Combating cruelty & neglect

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Presentation transcript:

Combating cruelty & neglect prosecutor Pat Harrington, Tippecanoe county prosecutor’s office

Tippecanoe County Animal advisory board Developed the Tippecanoe County Animal Advisory Board (AAB) in September 2017 Created in response to a criminal case State v. Hansen, 79D05-1701-CM-274

State v. Hansen Oct. 2016, Animal Control Officer (ACO) was dispatched to investigate animal neglect Defendant escorted ACO onto his property, and ACO located numerous dogs Dogs were located in feces-filled cages Dogs were malnourished, infested with fleas, and in need of medical attention Defendant signed over 64 dogs to ACO Defendant was ultimately convicted of two counts of Animal Cruelty (Class A misdemeanors) and sentenced to 180 days TCJ and 550 days supervised probation, with an order to pay restitution Defendant’s sentence was modified from jail to community corrections once the Defendant paid the restitution in full

State v. Hansen (cont.) Largest animal case in recent history in Tippecanoe County – 64 dogs The case showed our shortcomings as law enforcement and an animal community Lack of relationships & communication between Tippecanoe County Prosecutor’s Office, (TCPO), law enforcement, ACOs, veterinarians, shelters, volunteer organizations, etc. No plans in place for documenting & processing large numbers of victim animals Failure by TCPO and law enforcement to adequately train and educate the animal community on what evidence was needed for trial *Case opened up a healthy dialogue, which ultimately led to the creation of the Animal Advisory Board

Tippecanoe County Animal Advisory board

Animal advisory board: purpose To protect animals living in Tippecanoe County, Indiana by enforcing Indiana statutes and local ordinances & educating the community about issues relating to good animal care Goals: Prevent owners from re-offending by investigating and prosecuting cases, thus protecting victim animals from future abuse and neglect Educate the community about how to care for animals, thus preventing abuse and neglect

Animal advisory board: participants Tippecanoe County Prosecutor’s Office Law Enforcement – Lafayette Police Department, West Lafayette Police Department, & Tippecanoe County Sheriff’s Department Purdue University – Veterinary Teaching Hospital & Dept. of Veterinary Clinical Sciences Wildcat Valley Animal Clinic Crystal Creek Kennels North Central Indiana Spay & Neuter Greater Lafayette Kennel Club Board of Animal Health Almost Home Humane Society

Animal advisory board: Meetings AAB meets every 2-3 months TCPO provides information on closed cases (don’t discuss details of pending criminal cases) Discuss general strengths and weaknesses in recent investigations Talk about improvements or shortcomings in evidence collection, medical records, etc. As a group, discuss how we can improve the process for the next case Ask for help in locating resources, services, etc. Recently AAB has focused on: Creating forms for use during cases Formulating a plan to impact the community

Animal advisory board: training TCPO conducted training in January & March 2018 for the AAB Educated AAB on possible crimes that can be charged Discussed elements of each crime Discussed evidence needed to prove the elements (i.e. photos, records, statements) Provided case law so the AAB could talk about specific fact scenarios Discussed specific information and evidence law enforcement, veterinarians, shelters, and foster families can provide that are helpful to prosecution Discussed issues related to restitution

Animal advisory board: training (Cont.) Specific examples of training: Pictures should include the scene, every animal before medical treatment or cleaning, and animals after medical treatment or upon full recovery All animals must be identified with names (or numbers in high volume cases) that follow the animal from the scene to treatment to shelter Medical records need to connect the animal’s injuries or condition to the suspect owner Document medical, shelter, and other costs to comply with Indiana restitution statutes

Animal advisory board: cases Since the formation of AAB in September 2017: Eight new animal cases have been filed (currently two animal cases are being reviewed) Quality of cases has improved Communication regarding plea offers and restitution has improved Trial and sentencing preparation has improved Evidence was submitted to a laboratory in California for testing Connection was made as a result of the relationships formed on the AAB

Animal advisory board: cases (Cont.) Since the formation of AAB in September 2017: State v McCall, 79D05-1607-CM-2664: on 11/1/2017, the Defendant was convicted of Cruelty to an Animal (Class A misdemeanor) and sentenced to 180 days community corrections & 185 days probation, with restitution in the amount of $198.65 State v Britton, 79D05-1708-F6-897: on 4/9/2018, the Defendant was convicted of Bestiality (Level 6 felony) and sentenced to 60 days jail & 180 days community corrections State v Kirts, 79D05-1705-CM-1893: on 5/22/2018, the Defendant was convicted of Cruelty to an Animal (Class A misdemeanor) and sentenced to 90 days jail & 275 days probation, with restitution in the amount of $6,280.00

Animal advisory board: community education AAB recently discussed the education side of our mission Talked about websites and brochures Considered different ways to reach the community – community events, media events, etc. Discussed possible changes to local ordinances *Exciting time for AAB as we focus on protecting animals, training law enforcement, and educating our community!

BAILEY AND TUCKER

Questions? Pat Harrington Tippecanoe County Prosecutor 111 N. 4th Street, Lafayette, IN 47901 pharrington@tippecanoe.in.gov