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

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

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

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

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

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

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

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

Investigation

Investigation

Investigation

Investigation

Investigation

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

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

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

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

Search and Seizure Upon searching the property the officers find the following.

Search and Seizure

Do you think you’re in over your head? If you are dealing with a large scale animal cruelty case you have resources available to help you with your evidence collection.

Help!!! ASPCA HSUS

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

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

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

Let’s Go To Trial!!