Animal Control and Sparks Justice Court

[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.

[KITCHIE]

ME: OK and where were you when you saw this.

Mr. P: I was about twenty feet away from by house.

ME: And how long would you say this scuffle lasted?

Mr. P: About 2-3 minutes

ME: And where were you when you say you saw the dogs come to my house? (I have lived out here for 16yrs and I sold land here for about 3 years. I am very familiar with Mr. P’s property and the surrounding properties.)

Mr. P: I was standing at the hanger.

ME: Oh you bought the runway?

Mr. P: Yes

ME: And you say you were standing at the hanger, and you saw the dogs come to my house?
ME: There is now way you can see my house from there!

DA: (interrupting) I object Ms Snedigar is testifying!

Judge: Ms. Snedigar you will have your opportunity if you want to testify. Will you be testifying?

ME: I am not sure yet.

Judge: continue

ME: So you had a direct shot and could see the dogs come to my house?

Mr. P: Well I lost track of them and then spotted them again going to your house.

ME: Did you actually see the dogs at my house?

Mr. P: Yes.

ME: No more questions

Judge: Re-direct?

DA: OK now I am a little confused. Tell me again how you saw the dogs go to Ms Snedigar’s house.

Mr. P: I was standing at the hangar and I saw the dogs going to her house. Can I draw a picture?

DA: Yes that would be fine.
So Mr. P draws on the dry board and spends about 5-10 minutes trying to explain how he [saw through buildings] was the dogs com to my house. And the district attorney is getting confused and is saying she is confused!

ME: How could you possible see my house from where you say you were there is a house in the way!!

DA: I object

ME: I am sorry your honor I’m sorry. (Judge not at all upset says ok)

Me: No more questions.
Next up is the Animal Control officer. And she is pissed off!!!

DA: How long have you been an Animal Control Officer?

ACO: 17 years

DA: And did you get a call from Mr. Patrick about his dog?

ACO: Yes I went out there on Nov 13th on a report that his dog was killed by three other dogs.

DA: And did you see Mr. Patrick’s dog?

ACO: Yes it was a mess.

DA: What did the body look like.

ACO: It’s neck was broken and there were puncture wounds.

DA: Then what did you do?

ACO: I took statements from Mr. Patrick and Mr. Shugruh then went to Ms. Snedigar’s house to issue a citation. I don’t remember exactly where her house is.

DA: And what happened when you got there?
ACO: A pack of about 5-8 vicious dogs came out and surrounded my truck and were showing there teeth and pawing at the windows.

DA: What did you do?

ACO: Well I tried to get out of the truck and these vicious dogs…

ME: (interrupting) I object vicious dogs there is no evidence of that! ACO: These visicious dogs were barking and showing there teeth and when I opened my door one dog bit my foot and made marks on my boot. (This was all a lie)

DA: I’d Like to see that!

ME: (interrupting again)I object we don’t know where those boots have been after all this time or how many other calls she has been on or if she kicked something and they were not held in an evidence locker for trial.

Judge: I would like to see this.

ACO: comes around and shows the Judge her boot.

Judge: well it looks like the suede on the toe of the boot is well worn and the steel toe is showing, but I don’t see a bite mark.

ACO: “It’s right there” [and she points to some mark that I couldn’t see.]

Judge: I really don’t think that shows a dog bit your boot.

DA: So then what happened.

ACO: I stayed in the truck and honked the horn several times, and Ms. Snedigar came out.

DA: And did you speak with her?

ACO: Yes I told her I was here to issue a citation because her dogs killed another dog.

DA: And what did she say?

ACO: She said her dogs wouldn’t kill another dog and that she wanted to see some pictures of the dead dog.

DA: And what did you say?

ACO: I don’t have any pictures and I wan’t the one making the complaint the owner of the dog was.

DA: Thank you

ME: When you came to my property and honked the horn about how long did it take for me to come out?

ACO: About 3-4 minutes. (not true I heard the dogs making a fuss and saw her coming and was at her truck when she came to a stop. She never opened her door. I asked her if she was afraid to get out and she said yes because she said she was afraid she would get bit. I did not ask this in court)

ME: And you saw my dogs right?

ACO: Yes I saw between 5-8 dogs.

ME: And about how much would you say they weigh?

ACO: Well I don’t know I am not good at how much a dog weighs. (she has been in this business for 17 years and doesn’t know how much different breeds weigh?)

ME: Well what would you estimate there weight to be?

ACO: I guess around 40-50lbs.

ME: Thanks you . And what type of breed would you say my dogs are?

ACO: I don’t really know the type of breed your dog are I would say
aussey mix.

ME: OK you your observation is that my dogs are auusey mix and they weigh between 35 and 45 lbs. Is that right.

ACO: Yes.

ME: OK and how much would you say Mr. P’s dog weighed?

ACO: About 65 to 70lbs.

ME: OK thank you. Now when you came to my house the second time what did you come there for?

ACO: I came to get you to sign the citation.

ME: And how many days passed before you came back to my house?

ACO: I don’t know a couple maybe 4 days.

ME: And do you remember what I said when you came back.

ACO: Yes you said you wouldn’t sign it.

ME: And did I tell you why?

ACO: Yes. You said you knew your rights? (She is glaring at me now!!)

ME: Did I say anything else?

ACO: NO! (Lie I told her at the time that I didn’t have it because I mailed it back to the court for fraud.)

ME: OK thank you.

DA: State rests

Judge: Ms Snedigar have you decided if you are going to testify?

ME: Well I guess I am going to have to. (Right after I sid that I felt these little daggers shooting into the back of my neck and they really stung!! It was my friend Pat Silently screaming at me “they haven’t proved their case!!)

Judge: Ok Ms Snedigar if you are going to testify I have to tell you that the District Attorney will get to cross examine you…

ME: interrupting and apologizing Judge I think I am not going to testify.

Judge: OK lets get on with closing arguments.

DA: There is reason to believe Ms. Snedigar allowed her dogs to go on Mr. P’s proterty and kill his dog.

ME: interrupting I object now one witnessed my dogs actually kill Mr. P’s dog.

[KITCHIE]

Part 3

DA: Circumstantial evidence is allowed.

ME: Thinking to myself, she just helped blow her own case. Circumstantial evidence is not allowed in misdemeanors and they had no evidence.

DA: Ms. Snedigar’s dogs packed up and were viciously barking and surrounding cars coming down her street; the Animal control officer testified that one of the dogs bit her boot and there is enough reason to believe that her dogs did this.

ME: Well this happened about 3/8 of a mile from where Mr. P was standing. He had to get into his truck to try to get to his dog which he said was very hard because where his dog was there was no road. Mr. P testified that his dog weighs about 70lbs. The Animal Countrol Officer said she thought his dog weighed between 65 and 70lbs. Mr. P said he thought the dogs that attacked his dog weighed between 70 – 100lbs. And the Animal Control Officer said she thought my dogs weighed between 35-45lbs. There is a mighty big difference there. I rest.

DA: There is plenty of evidence that her dogs did this because the animal control officer said she was not good at judging the weight of dogs.

Judge: OK we will take a 10 minute break while I go back and review this. (Translation I am going to read her Motion to Strike again and the Notice and Demand for discovery.)

Judge: Well I have reviewed this case and what was presented. These kinds of cases are very hard to prove. If I was in a bar and I was told this story I would say yes those dogs definently killed your dog. But we are not in a bar, and I have to go by the facts and the testimony that has been presented and I am sorry but there is just not enough evidence that proves beyond a reasonable doubt that Ms. Snedigar’s dogs killed Mr. P’s dog. The deciding factor is that Mr. P testified that the dogs that killed his dog weighed between 70 and 100lbs. The animal Control officer testified that she observed Ms. Snedigar’s dogs weigh between 30 to 50lbs. I am sorry but the gap is just too wide and I cannot connect the two together. Therefore I find Ms. Snedigar not guilty.

These cases are very hard to prove and people will say that my dogs would never do this. Even when they see it on video tape they can’t believe there dogs are doing this. However there is reasonable doubt that Ms. Snedigar’s dogs did not kill this dog and the state failed to prove it’s case.


And that is pretty much the whole thing. There maybe be a few details I missed, but the jest of what happened is here. Also I believe Mr. P's opinion changed about me and when it was all over and we were outside my friend said why don't you have him over to see your dogs? He said coffee one morning and out his hand out to me. I said you betcha any time and shook his hand. I also gave him heads up about the most likely perpatrator is and where to look for them. And we told him about the black wolf that gets out and my friend said yes they travel very far and have been to my house and I live about 50 miles from you in Patrick Nevada.

It was all good in the end.

Kitchie

WAAAAAAAAAAAY Kewl!!!


Way to Go!!!

HB

[Jerseee]

Good job Kitchie!!!

Did you use this site to assist with your study and get additional education and resources from the posts and downloads section?

[KITCHIE]

Thanks you guys. It really feels good when you hold their feet to the fire and THEY scream uncle!! LOL

Actually Jerseee, there is a Motion to Strike document that I used as a guide to write my own. I think it was about 2 or three pages. It was laid out short and sweet cited some case law and gave them a remedy. Subject was failure to sign the complaint. So when I saw this I decided to write a motion to strike for this case. My motion turned into 10 pages and I wrapped them up very tight in their failure to follow the process. These were filed in the court. I fully believe that what I said in the Motion to Strike and in the Notice and Demand for Discovery (also filed in the court) made Judge Higgins very nervous. My friends that were in court with me remarked how nice he was to me...that was not normal.

Also getting the feel for what others have done, where the sucesses are and what didn't work etc is encouraging and helped me to kind of get in the "gruuuve". One of my friends said he was impressed with the way I kept my cool no matter what they said. Believe me, I run with lights and sirene blaringmost of the time so that was a great compliment!! Attitude in the court and some of the discussion about that in here helped me quite a bit.

Kitchie

[citizensoldier]

I am a little disheartened by a case such as this being celebrated as a success on a site that seems dedicated to truth and justice. I only see a case won on the incompetence of the DA in proving the case on behalf of another common man's loss of property - this is not a case of the "evil" gov't violating your rights, but a common man seeking justice for the loss of his property.

There are parts of the case that leave an unsettling feeling for me in seeing justice was served. The first being the DA did not further refine his case by having Mr. P or the ACO confirm whether any of the dogs seen on your premises meet the descriptions that Mr. P gave under oath (his affadavit of truth) as having seen kill his dog - which were not rebutted.

The second, you actually established Mr. P as placing the dogs he identified as killing his dog as going to your house. Do you have three dogs that match such descriptions?

[KITCHIE]

Citizen-
I feel very bad for this guy too. He was used by some of my neighbors to get at me. He waited 4 days to report it, and relied on second hand information rather than check it out for himself. Now he has no chance of getting the real culprit who has a serious complaint against his dogs already. ACO should have know this.

About establishing the dogs going to my house...that is a far cry from seeing the dogs AT my house. I have dogs, coyotes, cows, wild horses, antelope, deer bunnies mice snakes all going to my property. Some of these criters actually get here.

AS to your "concern" Justice you are way off the mark. About the discription of the dogs, read the ACO and Mr. P statements. They cannot comfirm each other because I envoked the exclusionary rule so they couldn't hear each others testimony and she didn't see it happen.

So here it is again briefly.

Mr. P testified the dogs that killed his dog were 70 to 100lbs. One all black with ears that stood straight up. My dogs are between 38 and 45 lbs and have ears that flop over. My dogs the ACO testified are 35-50lbs. She came to my property. Mr. P didn't. Mr. P never saw the dogs that killed his dogs on my property.

His dog was a healty 8 yr old chesapeek. My dogs are Border Collie and Kelpie. My dogs don't have the strength to break his dogs neck. My dogs would attack the hind end not the throat. That's in their breeding. Shepards, dobbies, rotwiler etc attack the throat. Coyotes also have a trade mark of going for the throat. I live in the Third Rural Conservation District and it is open range. The coyotes are the most that have been in my area in the last 20 years.

I feel very happy about the outcome. I am elated that the judge had to be honest after he had already screwed up so bad. Would you expect me to go down just because this poor guy thinks he saw my dogs? Would you go down for that? Because someone THINKS they are your dogs and that someone is relying on someone elses statements? I think not.

This case was about the process and the evil government. The judge that heard the case interfered with my serving a subpoena the deputy district attorney committed a fraud in the court and twelve other things.

The ACO has been in the business for 17 fricken years I am to believe she can't determine that approximate weight of dogs in her sight?? She testified to that. PLeeease!!

None of this in the record because I didn't testify. There was no need because the ACO vindicated my dogs.

Still elated about my win
Kitchie

[citizensoldier]

Kitchie,

I appreciate your response and I do not think anyone should answer for a wrong or injury they are not responsible for. I was only trying to get a more clear understanding of the situation since your posts left some unanswered questions. You cleared up my questions about the dogs you own - they do not match the description of the animals he indicates perpetrated the attack.
It was a complete waste of time and energy for Mr. P or the DA to take you to court when a simple investigation would've confirmed you do not even own animals fitting the descriptions. Was this a point you had already submitted to the court and they ignored?

Brent

[KITCHIE]

Citizen-

What I argued was that there was no witness to the event and the state did not have a viable cause of actin against me. Because the account of this awful story was so vague and the statements did not indicate that anyone actually saw the dog being killed they had no valid claim against me. Mr. P was distressed because his buddy -went everywhere with him every day- is now dead and he didn't know what to do.

And yes if ACO had been doing her job and if the DA had done her job and did a little investigating they would have discovered what was brought out in court. But they fall apart and do a lot of stupid things when you don't just cave in and pay up.

So it cost the taxpayers of Nevada about $9,000.00 for the DA and about $2,000.00 for the court and about $500 or so for the court reporter all in an effort to extort $110.00 from me.

Also remember the guy who owned the dog was merely the states witness, nothing more.

Kitchie