[KITCHIE]

Hey There Everybody!!!!

I am feeling very free right now!! I won in court again. YEEEEEEEEEHAAAAAAA!!!

OK here is the story.

Got to court at about 1:50 to day 1/04/05. Pat and Lloyd were there. We went inside and talked for a few minutes, Pat said I better check in so I did. Then we stood by the hall to go into the court until we were called. I saw the people whose dog had died talking to the DA. I felt bad for them. We were called into the court room at about 2:15 or so and court finally got started at about 2:30. I was surprised to see I was in Judge Higgins court! It was supposed to be Judge Deriso.

So the bailiff gets court started, swears in the witnesses and the DA calls the first witness. Bada bing bada bang bada boom!!

So I speak up and say wait a minute judge we have a motion to strike that needs to be discussed. So he says ok we can talk about that if you want to. Then the judge tells the witness (the guy whose dog died Mr. P) to go back and sit down. By the way the thing started I knew he wasn’t going to affirm my motion. When he said motion denied, I said, “I cannot get a fair trial in Sparks Justice Court! The state did not apply to the court for leave to amend the complaint as required by Nevada Rules of civil Procedure, Justice Court Rules and Nevada Revised Statutes, there is no order to amend and you interfered with my defense.” Judge Higgins said that “The prosecutor and the court amend the complaint in court and the law says so. And when I asked him what law he said I’m not your research assistant. Motion denied.” But it is in the record!!

Now Mr. P comes back to the witness chair and the prosecutor starts asking him about his dog and what he saw.

So I say “Wait a minute judge I want the witnesses to leave the room I want to invoke the exclusionary rule.”

So the judge explains what that is and they [witnesses] get up and leave. (By the way the judge is being very pleasant and didn’t display any hostility toward me after that first part. Also keep in mind this is the judge that heard me say “If Judge Higgins thinks he can’t be held liable in his private capacity he can thinks again.”)
So now the DA begins to question Mr. P.

DA: Can you tell me what happened on the morning of the 9th of November?

Mr. P: I let my dog out at about 8-8:30am that morning and I was going out to feed and Pup off running. After a few minutes he says he heard a scuffle and three large to medium dogs were chasing “Pup”. The DA says who is “Pup” and of course he says that’s what I called my dog. Then Mr. P says I could see the dogs “boiling up”. The DA says what do you mean by boiling up? And Mr. P says that were up and then down and up and down.
DA: and how far away were you from this scuffle?

Mr. P: About 3/8 of a mile.

DA: And you could see clearly what happened?

Mr. P: Yes I had a straight shot.

DA: What did you do next

Mr. P: I got in my truck and drove over there. It is very hard area to access because there is no road or natural path. When I got there Pup was dead.

DA: Can you describe the dogs that did this?

Mr. P: Yes one was all black and his ears stood straight up and the other two were black with white markings. My girl friend saw two wolves about 10 days ago and she asked me if they could have done it but I said no it was three dogs.

DA: Did you see where the dogs went?

Mr. P: Yes they went to a yellow two story gambrel style house at the end of Pasture View Rd.

DA: And you saw the dogs go to that house?

Mr. P: yes

DA: Do you know who owns that house?

Mr. P: Yes it that woman over there in the black leather jacket.

DA: And after you found out where she lived did you ever go talk to her?

Mr. P: No I had heard from my neighbors that she is unapproachable, aggressive, won’t listen to anybody and you just can’t talk to her.

DA: So then what did you do after you saw where the dogs went?

Mr. P: I went back to where Pup was and he was a mess. His guts were torn out and his neck was broken.

DA: Then what did you do?
Mr. P: I didn’t know what to do. I talked to my neighbors and they said that her dogs had killed a German Shepard and hurt a couple of other dogs. So after a few days I called Animal Control.

DA: And did you make a complaint?

Mr. P: Yes after I learned who she was.

DA: And you know they were Ms Snedigar’s dogs because you saw them go to her house?

Mr. P: Yes

Judge: Ms. Snedigar…

ME: I am very sorry about your dog. How old was your dog?

Mr. P: He was 8 years old.

ME: And was he Healthy?

Mr. P: Yes he was very fit.

ME: He didn’t show any signs of arthritis?

Mr. P: Well he was a little but he was over all very healthy.

ME: And how much did Pup weigh?

Mr. P: He was about 70lbs.

ME: And how much would you say the dogs weighed that killed your dog?

Mr. P: I’d say from 70 – 100lbs.

ME: Did you know that there is a black wolf that lives on Piute Creek?

DA: I object she is trying to get her testimony in through this witness.

ME: Mr. P brought up that his girlfriend said she saw two wolves and there are wolves out there.

Judge: Move on

ME: Now you said you were 3/8 of a mile away when you witnessed this attack and that’s about 3000 feet or so right. Did you have a straight shot or were there any obstacles in the way like sage brush?
Mr. P: It’s about 2000 feet and I had a straight shot I could see very clearly.