Page 2 of 5 FirstFirst 1 2 3 4 ... LastLast
Results 11 to 20 of 44
  1. #11
    Join Date
    Oct 2016
    Posts
    3,133

    Default Re: Animal Death

    If he is not follow the procedure in accordance with paragraph 2 he is committing a Level 6 felony.


    IC 35-46-3-12 Torture or mutilation of a vertebrate animal; killing a domestic animal
    Sec. 12. (a) This section does not apply to a person who euthanizes an injured, a sick, a homeless, or an unwanted domestic animal if:

    (1) the person is employed by a humane society, an animal control agency, or a governmental entity operating an animal shelter or other animal impounding facility; and

    (2) the person euthanizes the domestic animal in accordance with guidelines adopted by the humane society, animal control agency, or governmental entity operating the animal shelter or other animal impounding facility.

    (b) A person who knowingly or intentionally beats a vertebrate animal commits cruelty to an animal, a Class A misdemeanor. However, the offense is a Level 6 felony if:

    (1) the person has a previous, unrelated conviction under this section; or

    (2) the person committed the offense with the intent to threaten, intimidate, coerce, harass, or terrorize a family or household member.

    (c) A person who knowingly or intentionally tortures or mutilates a vertebrate animal commits torturing or mutilating a vertebrate animal, a Level 6 felony.

    (d) As used in this subsection, "domestic animal" means an animal that is not wild. The term is limited to:

    (1) cattle, calves, horses, mules, swine, sheep, goats, dogs, cats, poultry, ostriches, rhea, and emus; and

    (2) an animal of the bovine, equine, ovine, caprine, porcine, canine, feline, camelid, cervidae, or bison species.

    A person who knowingly or intentionally kills a domestic animal without the consent of the owner of the domestic animal commits killing a domestic animal, a Level 6 felony.

    (e) It is a defense to a prosecution under this section that the accused person:

    (1) reasonably believes the conduct was necessary to:

    (A) prevent injury to the accused person or another person;

    (B) protect the property of the accused person from destruction or substantial damage; or

    (C) prevent a seriously injured vertebrate animal from prolonged suffering; or

    (2) engaged in a reasonable and recognized act of training, handling, or disciplining the vertebrate animal.

    (f) When a court imposes a sentence or enters a dispositional decree under this section, the court:

    (1) shall consider requiring:

    (A) a person convicted of an offense under this section; or

    (B) a child adjudicated a delinquent child for committing an act that would be a crime under this section if committed by an adult;

    to receive psychological, behavioral, or other counseling as a part of the sentence or dispositional decree; and

    (2) may order an individual described in subdivision (1) to receive psychological, behavioral, or other counseling as a part of the sentence or dispositional decree.

    As added by P.L.193-1987, SEC.15. Amended by P.L.41-1998, SEC.2; P.L.132-2002, SEC.1; P.L.7-2007, SEC.1; P.L.171-2007, SEC.10; P.L.111-2009, SEC.14; P.L.158-2013, SEC.566

  2. #12
    Join Date
    Jul 2018
    Posts
    1,534

    Default Re: Animal Death

    xyz

  3. #13
    Join Date
    Oct 2016
    Posts
    3,133

    Default Re: Animal Death

    Quote Quoting pg1067
    View Post
    xyz
    ????

  4. #14
    Join Date
    Jan 2011
    Posts
    278

    Default Re: Animal Death

    If the county officials for whatever reason (good ol' boy network, nepotism, corruption, etc.) will not touch him then you and your friend can try taking your evidence to the state police in your district to see if they will open an investigation. Sometimes the state cops do act when local authorities will not.

    Otherwise as was stated above, this is a battle that you will be fighting in the court of public opinion.

  5. #15

    Default Re: Animal Death

    How can the owner or myself get a copy of the "supposed" report/investigation that was done about this incident? Is there some open book law that will give me this access? This guy is a country government employee paid by taxpayers money. Thanks.

  6. #16
    Join Date
    Oct 2016
    Posts
    3,133

    Default Re: Animal Death

    Quote Quoting labsmom5
    View Post
    How can the owner or myself get a copy of the "supposed" report/investigation that was done about this incident? Is there some open book law that will give me this access? This guy is a country government employee paid by taxpayers money. Thanks.
    Here is a sample FOIA letter.

    https://www.nfoic.org/indiana-sample-foia-request

  7. #17
    Join Date
    Jun 2014
    Posts
    3,044

    Default Re: Animal Death

    Quote Quoting labsmom5
    View Post
    My question involves personal property located in the State of: Indiana

    I am posting this for a friend. Owner had 13 year old ill dog. She was treating it at the vets office. One day, her landlord allowed the county Animal Control officer to enter the rental property unbeknownst to the tenant and without any notice. Tenant had permission to have dog from landlord. ACO took the dog, took it out to local compost area and shot the animal and left it there. Dog was not aggressive and was ill. It had caused no damage, or any issues with it. The ACO admitted to the owner that he had done this. This was just done out of the blue because someone said the dog was sick.


    What can the dog owner do? She has contacted the local sheriff and they want nothing to do with the situation. The ACO works for the County Commissioners and not the Sheriff's Dept. This has been a pattern of this ACO and the last time the Commissioners did nothing.
    Did the animal have complaints against it? I am trying to understand why the ACO would just show up for a dog. If there were no complaints. Why did the landlord allow entry ? What am I missing ?

  8. #18

    Default Re: Animal Death

    Animal had no complaints other than neighbors saying it "looked" bad. Dog was under vet care for a large tumor. They were either going to operate or make another decision. ACO came, took it, took it out and shot it and disposed of the body in the county compost pile where road kill animals are taken. THis ACO has previously admitted that he takes domestic animals there for disposal. Country ordinances say he is to pick up an animal, take it to the local humane society where THEY will decide if animal is neglected. Owner then has 3 days to reclaim if the animal is not neglected. Where in this case, she had proof that the animal was under a vet's care. Landlord just happened to be there at the time. She was the one that informed the owner when owner called after returning from work and found the dog missing. ACO told landlord that he had authority to take it. No note or notice was every issued or left with the dog's owner on where the dog was. ACO ignored several procedures and protocol. AND he admitted to at least 3 people that he did it (Humane Society Director, Dispatch, and owner).

    Further update... Owner went into Sheriff's office today to file an official complaint. They would not let her do so. She then went to Country Administrator (ACO's boss) to get a copy of the incident report that sent him out there in the first place and what happened. She then went to the court house to file a Restraining ORder against the ACO (as she is terrified of him and what he could do since she is calling him out on this).
    1. THe Sheriff's Dept. would not let her file an official complaint.
    2) County Administrator said there was no report (should not every incident when an ACO is called out be recorded?)
    3) County Victim Advocate said that she was a friend of the ACO and would not let her file a Restraining Order.

    Are ANY of these things legal????

    http://www.inkfreenews.com/2019/06/2...-shooting-dog/

  9. #19
    Join Date
    Jan 2019
    Location
    Pugetopolis
    Posts
    65

    Default Re: Animal Death

    Just to clarify, this took place in Kosciusko County Indiana? The town seat is in Warsaw? And the County AC, sheriffs department and elected officials are the people to question? This is not a Warsaw matter?

  10. #20
    Join Date
    Jan 2006
    Posts
    38,718

    Default Re: Animal Death

    Is this the guy?


    https://www.wndu.com/home/headlines/97835859.html

    that was 9 years ago but people often stay in a position for a long time
    Since you’ve been rebuffed at the county offices I would suggest paying a visit to the state police post (don’t remember for certain but it seems like there is a post in Bremen, or more accurately. to the west of Bremen on 6.) I realize that is (I think) Marshall county but the state police have blanket authority across the state. I have seen situations before where a more local police force (such as a county or township police force) was not responsive but the state police acted. It’s worth a phone call or a short drive to at least chat with them. I would ask them about the possibility of trespassing and theft. Of course the guy will argue he was performing his duties but I don’t see it that way. If he was acting outside of the law, a claim he was performing his official duties doesn’t protect him

    i found something odd. Since Indiana went to electronic filing for orders of protection you are supposed to speak to the victims advocate. On the indiana official website regarding orders of protection, there was no listing for Kosciusko county.

    You might pay a visit directly to the courthouse to see if there is a way to side step the victims advocate. I’m sure there is but i suspect it may take hiring an attorney to travel that path.


    You might also contact the states Attorney general office. They are in charge of all police matters in the state and when you have a local issue where you are denied proper responses, the states AG office may investigate or even intercede in the mattter.


    You might also contact that television station and let them know there are still problems with that ACO. They might pick it up as a community interest story.

    Quote Quoting MaltbyMark
    View Post
    Just to clarify, this took place in Kosciusko County Indiana? The town seat is in Warsaw? And the County AC, sheriffs department and elected officials are the people to question? This is not a Warsaw matter
    Etna Green (from the news link Op provided) is about 10 miles down the road from Warsaw.

    1. Sponsored Links
       

Page 2 of 5 FirstFirst 1 2 3 4 ... LastLast

Similar Threads

  1. Pets and Animals: Animal Control Duties
    By labsmom5 in forum Personal Property
    Replies: 23
    Last Post: 07-07-2019, 09:09 PM
  2. Pets and Animals: Can a Friend Who is Dog Sitting Turn Your Dog Over to Animal Control
    By lawfacts in forum Personal Property
    Replies: 1
    Last Post: 02-10-2017, 08:31 AM
  3. Search and Seizure: Can Animal Control Enter Your House Without Permission to Check on an Animal
    By Kevin Willbur in forum Criminal Procedure
    Replies: 5
    Last Post: 01-25-2016, 08:05 AM
  4. Pets and Animals: Animal Control Entering Property
    By brandenk in forum Personal Property
    Replies: 7
    Last Post: 07-12-2011, 04:03 PM
 
 
Sponsored Links

Legal Help, Information and Resources