged sentenced to a three-year suspended prison The Vick case brought dogfighting from under federal law 18 U.S.C. § 371, Con- term and ordered to pay $2,500, which was the secreted backyard fighting pits to the spiracy to Travel in Interstate Commerce in also suspended in exchange for payment of forefront of the American landscape. Aid of Unlawful Activities and to Sponsor court costs in the amount of $380. a Dog in an Animal Fighting Venture. Vick was sentenced by a federal judge Vick pled guilty and admitted funding Bad to 23 months in prison, with three years’ Newz Kennels, the name of his dogfighting supervised probation after, during which operation in Surry County, Virginia. He also he could not buy, sell, or own dogs. He was admitted to knowing about and agreeing to fined $5,000 and ordered to pay an addition- the deaths of 10 to 12 dogs from the oper- al $928,073 in restitution for the care of the ation for underperforming in the fighting 53 dogs that were rescued from Bad Newz ring. The NFL suspended him without pay Kennel. Vick served eighteen months in indefinitely, but he was reinstated in 2009. In prison at Leavenworth, Kansas, and was re- September 2007, the State of Virginia also leased in May 2009 to spend the remaining charged Vick with promoting dogfighting time at his home in Virginia. Within days of under VA Code Ann. § 3.1-796.124 and en- his release, he was reinstated into the NFL gaging in the torture, ill-treatment, beating, and signed a $1.6 million contract with the maiming, mutilation, or killing of animals Philadelphia Eagles. In 2010, President

26 SHERIFF & DEPUTY | 2019 SPECIAL ISSUE Issues to consider The spectators are those who attend and dogfighters have also been found in the for law enforcement watch the fights, either for entertainment possession of child pornography. It’s important to understand the secretive or gambling purposes. All 50 states and the nature of the animal fighting world; this can federal government have laws that specifical- COCKFIGHTING make it difficult to investigate these cases, ly address spectators at a dogfight. Signifi- Many facets of cockfighting mirror dog- but it is not impossible. cant parts of the Animal Fighting Spectator fighting. The number of animals involved Due to the number of possible victims in Prohibition Act were included in the 2014 in a cockfighting match is typically greater an animal fight, law enforcement needs to Farm Bill and included two significant than that of a dogfight, but much of the rest be prepared to house, feed, and treat a large offenses: knowingly attending an animal of a match is similar. Cockfighting is illegal number of animals. Working with commu- fight, and knowingly brining a minor to an in all fifty states. Possession of birds to be nity veterinarians and shelters or rescues can animal fight. The second offense is subject to used for cockfighting is prohibited in 39 make this task less daunting. higher penalties than the first because of the states, and being a spectator is illegal in 43 Lastly, it’s important for law enforcement effects of exposing children to violence at a states. The portions of the federal 2014 Farm to understand the individual nature of the young age. Bill Act mentioned previously also applying animals involved. While typically trained to The dogfighters are those individuals re- to cockfighting. act aggressively, many can be rehabilitated sponsible for breeding and training the dogs and have successfully thrived in families with prior to the fight. They typically fall into one Participants children and other animals. Additionally, this of three categories: organized or profession- A cockfighting match has the same aggression is often only exhibited in the pit, or al, hobbyist, or street fighters. participants as a dogfight—a promoter, fighting arena. Many fighting animals are act Lastly, and most importantly, are the responsible for arranging the details of normally towards humans and other animals victims—the dogs. The dogs involved in the fight; handlers—referred to as pitters outside the fight. Some states have previously these fights are typically American pit bull in cockfighting), responsible for handling required the euthanization of fighting animals, terriers. Other breeds may include Amer- the animals before and during the fight; but more and more states have recognized ican Staffordshire terriers or bullmastiffs. referees, responsible for officiating the the ability of these animals to recover and live However, hobbyists and street fighters fight; and spectators, there for gambling or normal, happy lives after fighting. may use whatever dogs they have at their entertainment. disposal without regard to breed or con- The gamecocks used in fighting can be of DOGFIGHTING ditioning. It’s important to recognize that any variety of domestic chickens, and they The ASPCA notes that while many states while these dogs may be aggressive while are usually outfitted with knives or artifi- have their own definition of dogfighting, the in the pit, they are typically not aggressive cial gaffs (long, sharp, dagger-like objects) crime typically “consists of owning, possess- towards people or other dogs outside it. that are affixed to the animal’s legs over ing, keeping, or training dogs with the intent Many former fighting dogs have gone to the natural spur, which is often cut down to engage in an exhibition of fighting the be well-adapted family and therapy dogs. short to allow for the attachment, referred dog with another animal for amusement or The movie, The Champions, chronicles the to as heeling. They are bred and conditioned gain, or permit such acts on premises under “afterlife” of many of Vick’s former fighting specifically to be aggressive. one’s personal control.” dogs as they are brought into families to live a normal dog life. Concurrent criminal offenses Participants Like with dogfighting, cockfighting often The promoter is responsible for arranging Concurrent criminal offenses happens concurrently with other crim- all the details of the fights, referred All fifty states and the federal government inal offenses, including homicide, drug to as matches. This includes not only have offenses that specifically address violations, gambling offenses, and illegal supplying the location and supplies, but dogfighting, but it’s important to understand immigration. Animal cruelty statutes may also overseeing any gambling, as well as that other criminal offenses may be occur- also apply, depending on whether the securing the scene by either providing ring during either the conditioning or match statute protects birds; many animal cruelty on-site security or monitoring local police phases of a dogfight. statutes refer specifically to companion scanners, or both. Common concurrent offenses include animals versus livestock. Tax evasion and The handlers are the individuals respon- animal cruelty in general, gambling racketeering are also common concurrent sible for handling the animals during the offenses, weapons violations, controlled offenses. fights; they may or may not be the animal’s substance violations (manufacturing, actual owner. possessing, and distributing), and tax or Due to the sensitive nature of the investigative The referees officiate the matches accord- racketeering offenses. Many dogfighters procedure for animal fighting, specific informa- ing to whichever rules are being used. The have extensive criminal histories that tion has not been provided, but law enforcement referees and handlers are the only individuals include charges of assault, drug dealing, can request more information by emailing permitted in the pit during a match. theft, and gang activity. Additionally, many [email protected].

SHERIFF & DEPUTY | 2019 SPECIAL ISSUE 27 K-9 PARTNERS IN HOT CARS By Sherry Ramsey, Esq.

e are happy to report some as further discussed below. However, two of of the handler by leaving the dog in the car good news since this topic was the K-9 deaths which occurred this year were unattended. It is important for all officers Woriginally featured in Sheriff & because the alarm systems reportedly failed to be aware of the dangerous conditions for Deputy, July/August 2017. As we reported and in one case because the alarm system had not only K-9 dogs, but for any animal left in in 2017, there was an alarming number of been deactivated. However, these systems a vehicle unattended. Animals left unat- cases of canine partners dying in hot police have undoubtedly prevented many dogs from tended in a vehicle should only be left for vehicles. Although there are still too many of dying in hot police cars. Accordingly, it is a very short amount of time and routinely these tragedies, it appears that the number of important for law enforcement departments monitored to ensure the temperature in the reported cases of K-9s dying in hot vehicles to seriously consider acquiring and diligently vehicle is safe. has dropped significantly from 2017 to 2018. using and maintaining these systems. As we previously reported in 2017, at This good news prompted us to provide an least 40 K-9s had died in police vehicles update on this topic. K-9 partners since 2012. That figure was based only on The reduction in K-9 deaths appears, in Although K-9 deaths can be caused by published news reports. Concern over these part to be due to more police departments equipment malfunction, too often these deaths prompted the previous article to installing and using heat-alert alarm systems deaths are caused by negligence on the part educate officers about this issue in hopes of

28 SHERIFF & DEPUTY | 2019 SPECIAL ISSUE Investigating Heat-Related Illness and Death: A Guide for Law Enforcement

Signs of heat-related illness/heat stroke • Heavy panting, excessive drooling, glazed eyes, rapid pulse, unsteadiness/staggering, bloody vomit, bloody diarrhea or nose bleed, dry, deep red or purple tongue, hemorrhages in the gums or under skin, coma/death. • A temperature over 104˚F.

Providing care to dogs with suspected heat related illness • Seek veterinary care as soon as possible, even if the dog appears to be improving. While waiting for a veterinarian: • Move the dog to a cooler area. • Gradually lower his body temperature by applying cool • (not cold) water all over his body or soaking him in a cool If the dog perishes, pursue a full necropsy by a bath. veterinarian: • Place cool, wet towels over the back of the neck and in • Highlight supportive findings, including organ failure and the armpits, paws, ear flaps and groin area. necrosis or internal bleeding. • Direct a fan on the wet areas to speed evaporative • If a necropsy isn’t possible, document this finding. This cooling. happens when the heat is so extreme that the internal • Offer fresh, cool water if the dog is alert and wants to organs become necrotic. drink. Do not force him to drink. • Look for abnormalities in the body’s rigidity. Permanent

rigidity is unique to heat-related deaths. Dogs also might Investigation and Documentation exhibit rigidity that’s more marked than traditional rigor If you suspect heat-related illness, injury or death: mortis, which remains until the body softens due to • Take the animal’s temperature at the time of contact. decomposition. Document it with written notes and a photograph. • Obtain a weather report for the incident date, including In all cases: the temperature, heat index and humidity. • Obtain statements from witnesses. • Obtain veterinary records. If the dog was left in a vehicle: • Use the totality of the circumstances surrounding the • Immediately document the dog’s temperature and the incident to prove that it was heat-related and rule out temperature inside the vehicle. other causes of death. • Document any physical signs of heat stroke (see list above). Recommended tools: • If in public, obtain video surveillance to document how • Digital thermometer: Use to take the temperature of long the dog was left in the car. living or deceased dogs at the time of contact. • Photograph the condition of the car, including shade, • Digital cooking thermometer/timer: Use the probe to get ventilation, etc. an accurate temperature reading inside the vehicle • Look for signs of attempted escape, including claw marks. without opening the door and letting the air out. A • Immediately take the dog to a veterinarian for magnet on the back allows it to be affixed to the car to examination. photograph, showing that the vehicle temperature was documented properly. Investigating hypothermia in dogs: a guide for law enforcement

Pets left outside in extreme temperatures, especially without If you suspect exposure-related illness appropriate food and shelter, are at risk of hypothermia, or death: frostbite and even death. o Take the animal’s temperature at the time of contact. Document it with written notes and a photograph. Signs of hypothermia: o Obtain a weather report for the incident date, including the o Paleness, lethargy/weakness, excessive whining, decreased temperature and precipitation. respiratory rate o Document any physical signs of hypothermia (see list above). o Frostbite or tissue damage of certain body parts, such as the tail, tips o Document the dog’s physical and living conditions, including shelter of the ears or foot pads (or lack thereof). o Ice on body and limbs o Immediately take the dog to a veterinarian for examination. o Stiff limbs o If the dog perishes, pursue a full necropsy by a veterinarian and o Shivering (note that shivering ceases when the body’s temperature highlight supportive findings, including organ failure. drops below 94ºF) o A body temperature below approximately 101-102.2ºF In all cases: o Obtain statements from witnesses. How to care for dogs with suspected o Obtain veterinary records. hypothermia: o Use the totality of the circumstances surrounding the incident to prove that it was weather-related and rule out other causes o Seek veterinary care as soon as possible, even if the dog appears to of suffering. be improving. While waiting for a veterinarian: • As soon as possible, warm some blankets and wrap the dog in them. Recommended tools: • Fill a water bottle with very hot water, wrap it in a towel and o Digital thermometer: take the temperature of living or deceased place it against dog’s stomach (an unwrapped bottle may burn dogs at the time of contact the skin). o Camera • Offer the dog warmed fluids to drink.

Investigation and documentation Hypothermia, or subnormal body temperature, in otherwise healthy animals typically results from environmental exposure. Debilitated, immobilized and smaller companion animals are extremely susceptible to body heat loss, so it is important to document living conditions and surroundings.

PHOTOS BY LANCE MURPHEY, KENDRA STANLEY-MILLS/AP IMAGES FOR THE HSUS German shepherd drug-sniffing and -tracking dog, was locked inside a police SUV that shut down leaving the dog without air condition- ing. The investigation reportedly found some culpability on the part of the officer. • A Hinds County, Mississippi Sheriff’s De- partment K-9 reportedly died of a heat stroke inside a department vehicle in July of 2018. The K-9 named Dex was said to be Hinds County’s top drug-detecting officer. The 6-year-old dog was left in the running vehicle for about an hour while his handler was reportedly having lunch at a restaurant. Dex, died when the vehicle’s engine failed. It was not equipped with an alarm system. The agency subsequently announced that it would install alarm systems following his death. • A Labrador retriever named Turbo died in South Carolina when the vehicle overheated because the alarm system had been disabled. • A Belgian Malinois named Midas suffered heat stroke in West Virginia after the vehi- ensuring that K-9 partners are better pro- an alarm, paging an officer, attempting to cle’s engine and alarm system failed. He was tected from needless suffering and death. start the car engine, rolling down a win- rushed to the hospital but did not survive. dow, and/or popping open a door. They are It is also important to note that these Temperature can quickly designed to operate independent of the deaths, even if an accident, can have terrible rise to dangerous levels vehicle’s engine as a fail-safe to ensure that consequences for the handlers. in 15 Minutes even if the handler turns off the ignition, the • April 2017, a German shepherd reportedly Vehicles can quickly become deathtraps for alarm system will still work to protect the died after a handler shut off the engine in animals. Temperatures can rise quickly, even dog. The systems must be wired according Florida and left the dog in the patrol care. on mildly warm days. Dogs in particular to the manufacturer’s specifications. When He was reportedly charged with cruelty to are vulnerable because they can only cool wired improperly, dogs have died because animals for the death of his K-9, Diesel. themselves by panting and by sweating the system was inadvertently turned off. But • A handler in Utah whose K-9, Endy, re- through their paw pads. On a 78-degree these are some of the options for depart- portedly died in July 2017 after being left day, the temperature inside a parked car can ments to consider in protecting their K-9 in a vehicle with the engine shut off pleaded soar to between 100 and 120 degrees in just officers. Because of problems with even the no contest to aggravated cruelty to animals. minutes, and on a 90-degree day, the interior best built systems, it is important for K-9 These cases cause great emotional distress temperature can reach as high as 160 degrees handlers to only leave their dogs inside a for the handlers and can result in disci- in less than 10 minutes. Shock sets in as the car for a short time and to the check on the plinary actions or even criminal charges in dog’s internal temperature rises, and death dogs regularly. Making officers aware of some cases. Since many states have specific can occur in just 15 minutes. It is a horrible these and other safeguards can better ensure laws to criminalize leaving animals in warm and terrifying way to die—dogs struggle to that these tragic incidents will be prevented cars, it is particularly important for police escape the vehicle, often salivating profusely, as well as protect an officer from possible departments to lead the way in protecting losing control of their bladder and bowels, criminal prosecution. their own K-9 partners, who work tirelessly and clawing at the car windows so violent- Here are some reported examples of cases to protect our human officers as well as the ly that their paws become bloodied. And from 2017–2018, which illustrate that these community. Advanced vehicle technology remember, this can all happen in only 15 cases are still too common: and better handler education can help pre- minutes in some situations. • German shepherd named Vito died in Detroit vent these tragedies. Let us hope that 2019 Temperature-monitoring, heat-alert alarm after the vehicle’s engine and heat-alert alarm will be a year where no K-9s are lost to a systems as previously mentioned, are avail- system failed. The Detroit police K-9 officer hot vehicle. able through companies such as Radiotronics was put under investigation after his dog died Inc., and Ray Allen Manufacturing. Depend- of heat-related injuries after being left in a hot Sherry Ramsey is a licensed attorney in New York, ing on the model, the devices can respond to vehicle for about 40 minutes. The incident New Jersey, and Virginia as well as an adjunct pro- dangerously high temperatures by sounding occurred on June 26, 2018, when Vito, a fessor at the Seton Hall University School of Law.

SHERIFF & DEPUTY | 2019 SPECIAL ISSUE 31 THE LAW ENFORCEMENT GUIDE: WHAT YOU SHOULD KNOW ABOUT BESTIALITY By M. Jenny Edwards

nimal sex abuse (most often called there are currently 234,000 convicted sex of an animal, but of a child or adult. Children bestiality) is a tough topic. To most offenders under the care, custody, or control under the age of 12 were frequently solicited Aof us it’s just plain gross. But as of U.S. corrections and parole officers, which or manipulated into having sex with a family a law enforcement officer, there’s a good means between 70,000 and 117,000 of them pet or forced to watch a parent or other chance at some point in your career you will have likely made sexy-time with a critter at guardian do so. Many of them were shown run into an incident involving bestiality. And some point. And since about 60 percent of animal pornography as a way of grooming there are several reasons why you should be these sex offenders are out on parole, that them to perform sexual acts. ready for that. puts about 150,000 dogs, horses, and other Brittany Monk and her boyfriend animals at risk of being sexually victimized were arrested for strangling and stabbing It’s rare, but not as at any moment. Monk’s stepfather, and then stuffing him rare as you think into a 55-gallon plastic drum. During the Although not a lot has been written about Bestiality has been linked to investigation, she told detectives the reason just how often people have sex with animals, other forms of sexual abuse they murdered her stepfather was that he research has estimated that as much as 5 Studies have shown that bestiality may be had made her watch animal porn and raped percent of the United States population has related to child sexual abuse or pedophilia. her repeatedly as a child—from the age of 4 either done it or would like to. That’s over In fact, bestiality may be the single largest until she was 15. 16 million people! Studies of convicted sex predictor of future risk to molest a child. In Angelina Tidwell was a teen alcoholic offenders report even higher numbers— a recent study of about 500 bestiality-related and drug user. She met her future husband somewhere between 36 and 50 percent. arrests in the U.S., more than a third of the Glenn, in jail, and when they got out, they According to the Bureau of Justice Statistics, incidents involved not only the sexual abuse moved in together. Glenn was overly strict

32 SHERIFF & DEPUTY | 2019 SPECIAL ISSUE with Angelina’s three kids as well as his sawed-off shotgun with a handmade silencer involves association with peers who encour- own daughter, and by 2002 both Ange- to hunt dozens of deer illegally. Many he age risk taking. When it comes to deviant lina and Glenn had been locked up for killed were pregnant or had just given birth. personalities, the internet makes it extremely child abuse. In 2015, Angelina found an In 2015 he was arrested once again, but this easy for like-minded individuals to find each SD card containing child porn (including time, Livermore admitted he didn’t eat the other whether they are seeking the perfect explicit images of their own daughters), meat, but killed the deer so he could have someone on Match dot com or a deviant which she turned over to local police. sex with them. partner on Beast Forum. But during the investigation, officers Craig Knox was in the process of being discovered images of Angelina having sex Bestiality is often uncovered extradited from Virginia to Pennsylvania with the family dog, as well as evidence during an unrelated on charges of child sexual abuse when he that both Angelina and Glenn had been investigation admitted he struggled with a sexual attrac- sexually abusing the infant daughter of Most investigations into a crime don’t start tion to dogs as well as young boys. During a Angelina’s niece. until the crime has been committed. But search of Knox’ home, officers found videos During an online investigation into child similar to sexual harassment, rape, and even of his male roommate performing oral sex pornography, a male suspect told the under- child sexual abuse, bestiality often goes on one of their many dogs. Other images cover detective his first sexual experience was unreported for a long time before anyone confirmed both Knox and his roommate— masturbating a horse. Next came oral sex gets turned in or caught. Many incidents, in who he met online—regularly had sex with with horses and intercourse with multiple fact, are discovered during investigation into at least two dogs on the property, one of dogs over a period of several years. Just six a completely different matter. which had to be put down due to a severe weeks before being arrested for bestiality, he After a routine traffic stop, Bryce Loftus infection in both the penis and rectum. had sex with a 14-year-old female. and a friend were arrested for transporting Knox was successfully extradited, and the 33 pounds of pot from Colorado with the Pennsylvania investigation ultimately led to Bestiality is often related intention of selling it in Iowa. During a the arrest of five men and one woman who to other criminal or search of Bryce Loftus’ home, officers found had been abusing the same young boy as antisocial behavior evidence that his pot-smoking brother Nich- Knox. Most of the offenders in the group About half of animal sex abusers have a olas regularly had sex with their dog and had met each other through beastforum.com criminal history involving human sexual solicited a female minor online. and other chat rooms catering to deviant offending (32 percent); animal cruelty or Arizona authorities worked for months behavior. bestiality (26 percent); property offenses like to break up a theft ring that had stolen After receiving a tip, officers arrested breaking and entering, trespass, or theft (27 hundreds of thousands of dollars of con- Mark Tooley, who had posted pictures of percent); drugs and alcohol (19 percent); struction equipment across multiple states. himself on Twitter performing a sex act with interpersonal and domestic violence (15 At least three men had already been charged a 2-year-old child. Meanwhile, David Gors percent); or illegal pornography (11 percent). with grand theft auto, weapons possession, was also under investigation for production About 30 percent of animal sex abusers and burglary. During aerial surveillance of and distribution of child porn and soliciting reoffend. a fourth suspect pegged as the ringleader, female minors online. During an interview Gerardo Martinez had a long history of Jacob Blatchford was seen driving to a horse with Gors, he rolled on a woman he met in a DUI and minor assaults. One night he got ranch where he parked, hopped the fence, chatroom who texted him pictures of herself high on meth and attempted to rape a cat. pulled down his pants, and had sex with a having sex with a dog. Crystal Runyan When he was unsuccessful, he threw the cat small pony for several minutes. not only shared the bestiality images, but out a seventh floor window and then mas- Sometimes it isn’t criminal behavior allowed Gors to film her baby granddaugh- turbated in front of the people below. that’s being investigated, but something else ter nude, and shared images of her boyfriend In 2009 Bryan Beal was sentenced to four altogether. Officers were dispatched to Mi- having sex with the same child—the boy- years for possession and distribution of child chael Haimes’ house to do a welfare check. friend turned out to be Mark Tooley. porn. During a parole visit less than a year On arrival, the smell of decomposition was after he got out, the P.O. discovered Beal strong. Haimes was alive but admitted he Animal erotica and was having sex with his dog and once again had sodomized a dog and when it started pornography play a role collecting child porn. bleeding, he stabbed it, cut its throat, and Animal sex offenders often film themselves Ronald Livermore was an avid deer tossed it in the bushes. or others during sex acts and may also collect hunter—but not for the usual reasons. He animal porn or images involving child sexual was first caught poaching deer in 2005 and One offender often abuse or sadomasochism. Although the re- served two days for hunting out of season. leads to another sults are inconclusive, some studies indicate By 2008 game wardens had labeled him a We don’t really know what causes someone that animal porn may be a gateway to con- “serial deer killer” after investigation revealed to be sexually interested in animals. Some tact offending, or at the very least, viewers of Livermore was using a night scope and a studies have shown that risky behavior often animal porn also look at child porn. In one

SHERIFF & DEPUTY | 2019 SPECIAL ISSUE 33 U.S. study for example, researchers found specific can result in loopholes that affect the different group of experts, and a whole new set that people who collect child porn were kind of charges that can be laid or success- of laws. more likely to collect animal porn; people fully prosecuted. Investigation of human sexual assaults who collect animal porn were also likely to In California, Willie Smith appealed a generally follow a predictable pattern— collect child porn; and in a review of 174 ar- conviction for sodomy after having inter- the victim or a witness files a complaint; rests in one British community, a whopping course with a dog. The basis for appeal was suspects are identified and interviewed; 93 percent of the men charged with posses- that sodomy was generally taken to mean DNA and other evidence is collected; and sion of “extreme” porn (images that appear anal or oral sex between same-gender hu- the perp is charged with something related life-threatening or involve genital torture/ mans, and Smith’s partner was a female dog to unwanted sex with someone else. When mutilation) also collected animal porn. that was penetrated vaginally. an animal is the victim, the act is seldom A word about anime or drawn images: In Michigan, Alexander Carrier and witnessed by anyone; the victim can’t tell An unknown number of animal sex abusers another man assaulted and tortured a third you what happened; injury may not be collect erotic or pornographic anime. Anime man who had befriended Carrier’s former apparent; there are no animal rape kits; and is a style of Japanese film and television ani- girlfriend. They beat him up, made him strip, despite your personal feelings, depending mation also found in story book form called attached battery cables to his penis and peed on how your jurisdiction defines bestiality, manga. Anime depictions are frequently on him. Then they threatened to cut off his you may have a lot of trouble proving a childlike or animallike characters in everyday penis unless he fellated a German shepherd. crime was even committed. or fantasy situations (for example, Pokémon Carrier appealed a bestiality conviction on or My Little Pony), but a pornographic form the basis that the law required penetration Detection and investigation depicts child-like characters being raped. of an animal by the offender, and it was the The first thing that needs to be said is this: Although possession of pornographic anime victim who fellated the dog. If someone reports suspected bestiality, take is seldom prosecuted, at least two collections In Wisconsin, Sterling Rachwal was it seriously. Bestiality is often reported by a involving animal characters raping child repeatedly locked up or institutionalized for relative, friend, or roommate of the suspect characters have been adjudicated successfully aggravated sexual assault of horses. In one who may have witnessed the act but may under federal law 18 U.S.C. § 1466A(a)(1). incident he raped a pony then tied it over not tell you that. Treat the report as an act a fence and shoved a broom handle in its of suspected sexual assault just as you would Bestiality laws may be rectum. In another incident he raped two a report of rape or child sexual abuse. Some confusing or have loopholes pregnant mares and cut the nipples off a responsible persons have been told that the If you’ve ever worked an animal case, you third. Several horses over the years had to incident won’t be investigated unless law already know that there are specific laws re- be euthanized after violent sexual assaults enforcement can catch the suspect in the act, lating to animal abuse or neglect, including by Rachwal, yet none of the arrests resulted or until the animal has been significantly who has the power to seize an animal or in felony convictions because Wisconsin injured. In a few instances, the responsible arrest an abuser. When it comes to animal law considers bestiality a misdemeanor. person has been openly laughed at. sexual abuse as a form of cruelty, the laws Adding insult to injury (and death), Rachwal The second thing is this: Statistically, are even more specialized, and you may not successfully appealed at least one conviction most bestiality arrests are the result of find them in the codes relating to animal because Wisconsin law defines bestiality as undercover investigations into child sexual law at all. an act of sexual gratification involving the abuse or pornography, or are the byproduct There is wide variability in how bestiality sex organ of a person with the mouth, geni- of another arrest (e.g. for drugs, domestic laws are written and enforced across the tals, or anus of an animal. Sterling had used violence, or trespass). Next to a witness, your U.S., and not every state has one. Although his fist to rape the horse. best evidence may be a digital image in a attitudes are changing, animals have tradi- nondescript room where the only identifying tionally been thought of as property, and in It’s not your normal mark is a partial tattoo. sixteen U.S. states, laws prohibiting bestiality investigation are housed in the animal cruelty codes. In The goal of every criminal investigation is Warrants and evidence collection the remaining states with laws, bestiality is to study the facts and find the evidence that The single biggest difference in processing considered a sexual assault or a crime against confirms whether a crime has been committed bestiality cases is that you may be collect- public morals. In 23 states, a violation of the and by whom. Investigating and prosecut- ing evidence that is live, injured, or dead. law is a misdemeanor with penalties ranging ing animal sex abuse is more like working a Something to consider is who or what is from 30 days to 18 months. In the remain- child sexual abuse or rape case than it is like required to seize the animal. In most states, ing states bestiality is a felony with penalties responding to suspected animal cruelty where animal control officers have that authority, ranging from 5 months to 20 years. More an animal has been neglected, abandoned, or and you may or may not need a separate problematic that how bestiality laws are otherwise abused. When it comes to animal warrant to remove animals or other evidence. codified is the definition of what bestiality sex abuse cases, you’ll be dealing with live In any event, you should always remove all entails. A law that is too general or too evidence, a victim who can’t talk, a completely animals from the property. It’s not unusual

34 SHERIFF & DEPUTY | 2019 SPECIAL ISSUE for offenders to have sex with multiple ani- mals or even multiple types of animals (e.g. horses as well as dogs). Animal victims should be photographed and preferably examined at least briefly before being removed from the scene. Don’t wait until you have a case to get to know your animal welfare and control counterpart or have on hand the names of one or more veterinarians. Note that most vets do not have a general practice; instead, they tend to specialize in small animals (e.g. dogs and cats), large animals (horses, cattle, farm animals), or specialty/ exotics (e.g. birds or reptiles). The main thing you are looking for is evidence of injury or semen—on the animal or the suspect. Regular rape kits can be used to collect DNA, although the processing laboratory may be different. Provide the vet with a rape kit and other evidence collection materials that may be important. If you do not have access to a rape kit, you can use sterile swabs sealed in a bag and labeled as you would any other crime scene evidence. Some offenders provide medical treat- ment for their animals rather than risk exposure by a veterinarian or other service provider, so keep an eye out for drugs that seem out of place or are mislabeled—in particular Viagra, Tramadol, and Fish Mox (which can be used as an antibiotic for other animals). You might also observe “training” aids such as anal beads or butt plugs, or restraints such as unusual harness- es or breeding stands. their protocols may be. If the animal is your The bottom line Other evidence that may be important is primary source of evidence, be sure to go over There is no single profile of an animal sex animal erotica or pornography. In addition chain of custody rules with any animal control offender. They come in all shapes, sizes, to checking cellphones and computers, you’ll officer, veterinarian, or shelter manager who genders, and races. They range in age from want access to social media or other online may become important in your case. preteen to the surprisingly elderly. Some are sites. Always get a warrant to search comput- Ask to preview the vet’s report before it is really pedophiles in disguise; others have ers, cellphones, cameras, and digital media finalized to understand any terms that may never had sex with a person. Some are sub- and remember that some states have statutes confusing or unfamiliar. A classic example is stance abusers who commit an outrageous of limitations on videos. NSF which has nothing to do with bank ac- act at a party that they would never think of counts and means “no significant findings” or doing while sober. Expert witnesses and DUDE which doesn’t indicate the animal’s The bottom line is that it happens more their reports gender and stands for defecating, urinating, often in more places than most people Seized animals typically go to an animal drinking, and eating. realize, and it’s something you should know shelter or veterinarian where they are exam- A final note about terminology—animal about before it happens on your watch. ined for evidence of physical injury. Once at gender and body parts are not called the the shelter, most states have laws relating to same thing as human gender or body parts. M. Jenny Edwards is a criminologist and a subject how long they can be held as evidence before For example, a female horse may be a mare, matter expert on animal sexual abuse. they are euthanized or placed for adop- but a female dog is a bitch. When in doubt, tion—be sure you know what those rules or ask a veterinarian.

SHERIFF & DEPUTY | 2019 SPECIAL ISSUE 35 BEST PRACTICES IN ANIMAL CRUELTY INVESTIGATIONS By April Doherty and Martha Smith-Blackmore

ecently, Roll Call Training videos to prove, especially with the involvement the matter. Photos should always be taken covering topics in animal abuse were of a veterinarian to document injuries to an from multiple angles, even if Crime Lab is Rreleased by the Humane Society of animal. not available or able to respond. Another the United States (HSUS) in collaboration good practice is to also take photos, even with the National Sheriffs’ Association. The Investigation if Animal Control takes the animal(s). videos are the perfect length for roll call and Best practices for animal cruelty investiga- Different perspectives can certainly provide cover some of the vital steps for when law tions allow the facts of an incident to tell a alternative details in the investigation. enforcement officers (LEOs) respond to a story. Remember from grade school, “Who? Photos should be taken of the environ- call for animal cruelty or dogfighting. What? Where? When? Why? How?” Just ment where the animal was kept or found. When responding to a scene, it is import- like any investigation, these are the questions Specifically, photos of particular injuries ant to consider that animal cruelty may not that should be considered. The crime scene should be taken in a series of three: an over- be the primary reason for the call. In plain for an investigation involving animals should all picture of the animal, a closer regional view, the LEO may observe a dog in a crate not be treated any differently, even when photo to show in context where the injury filled with feces when they respond for an there is a deceased animal. Questioning is on the animal, and then a close up of the eviction. They could even respond to a call should carefully establish timelines of who injury itself. for arson where the dog was stabbed and did what and when. This will often refute Animal Control should be contacted in burned by the suspect, similar to what could the stories that suspects may tell to justify an order to take possession of the “evidence” also be seen in a murder case. animal’s condition. For instance, an animal as animals are still considered property. Most frequently, LEOs will respond to a cannot become emaciated overnight or even Oftentimes, a property inventory sheet can call of domestic violence where the victim no over a weekend. Attempting to dispel the be completed for the animal and then the longer wishes to cooperate, but the children suspect’s statement that the dog wouldn’t animal control officer can sign and take cus- in the home say that “Daddy hits ‘Chloe,’ eat food, or even asking the suspect which tody so that chain of custody is also main- [the dog] and Mommy too.” This is certainly veterinarian they have taken the animal to in tained. It is also essential that a veterinarian common and an ongoing issue throughout the past is important. Subpoenaing medical examine the animal and document any the United States. records for the animal often can reveal the information that is necessary to prove the Examples such as these are important for truth of the suspect’s story too. case. Providing the veterinarian with a copy law enforcement to be familiar with, espe- One of the advantages for law enforce- of the police report, a verbal communication cially because animals can be used as a “tool,” ment is that since animal cruelty often of what happened, and/or an opportunity to or a launching point for investigations. effects the community, neighbors and view scene photos is helpful for their exam Throughout the U.S., pets are considered witnesses are more than willing to provide as well. part of the family, and how they are treated written statements, information about the reflects how other members of the family incident, and are even willing to come to Veterinary forensics may be treated. court (often multiple times). Interviewing Not all veterinarians are familiar with or Consider this: In the U.S., it is more the witness who says that they had no clue comfortable with the process of document- common for a child to grow up with a pet that the suspect had any pets adds to the ing an animal’s condition for the purposes than two parents in the home. By asking investigation, especially when the house is of a criminal investigation (“veterinary questions about the pets, rapport can be covered in feces and there is no sign of an forensics”). The investigator can reassure the developed with the victims and in the course animal in the yard. veterinarian that the principles of the exam of conversation about the pets, they may are exactly the same, however, recording provide key information about other family Photos: The best evidence information in the medical record may need dynamics. Recognizing the role of pets in A picture is worth a thousand words and to be more detailed than they are used to the family does not require that an LEO is is some of the best possible evidence in the doing. Asking even obvious questions may an animal lover. Rather, there should be a investigation, especially when the animal can be helpful, such as “is this condition painful willingness to consider that the pet is con- be rehabilitated. When a suspect provides for the animal?” If a veterinarian describes sidered a part of the family, and an intention a defense claiming it wasn’t their fault the the animal as being in pain, or would have to use that information to the benefit of an animal was in the condition observed, the been in pain prior to death, ask them to investigation. Additionally, in some situa- photos from the scene compared to ten and articulate their reasons for believing that to tions, crimes against animals may be easier thirty days later can reveal the stark truth in be the case. Then encourage them to write

36 SHERIFF & DEPUTY | 2019 SPECIAL ISSUE their findings in the medical record (based better visualize bruising and other injuries. is a crime that can be associated with other on the animal’s behavior, response to pain Gunshot wounds are a special exception to crimes against people. While the associated medication, or the veterinarian’s knowledge the advice to shave as gunshot residue may crimes may not always be present, there is of similar conditions). be present in the fur around the wounds. a high likelihood that they do exist. There It is well known that the personality type If your department works regularly are times when the Link is apparent—for of veterinarians means that they are conflict with a particular veterinarian or veterinary instance, a child was raised in a home where averse, and this can translate to a reluctance to practice, you can encourage them to learn Mom’s boyfriend beat Mom and son. The assist in a legal investigation. Some veter- more about veterinary forensics. Being a son becomes an abuser of his girlfriends, inarians may feel uncomfortable playing a relatively new field, many veterinarians and eventually shoots and kills the family role in the criminal justice process. Reassure may be unaware of the resources that are dog and later sexually assaults the girlfriend a veterinarian that they are not responsible available to them to help do a good job when she breaks up with him. The levels of for determining anyone’s guilt or innocence, documenting a case. There are several unchecked violence can escalate. The pres- rather their job is to carefully document the veterinary forensics textbooks; many veter- ence of animal abuse doesn’t always dictate animal’s condition. You may want them to inary conferences present continuing edu- that an individual will become a serial killer, express whether there could be an innocent cation lectures and there is an organization but there is that possibility. It is important explanation for the animal’s condition, but the they can join, the International Veterinary to ensure that crimes against animals and veterinarian has no role in determining who Forensic Sciences Association, where they crimes where an animal could also be a vic- did what—that is up to the investigation. can find more resources to help. tim are investigated and treated as any other The American Veterinary Medical Asso- crime scene. ciation has a useful publication, “Practical Law enforcement and the Link The Department of Justice has designated Guidance for the Effective Response by Animal cruelty and dogfighting are illegal in animal cruelty as a crime against society. Veterinarians to Suspected Animal Cruelty, all 50 states; however, many law enforcement This is because wherever animals are at risk Abuse and Neglect” that is free to download officers are unfamiliar with the statutes or of harm, so are people. We encourage you from their website, and it can be very helpful crimes as they may not be a requirement to view and share the roll call videos to help for the first time or reluctant veterinarian for new recruits when graduating from improve animal and human protection. faced with documenting suspicious injuries the Academy. It is also possible that some or conditions. In the deceased patient, full LEOs may believe that all matters involving April Doherty is a paralegal at the Baltimore body radiographs (X-rays) should be taken animals should be handled by animal control County (Maryland) State’s Attorney’s Office. Martha if possible, and the animal should be shaved agencies. It is important to always remember Smith-Blackmore is DVM at Forensic Veterinary prior to the postmortem exam in order to the “Link”—the theory that animal cruelty Investigations, LLC.

SHERIFF & DEPUTY | 2019 SPECIAL ISSUE 37 LAW ENFORCEMENT ENCOUNTERS WITH DOGS By Jim Crosby

s we look at the questions of animal cruelty and abuse in this special Aissue of Sheriff & Deputy, we are examining the place of law enforcement officers—our deputies—as protectors of animals. Yet the public perceives us at times as potential threats to their pets. Negative public perception is starkly illustrated when law enforcement is involved in deploying deadly force to a companion ani- mal. Dog shooting cases place our officers and agencies under the microscope, sometimes even more so than when a human is shot. Consequences of a clearly unjustified, or even questionable shooting can be profound. The experience of Chester County (Penn- sylvania) Sheriff Carolyn “Bunny” illustrates the extent to which a department’s reputa- tion can be impacted. There was a dog shooting that got tremendous social media attention. Respon- sibility for the shooting was erroneously attributed to the Chester County Sheriff ’s Office (CCSO). It wasn’t her agency that was involved with the shooting—the names produced cases that had awards of $1.26 deputies the strength of guidance, while of the agencies were similar, but in different million and $620,000. Although agency supporting their ability to make decisions places. Yet, Sheriff Welsh and her staff were and municipal liability insurance may cover “…without the benefit of 20/20 hindsight.” quickly overwhelmed by emails, angry social the majority of the awards for the agencies, The policy needs to explain the options media posts, phone calls, and professional recent decisions have exposed individual present for deputies when dealing with media requests. Sheriff Welsh, her deputies, deputies to personal liability by way of deny- domestic animals—particularly dogs. Policy and her family were threatened. CCSO had ing qualified immunity. should be clear and practically applicable. to shut down its social media presence, and This is not a story of doom and gloom. Model policies are available from nation- Sheriff Welsh had to spend time and emo- There are positive actions that agencies can, al sources, including within the National tional energy trying to correct the improper and do, take to help protect their deputies, Sheriffs’ Association (NSA) Toolkit for Law identification while maintaining a profes- their reputations, and the animals deputies Enforcement. sional presence and not throwing the other come into contact with every day. Policy is not enough. The second step agency ‘under the bus.’ This took time and The first action agency heads can imple- comes from you, the leader of your agen- effort away from other substantial issues, and ment quickly is establishing clear policy re- cy. Direction and consistency comes from affected the agency’s reputation and relation- garding the use of lethal force, less-than and the top, and your actions and directions ship with their constituents, even though non-lethal force in animal encounters. Many will guide your deputies. This includes a they weren’t the responsible agency. agencies have no clear policy, and without commitment to effectively, completely, and Beyond appearances and reputation, clear policy, your deputies have to proceed in professionally investigate and evaluate every shooting companion animals has financial what may be conflicting currents without a deployment of deadly force. It also includes ramifications. In the precedent-setting case rudder. Some members of the public think examining those situations where deputies Hell’s Angels v San Jose Police, the final award all animals must be saved all of the time, used other than lethal means and sharing approached two million dollars after attor- without regard to the risk to personnel and those successful strategies with co-workers. neys’ fees and damages. More recently the others, while other residents (and agencies) The final link is training. Training does city of Commerce City, Colorado paid a set- are more casual since they are just dogs. not mean simply telling officers what they tlement of $262,500 in addition to $125,000 Clear policy that gives direction and allows should do, especially in situations that can for shooting a single dog, and Maryland has discretion in emerging circumstances gives rapidly go from calm to chaos. We recognize

38 SHERIFF & DEPUTY | 2019 SPECIAL ISSUE that proper, reasonable response to human • Does the trainer have bona fide law en- conflict takes dedicated training and regular forcement credentials and experience? refreshing. Techniques, tools, and strategies • Does the trainer have command to keep officers safe require regular practice experience? because they require actions and reactions that • Does the trainer have use of force happen in an instant. review experience? Canine encounters present many of the • Is the trainer a court-accepted expert? same risks and needs for rapid evaluation, • Is the training based in current civil decision-making, and action. We are past the and criminal law? days of considering shooting a dog the same • Are the dog behavior principals used as a discharge into a piece of property. Own- based on current behavioral science? ers more often consider dogs as members of Use of force standards have long existed their families, and the courts are assessing regarding human interactions. Deputies are emotional and companionship value to pets. trained, retrained, refreshed, and have those As in any use of force case, your agency standards drilled into their decision-making has a level of responsibility for the actions process throughout their careers. In canine of your members. Has your agency met its encounters, we are not introducing foreign, responsibilities? uncomfortable processes and procedures. bility to conduct a full, transparent investi- In civil cases, we see four major fronts on Instead, the best training uses the foundation gation. The effort and time spent in doing so which court decisions are being made: of your staff ’s existing training and simply ex- will be far outweighed by the ability to clear- 1. Is there competent training in place pands the application within familiar bounds. ly and logically defend your deputies when that reflects clear policy? Coupled with policy and training, there is they are right—and to correct deficiencies 2. Are your deputies prepared for emer- one more essential element to meeting your when they happen. gent situations, and are they trained to agency’s responsibility: accountability. We Negative encounters can also be instruc- see cues and indicators that give them are not racing to place blame, but we must tive for the public and helpful to pets. Once time to react as safely and reasonably keep officers accountable. an investigation is complete, be prepared to as possible? Lastly, when (not if) an incident occurs, use the facts gathered to recognize poten- 3. Are your deputies planning for en- we must interact with the media. Your tial failures of both the deputy and the dog counters in known situations, and are interaction will color the presentation and owner. Either may bear some responsibility. they including the tools and tech- perception of a negative encounter, and may Don’t try to deflect blame, but couch your niques provided in their plans? help you illuminate a positive encounter. findings in a positive atmosphere of learning. 4. Are your deputies adequately equipped Points to consider in media interaction Recognize needs for remediation or edu- with tools to handle canine encounters • Avoid a defensive mentality. cation and explain. Use teaching points to with other than lethal force? • Don’t “circle the wagons.” Get out in explain to the public how they can help you These issues all reflect directly back on front with considered and conservative keep their dogs safe. your agency and on you as its leader. Failure statements that let the public know Deputy versus dog encounters can hold to address these responsibilities is no longer you take this seriously. danger for the deputy, the dog, and other a matter of convenience—it is a matter of • Communicate clearly so that non-law humans. Injuries happen, and lives can be cost vs. investment, both in dollars and in enforcement officers can understand at stake. Your agency’s reputation, and its community trust. We cannot prevent spuri- the basis for decisions. Use less jargon, pocketbook, can be seriously affected if your ous legal actions, but we can arm ourselves avoiding “cop-ese.” personnel are not equipped and trained. with knowledge and skills that keep our • Don’t just default to “afraid for their Law enforcement–dog encounter training deputies and the public safe while establish- lives”—explain how. Many people has become an essential part of the overall ing a standard of reasonableness that helps do not fear dogs and are unwilling standards that our profession requires. Bring protect our reputations and our budget lines. to simply accept a general statement your agency onboard and fulfill your re- Training must be competent and meet detailing an unspecified threat. sponsibilities before the court has to impose the standards required by the courts, the When an incident occurs, you must be those actions on you. legislature, and professional associations, seen as taking the incident seriously. Any such as NSA, and it must fulfill our own perception of a negative encounter as “just Jim Crosby is a certified behavior consultant pursuit of excellence. Factors to consider in a dog” leaves your agency playing character and recognized expert in canine behavior, dog training include: catch-up from the start. Pets are not “just bites and attacks, and shelter management and • Is the trainer or provider certified, ed- animals” to many of your constituents, and operations. He is a retired police lieutenant from ucated, and/or qualified by recognized as we mentioned before, they are growing in Jacksonville, Florida, and former Director of Bay authority? value to the courts. We have a clear responsi- County (Florida) Animal Control.

SHERIFF & DEPUTY | 2019 SPECIAL ISSUE 39 LEGAL CONSIDERATIONS IN LAW ENFORCEMENT–DOG ENCOUNTERS By Chelsea Rider

Legal analysis of civil rights claims related to law enforcement–dog encounters 1. Citizens have a Fourth Amendment right to be secure in their “persons, houses, papers, and effects” free from unreasonable searches and seizures. 2. The term “effects” includes an individual’s person property. See United States v. Place, 462 U.S. 696, 701 (1983). 3. A seizure occurs when there has been “some meaningful interference with an individ- ual’s possessory interests in that property.” United States v. Jacobsen, 466 U.S. 109, 113 (1984). 4. The destruction of one’s property is a most favorable to the party asserting the Battle Creek Police Department, virtually “meaningful interference.” Jacobsen at 124- injury, do the facts alleged show the officer’s every other circuit court has ruled that the 25. conduct violated a constitutional right?” If unreasonable killing of a dog is a violation 5. Therefore, the destruction of an individual’s there was no violation, the analysis ends and of the Fourth Amendment’s protection of property is a seizure of that property. the individual’s claim against the officer fails. personal property, which establishes the 6. Dogs are property that can be seized under However, if there was a violation, the courts Fourth Amendment right to not have one’s the Fourth Amendment. must then determine whether that right was dog(s) unreasonably seized. 7. Therefore, the destruction—which includes clearly established. causing either bodily injury or death—of This leads to another analysis into Relevant Legal Decisions a companion animal by a government offi- whether the right was clearly established. In Fuller v. Vines, 36 F.3d 65 (9th cial constitutes a seizure under the Fourth Anderson v. Creighton, the Supreme Court Cir. 1994)—Is the killing of a Amendment. See Fuller v. Vines, 36 F.3d said, “The contours of the right must be suf- dog a seizure under the Fourth 65, 68 (9th Cir. 1994). ficiently clear that a reasonable official would Amendment? This does not mean such actions are understand that what he is doing violates This 1994 case is one of the first cases that automatically constitutional violations. Civil that right.” In other words, would it be clear set out to answer the question of whether rights cases based on law enforcement– to a reasonable officer in a similar situation the shooting of a dog by a police officer is a dog encounters typically revolve around that his actions are unlawful? Is there some- violation of the Fourth Amendment right determining whether the law enforcement thing—a law or court case, for example— against unreasonable searches and seizures. officer’s actions are unreasonable, which that serve to put officers on notice regarding The Court reiterated the ruling in United would then constitute a violation of the the reasonableness of certain actions? The States v. Jacobsen that a seizure happens owner’s Fourth Amendment rights and sub- burden is on the plaintiffs to show that the when there is “meaningful interference in jecting the officer, his/her agency, and other defendants are not entitled to the protection the possessory interests in that property,” government entities to civil liability under of qualified immunity. and further, the destruction of property is a 42 U.S.C. § 1983. In the area of law enforcement–dog meaningful interference, and thus a seizure encounters, the qualified immunity analysis under the Fourth Amendment. The Court Of note: Qualified immunity typically looks like this: Was the shooting then stated that since a dog is considered The legal doctrine of qualified immunity is of the dog an unreasonable seizure under the property of his or her owner, the shoot- commonly raised by law enforcement officers the Fourth Amendment, and, if so, has it ing of a dog is a legally actionable seizure as a defense to civil rights claims that their been clearly established that citizens enjoy under the terms of the Fourth Amendment actions violated an individual’s constitutional Fourth Amendment protection from having that may or may not be a constitutional rights. Under this doctrine, courts must first their dogs unreasonably seized? As noted violation based on the reasonableness of the determine whether, “[t]aken in the light in by the Sixth Circuit Court in Brown v. officers involved.

40 SHERIFF & DEPUTY | 2019 SPECIAL ISSUE Brown v. Muhlenberg Township, Brown v. Battle Creek Police 269 F.3d 205 (3rd Cir. 2001)— Department, 844 F.3d 556 (6th Is the Killing of a companion Cir. 2016) animal a seizure protected by This 2016 Michigan case garnered nation- the Fourth Amendment? al attention, as many read the opinion to In the 2001 case, Brown V. Muhlenberg permit law enforcement officers to now Township, the Third Circuit grapples with shoot dogs merely for barking. This is more the issue of whether the killing of a com- because of how the case was reported, and panion animal is a permissible seizure by a not so much how the Court ruled. government official—namely, a law enforce- The Court ruled in three parts. First, it ment officer. made clear that since dogs are considered The Third Circuit said that “the state’s property under the law, the killing of a dog interest in protecting life and property may is a violation of the Fourth Amendment’s be implicated when there is reason to believe protection against unreasonable seizure if the the pet poses an imminent danger.... This officer’s use of force is unreasonable. It also does not mean, however, that the state may, quoted a 7th Circuit case that outlined the consistent with the Fourth Amendment, standard in determining reasonableness in the nature and quality of the intrusion on destroy a pet when it poses no immediate these situations: “[T]he use of deadly force the individual’s Fourth Amendment interests danger and the owner is looking on.” Brown, against a household pet is reasonable only if against the importance of the governmen- 269 F.3d 205, 210-11. the pet poses an [imminent] danger and the tal interest alleged to justify the intrusion’ use of force is unavoidable.” and determine whether the totality of the San Jose Charter of the Hells The second part of the Court’s analysis circumstances justified [the] particular sort Angels Motorcycle Club v. is important. Defendants claimed that even of ... seizure.” The Court’s next move was to San Jose, 402 F.3d 962 (9th if their use of force against the dogs was a determine whether the two dogs posed an Cir. 2005)—Denial of qualified violation of a constitutional right, that right imminent threat to the officers on the scene. immunity for the unlawful was not clearly established, entitling them to While many pundits claim the ruling meant seizure of dogs killed by law qualified immunity. While no legal decision that simply barking and moving presented enforcement officers was made by either the U.S. Supreme Court an imminent threat to law enforcement This 2005 civil rights case stems from a or the Sixth Circuit Court itself, it noted officers justifying the use of lethal force, multi-resident search warrant execution in that every other Circuit Court, as well as a the ruling was actually more detailed than January 1998 and is considered one of the district court within the Sixth Circuit, has that. Said the Court: “[T]he officers here first and most important legal decisions ruled that the unreasonable killing of a dog confronted two large pit bulls for the first regarding law enforcement–dog encoun- is a violation of the Fourth Amendment’s time in an unsupervised environment where ters. At the end of court proceedings, the protection of personal property. Thus, at they were unleashed and in an enclosed plaintiffs settled with various defendants the time of the dogs’ deaths, this right was space with the officers. Given Jones’ criminal for over $1.8 million dollars. To date, the clearly established and officers would not history, gang affiliations, the types of drugs Hells Angels’ settlement is the largest award be protected by qualified immunity if their he was suspected of distributing, the fact received for the killing of a dog by a law actions were found to be unreasonable. that the officers had no time to plan for the enforcement officer. It is the third part of the analysis—the dogs, in addition to the officers’ unrebutted Upon analysis, the Court determined the determination of the reasonableness of the testimony that the dogs either lunged or seizure of the three dogs was unreasonable Battle Creek Police Department Emergency were barking aggressively at the officers, the and a violation of the Fourth Amendment. Response Team Officers—that is key to nature and size of the dogs, the fact that the The Court noted the significant role dogs this Court’s ruling. The analysis starts off dogs were unleashed and loose in a small play in American families: “The emotional with the standard of review, which the Sixth residence, all culminate into a finding that attachment to a family’s dog is not compa- Circuit extracted from a D.C. Circuit ruling: the officers acted reasonably when they shot rable to a possessory interest in furniture.” “[W]e analyze [the] question [of whether and killed the two dogs.” The Court pointed to the San Jose Police a pet constitutes an imminent threat] from Officers’ lack of planning given the time to the perspective of a reasonable officer on Chelsea Rider received her Juris Doctor from do so as the most important factor in deter- the scene, rather than with the 20/20 vision Michigan State University in 2015. She has been mining the reasonableness of their actions of hindsight.” Additionally, the determi- with the National Law Enforcement Center on saying, “Despite a week to plan for the entry, nation must take into account the use of Animal Abuse since her graduation. Her research the officers developed no realistic plan other force standard common to law enforcement focuses primarily on legal issues in animal welfare, than shooting the dogs while serving the that was outlined in the landmark Supreme specifically connected to law enforcement’s role in search warrants.” Court case, Tennessee v. Garner: “[B]alance animal cruelty cases.

SHERIFF & DEPUTY | 2019 SPECIAL ISSUE 41 PREPARING FOR PETS By Adam J. Ricci

t should come to no surprise that the response that takes you on to the property or popularity of pet ownerships throughout in a residence in the community you serve. Ithe United States continues to increase. If you do not already, you can reasonably According to the 1988 APPA National Pet expect to see some form of pet or “fluffy” Owners Survey showed that 56 percent throughout your community. of households owned at least one pet. In This is most vital when your community the most recent survey conducted from faces a disaster or other community-af- 2017–2018 showed that 68 percent of U.S. fected emergency. This was made evident households or 84.6 million homes owned after hurricane Katrina devastated the gulf at least one pet. This includes a number coast in 2005. In 2006, the Pets Evacuation of different species to include birds, cats, and Transportation Act, or PETS Act, was dogs, horses, fish, reptiles and small animals. passed through bipartisan efforts. This act (American Pet Products Association, 2018) was created to ensure that both local and to include plans for domestic animals or It is estimated that nearly 400 million state governments included emergency household pets, livestock, exotic animals, pets are owned throughout the U.S. result- preparedness operational plans to address and even wildlife. (NACA, 2014) It is also ing in a projected 72 billion-dollar industry household pets and service animals after a recommended that jurisdictions include for 2018. major incident. (White House, 2006) their local animal protection or control This illustrates two very important aspects The National Animal Care and Con- agencies and animal shelters (if separate) of pet ownership; people really care for their trol Association (NACA) recommends in their response planning. It is important pets and there are many pets in our country. that when developing a disaster response to identify now who will be responsible As first responders, this is so incredi- plan that a number of different types of for each type of animal. Your local animal bly important to know when engaging in animals be included in planning. This needs control officer may not be knowledgeable or

42 SHERIFF & DEPUTY | 2019 SPECIAL ISSUE ANIMAL CONTROL OFFICERS MAKE FOUR TIMES THE PUBLIC CONTACT OF OTHER LAW ENFORCEMENT OFFICERS 4 TIMES THE EXPOSURE = 4 TIMES THE LIABILITY. Training Programs Available:

• NACA ACO Certification • National Animal Control and Humane Officer (NACHO) Training Academy • Basic Catchpole Training • Chemical Immobilization • Euthaniasia Workshop The National Animal Care and Control Association’s specialized training generates: • Improved Service: Service is improved when an employee is trained to know what to do and how to do it correctly. Dealing with the public is one of the most difficult responsibilities an employee can be assigned. An untrained employee can be an embarrassment and a liability. • Enhanced Image: A well trained employee will display the proper image because they have learned what image is and understand its necessity and usefulness. • Reduced Liability: Deputy Sheriffs and Police Officers make numerous public contacts during their shifts, but Animal Control Officers make four times as many contacts during the same time period. Result: 4 times the exposure equals 4 times the possible liability. • Increased Efficiency and Effectiveness: An effective program is no accident. No program was ever successful without well trained personnel. Personnel cannot be held accountable for making mistakes if they have not been instructed on what they are to do and trained how to do it properly.

NACANET.ORG The National Animal Care & Control Association (NACA) was formed in 1978 for the express purpose of assisting its members in performing their duties in a professional manner. One method of accomplishing this goal is to make personnel training programs available. This training must be designed to prepare animal control personnel for the challenges of solving the animal/people problems in today’s world. nacanet.org equipped to deal with wildlife and exotics such as animals found in your local zoo, aquarium or sanctuary. Through the Federal Emergency Man- agement Agency (FEMA) a number of type resources have been identified to assist with animals affected during a disaster. Such responders and teams should be iden- tified, trained and included in the response plan development. The type resources will aid in identifying response capabili- ties for both needs and gaps in planning or responding to an incident. The type resourcing includes but not limited to the following: animal search and rescue, animal control or humane officer, decontamination, veterinarian, and teams to aid with shelter- ing, care, and reunification. pets at any given time throughout the year. perative that animal control and shelters are Far too often there are assumptions Space is a commodity that is not readily brought in to the conversation, assist with to the response capabilities of your local available in animal sheltering. planning and receive training comparable animal control agency. Many of these Care has to be given to animals affect- to that of first responders. They are the ones agencies lack funding and training for ed from a disaster, another resource your best prepared for field capture, sheltering even the smallest of responses. Many times community may not be prepared to provide. and reunification of pets with their owners. gaps can be closed by including animal It is recommended that when planning Honestly, that is what they do every single control in trainings held by law enforce- human shelters that locations be identified day. Any time a section of your commu- ment, fire, and rescue. Specific training can that will allow for co-sheltering or even nity is affected, pets and other animals are be obtained through organizations associ- co-housing if applicable. This will allow affected as well. ated with the National Animal Rescue and those affected by the incident to provide In animal welfare, there is a saying, “by Shelter Coalition (NARSC). care for their own pets. It will also allow helping people, you help pets. By helping NARSC is comprised of a number of others affected by the incident to become pets, you help people.” Helping people and national organizations to include the Amer- involved in providing care and sheltering pets needs to no longer be separated and ican Society for the Prevention of Cruelty services to assist throughout the time they should be seen as one in the same. to Animals (ASPCA), American Veterinary are affected. Medical Association (AVMA), Association Stepping back to discuss animal shelters. Adam J. Ricci is vice president of National Animal of Zoos and Aquariums, NACA, and many Does your community have a plan in place Care and Control Association and Chief of Field others. At this time only a fraction of the for an incident in which your local animal Operations for the City of Albuquerque Animal states in the U.S. have entered into memo- shelter is affected? Looking at the City of Welfare Department. randums of understanding with NARSC. Albuquerque, as many as 1,000 pets may Developing memorandums with such need to be evacuated and sheltered in a References: organizations, either through NARSC or different location. Many of those pets are “Pet Industry Market Size & Ownership through the individual organizations, will currently under medical observations for Statistics.” American Pet Products Association, aid your response plan by providing access to a number of illness and ailments. Every americanpetproducts.org/press_industrytrends. a number of resources local communities do community that has an animal shelter asp., retrieved October 21, 2018 not have, to include the highest trained and should develop specific response plans to experienced personnel in the country and a assist the shelter in the case of evacuation. “Disaster Planning/Response Guideline.” large number of volunteers responders. This is made evident each hurricane season National Animal Care and Control Association, When developing your response plan where shelters make pleads for assistance Nacanet.org/nacanet.site-ym.com/resource/ animals need to be considered for sheltering days before a hurricane is about to make resmgr/Docs/NACA_Guidelines.pdf, retrieved needs. If you believe that your local animal landfall. With planning assistance, much October 21, 2018 shelter will be able to assist you will most of the urgency could be better managed or likely be turned away at the door. Most mitigated entirely. “President Bush Signs H.R. 3858, the ‘Pets animal shelters operate at or near capacity Much of the animal welfare world Evacuation and Transportation Standards throughout much of the year. The City of does not share the same mindset of first Act of 2006’” (press release). White House. Albuquerque provides care for up to 1,000 responders and incident planning. It is im- Retrieved October 21, 2018.

44 SHERIFF & DEPUTY | 2019 SPECIAL ISSUE

This special edition of Sheriff & Deputy magazine is dedicated to Mr. Polo, who crossed the Rainbow Bridge in January 2018. The National Sheriffs' Association's creation of the National Law Enforcement Center on Animal Abuse was motivated by John Thompson's love and newfound passion for fighting animal cruelty that resulted from his love of Mr. Polo.