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  1. #21

    Default Re: Animal Death

    Yes, in Etna Green, in Kosciusko County. No, the victims advocate is the way you have to go. SHe was the one who said that she knew the ACO and would not let her file a restraining order. Said the owner had no reason to file the RO. And yes, that is the same guy. And they did not even talk to any of the people that complained against him. That was just a fraction of the complaints but the only ones that would put their name on paper cause they fear this guy and what he would do to them. He has a gun and carries it everywhere. Plus since it is a fact that he will just come onto your property and shoot your animals, no one wants him to know they are complaining. And no, it is not a Warsaw city matter, it is the county.

    Does anyone know if the ACO is required to keep a report/log when they are called out to an incident and picks up an animal?

  2. #22
    Join Date
    Jan 2006
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    Default Re: Animal Death

    your friend is not eligible for a protection order available through the advocates office. That is an office put into place to assist those in need of a protection order. Such orders are limited to domestic issue and stalking or sex offenses.

    You wojkd be looking for a no contact order or a restraining order. Based on your statements it isn’t likely your friend would receive one anyway. You need to show a valid basis for the issuance of such an order and you have stated nothing that would support the need for such an order.



    Your attempt to obtain a record of the aco’s activities appears to be unnecessary. If you have the statements acknowledging his actions, that would supersede what any log entry would provide.


    Short of hiring an attorney to assist you and possibly filing a civil suit against the officer and possibly the county, I have offered what I believe to be your only path for recourse. I’m not certain you will get anywhere with the entities i have suggested but I don’t see any other direction to go without suing. The state police and the state ag are outside of the influence the aco may have within their circle of acquaintances. The states ag has the authority to assign a special investigator if they believe it is warranted.

  3. #23
    Join Date
    Jan 2006
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    Default Re: Animal Death

    Quote Quoting MaltbyMark
    View Post
    I've been writing letters to the KCSD, the council and the commisioners.
    Is there some reason your actions would be pertinent to the ops situation and inquiry here?

  4. #24

    Default Re: Animal Death

    Animal Control in this country is a single person department under the Country Administrator. The Country Administrator says that they have no authority to hire or fire the ACO. Says that is under the direction of the Country COmmissioners.

    She did not ask for a Protective Order, she asked for a restraining order. They sent her to the Advocate and the advocate told her that she would not do that as the ACO is a friend of hers.

    She is attempting to hire an attorney for a civil suit or tort claim against the individual and or his employer (county government)

  5. #25
    Join Date
    Jan 2006
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    38,728

    Default Re: Animal Death

    Quote Quoting labsmom5
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    Animal Control in this country is a single person department under the Country Administrator. The Country Administrator says that they have no authority to hire or fire the ACO. Says that is under the direction of the Country COmmissioners.

    She did not ask for a Protective Order, she asked for a restraining order. They sent her to the Advocate and the advocate told her that she would not do that as the ACO is a friend of hers.

    She is attempting to hire an attorney for a civil suit or tort claim against the individual and or his employer (county government)
    well, since the advocates position is to assist people with filing a protective order, I’m not surprised she was rebuffed. I still see no basis for a restraining order from what you’ve posted.

  6. #26

    Default Re: Animal Death

    Ok.. thanks for all your help. I have gave the owner all the information and I am out of it. I have told her repeatedly to get a lawyer but so far, no go. I can't help someone who says they want help but then refuses to take it unless you tell them what they want to hear. Thanks again. This forum is great and you are all wonderful to do it.

  7. #27

    Default Re: Animal Death

    Oh wait... this story just gets weirder and weirder... A Kosciusko County Sheriff's deputy released a picture of the dog to the news paper which published it. It is graphic. It shows a very abused looking dog with drag marks on her body, a tumor that has been scrapped and bloodied, and no collar on the dog. He said it was taken 2 days before the incident. The owner of the dog said that her dog was chained in her garage and did not look like that when she left for work on that morning. When she returned home, there was no dog and no collar. The owner also says that this is not her home or on her property. 2 vets have verified that yes, the dog did have a mammary Tumor but it was treatable. County commissioners have said yes, they are investigation but so far, the owner has not been contacted by any law enforcement or agency to talk about the incident.

    Her landlord told her that she allowed some repair people into her house that day but refuses to tell her who or why she needs the information. When the owner asked the landlord gave a veiled threat and told her it wasn't her business and did she find another place to live yet.


    What legal issues do you see here? Entering without permission, removing property (her dog) and destroying it without her permission, not following state and county laws about animals being taken to the local animal shelter (remember, the ACO told both the owner, the shelter director and county dispatch that he took the dog and shot it and left it at the compost pile) (we assume that he removed the collar so the animal could not be identified especially if he had inflicted harm to her), the Sheriff's deputy who released picture without owner's permission, refused to tell where he got it from, and if there is an active investigation isn't this evidence that should never have been released to the public?


    Oh, and perhaps the landlord for allowing someone in her residence and then refusing to give her the information on who it was. And a veiled threat about moving her out. THe owner says they have no written rental contract all verbal. She pays weekly. Now the landlord is telling her that she has been late on her rent for 4 weeks and is behind. She has paid every Sunday (when she is paid) and the landlord has accepted. Now out of the blue she says no, she needs to pay on Friday and therefore she is late. But the landlord has never refused a payment, never told her it was late until she started questioning her about who she let into the apartment.

  8. #28
    Join Date
    Jan 2006
    Posts
    38,728

    Default Re: Animal Death

    If the landlord allowed workers into the house (haven’t checked then specific laws), if the landlord was alllowed to do that, there would be no illegal entry.

    Taking the dog would be theft of property.

    How the dog was killed might be an issue but that is up to the employer or prosecutor to address. .

    The actions regarding releasing info: I don’t see anything wrong there. There is no prohibition to releasing then info. Information can be withheld during an investigation but it isn’t required it is.

    I hope your friend is getting receipts for her rent payments. Even if she is paying on time, the landlord can terminate the rental agreement with proper notice. I believe it is 30 days but not certain.

  9. #29
    Join Date
    Jan 2019
    Location
    Pugetopolis
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    66

    Default Re: Animal Death

    Quote Quoting jk
    View Post
    Is there some reason your actions would be pertinent to the ops situation and inquiry here?
    Yes. The KCSD is the Kosciuko County Sheriffs Department, and the incident happened in Kosciusko County.

    According to County Council members Ernie Wiggins and Joni Truex:
    Mark

    The Indiana State Police are investigating. The Commissioners are the decision makers and I have passed along your email.
    And per the SD
    Mark, once the allegations were presented, the recommendation was made (by the sheriff), to the Kosciusko County Commissioners, to utilize an outside/independent agency to investigate this matter. That is common practice, to show an unbiased/external review. We cannot comment on the status of the investigation, because we are not the agency conducting it.

    There has been no stonewalling, or cover up, as you have insinuated; the matter has been taken very seriously, which is why the recommendation was made to the commissioners, to proceed. Animal Control Officer Clase, again, is not an employee of the Kosciusko County Sheriff's Office. He answers to the Kosciusko County Commissioners, who are the contact point, in addition to the Kosciusko County Administrator, in this matter.

    There are several law enforcement agencies, within the State of Indiana, with the jurisdiction to investigate criminal allegations. Please understand that if our office had additional information, it would be released.
    While sad, with the ISP involved and the politicians knowing that this event has garnered questions from far away states, I think you can be a little less worried that this will be swept under the rug by the good old boys

  10. #30
    Join Date
    Jan 2006
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    Default Re: Animal Death

    Quote Quoting MaltbyMark
    View Post
    Yes. The KCSD is the Kosciuko County Sheriffs Department, and the incident happened in Kosciusko County.

    According to County Council members Ernie Wiggins and Joni Truex:


    And per the SD


    While sad, with the ISP involved and the politicians knowing that this event has garnered questions from far away states, I think you can be a little less worried that this will be swept under the rug by the good old boys
    Your post was a bit cryptic to me. I didn’t realize you were involving yourself personally.


    I will be surprised if anything is done. It will likely be explained away is some way that makes it appear legit.


    just a hint of my familiarity:
    I know exactly where the courthouse (and sheriffs department) is. Used to eat lunch at a little joint a block east when the courthouse and jail was being built.

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