1988-27572-Minutes for Meeting November 14,1988 Recorded 11/29/198888-27572 0004 0553
HENLEY DOG HEARING
r
November 14, 1988, 1:30 p.m ;4 .r.
Commissioners' Conference Room, Administration Buling
Chairman Maudlin called the hearing to order at 1:40 p.m. Bad
members in attendance were Dick Maudlin, Lois Bristow Prante, and
Tom Throop. Also present were Karen Green, Assistant Legal
Counsel; Les Hamilton and Cynthia Komurka, Animal Control Officers;
Patty Hughes, complainant; Gary Henley, dog owner; and Greg Lynch,
attorney for Gary Henley.
Karen Green questioned Les Hamilton to develop his written
testimony (attached). He identified Exhibit #1, the picture of the
dog that was taken to the shelter; Exhibit #2, the statement signed
by Mr. Henley requesting a hearing; and Exhibit #3, the citation
he issued to Mr. Henley. Mr. Hamilton stated that no other
neighbors had reported seeing the dogs chasing livestock. He
stated that he found the dogs inside the corral holding the
livestock in the corner of the corral. He could not hear whether
the dogs were barking or not because he was in his vehicle. He did
not know who the owner of the cattle was.
Mr. Lynch questioned Mr. Hamilton regarding his testimony and a
previous conversation they had had.
Patty Hughes stated that she was sorry that she had ever telephoned
9-1-1. She said her intention when she called was to find out who
owned the dogs because if they had come on her property and
attempted to "herd" her blind horse, the horse might be frightened
and run through a barbed wire fence. She was not at all concerned
that the dogs would harm the livestock or her horse. She said it
was a mistake on her part when she used the word "chasing" in her
call to 9-1-1; what she meant was "herding." The owner of the
cattle came into the corral and fed the livestock after she had
placed the call to 9-1-1, and he did not seem concerned about the
dogs being in the corral. When she said she had seen the dogs
"chasing" before, they had actually been "herding" their owners'
cattle. She was new to the area and didn't know the neighborhood
that well.
Mr. Henley stated that he had never had any problems with "Ned"
(the older dog) or "Spike" (the 5-month old puppy that was taken
to the humane society) chasing livestock. They are not "healer"
type dogs, but they are "herding" dogs; they circle and bunch the
livestock. They are almost always confined in a pen and do not run
free. Since the incident, he has sent "Ned" to Montana. He had
spoken with the owner of the cattle, and the owner said the dogs
were not doing anything that would put his livestock in jeopardy.
Mr. Henley said he had cattle and horses, and that if his dogs had
done anything wrong, he would have been the first to have them
destroyed. He said the puppy did not "herd" well, but that Patty
Hughes had said he had good instincts and would follow and mimic
the older dog. The older dog was trained to bring the cows in and
0094 0554,
put them into the corral. Mr. Henley said he had fallen asleep
when his dogs went across the street and confined and corralled the
cattle there, which was their natural instinct.
Chairman Maudlin closed the hearing at 2:25 p.m.
THROOP: Since there is not enough evidence to show that the dog
was chasing livestock, I would order that the dog be
released.
PRANTE: I would second that also. I would like to reinforce that
under all circumstances, you confine the dogs.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
DESCHUTES COUNTY BOARD OF COMMISSIONERS
L1
L-6iBtistow Prate, Commissioner
Commissioner
, Ch irman
BOCC:alb
0004 0555
NOTICE OF HEARING
The Board of County Commissioners of Deschutes County,
Oregon will hold a hearing on Monday, November 14, 1988, at 1:3C
p.m. in the County Administration Building, Commissioners' Con-
ference Room, 1130 N.W. Harriman Street, Bend, Oregon, to con-
sider whether a certain dog, a border collie-heeler cross,
engaged in the killing, wounding, injuring or chasing livestock,
to-wit: cattle, on or about November 4, 1988, at or near 22356
Nelson Road, Bend, Oregon, in unincorporated Deschutes County.
Any interested persons may appear and offer testimony regarding
the allegations relating to said dog.
DATED this 10th day of November, 1988.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
DICX MAUDLIN, Chair
C094 0556
'
DOG OWNER RIGHTS WHEN DOG HAS ENGAGED IN
•RILLING, WOUNDING, INJURING, OR CHASING LIVESTOCK
1.
The Dog Control Officer is directed by law to impound the
dog.
2.
The Dog Control Officer may enter upon private property to
take custody of the dog. K
3.
-A dog observed chasing, killing, wounding, or injuring
livestock shall be destroyed by either
~ permission of the
owner or order of the Board of'County Commissioners.
4.
A dog not directly observed chasing, killing, wounding, or
injuring livestock is presumed to have been so engaged if
the dog is found:
(a) In the area of injured livestock.
(b) Feeding' on a warm carcass.
(c) Has eaten a portion of the livestock.
(d) Has portions of the livestock in the dog's teeth.
5.
It is unlawful for any person to keep or harbor a dog with
-
knowledge it has killed or wounded livestock. _
6..
If the dog owner does not consent to allowing the dog to be
humanely destroyed, the Board of County Commissioners shall
-hold a hearing. The dog shall be humanely destroyed if it
is found to have chased, wounded, injured, or killed live-
stock. The only question to be considered at such hearing
is whether the allegation that the dog chased,-wounded,
injured, or killed livestock is true. No other issues are
relevant and other issues will not be considered.
7.
A dog owner requesting a hearing must make arrangements for
the payment of kenneling costs of the dog with the Humane
Society, 61170 S.E. 27th Street, Bend, Oregon 97702, while
the dog is in custody.
I have read and understand the above, and I voluntarily
release the dog to be euthanized. \
Dog Owner/ Date ; ACO/ Date
I have read and understand the above. I hereby request a
hearing.
2,1
Dog Owner/D,wta ACO/Date
_ 094.055'7
DISTRICT COU T OF THE STATE OF OREGON FOR DESCHUTES COUNTY
U IF RM CITATION AND COMPLAINT
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STATE OF OREGON )
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COUNTY OF DESCHUTE 1 ry
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IN THE NAME OF DESCHUTES COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF
THE UNDERSIGNED CERTIFIES AND SAYS:
OREGON
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DAYOF L- 79 a- AT;'?'70 ❑ a+r+• LAP-m•
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DID UNLAWFULLY COMMIT THE OFFENSE OF: T !V il:l
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A CLASS ❑ A B INFRACTION.
IN VIOLATION OF DESCHUTES COUN <t ' /Z SECTION 6• / Z:; I%
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IN UNI CORPORATED DES ES COUNTY, OR GON, AT OR NEAR
I HEREBY CERTIFY UNDER PENALTIES PROVIDED FOR A PERSON KNOWINGLY CERTIFYING
1 FALSELY ANY MATTER IN CONNECTION WITH THE ISSUANCE OF A CITATION FOR THE
FILING OF A COMPLAINT THAT I HAVE REASONABLE GROUNDS TO BELIEVE AND DO
` BELIEVE THAT THE ABOVE PERSON COMMITTED THE ABOVE OFFENSE CONTRARY TO
I LAW. I FURTHER CERTIFY THAT I HAVE CAUSED THE SUMMONS TO BE DELIVERED TO THE
f' PERSO, CIT D.
DAITE OFFICER
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APPEAR IN COURT AT LL-j M. ON DAY OF 79''
LOCATED AT: 7084 BOND STREET, BEND, OREGON 97701 SCHEDULED B- A)L'
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IMPORTANT NOTICE: THIS COMPLAINT WILL BE FILED IN THE DISTRICT COURT. FAILURE TO
COMPLY WITH THE INSTRUCTIONS ON THE REVERSE SIDE OF THIS CITATION MAY RESULT IN A
t WARRANT BEING ISSUED FOR YOUR ARREST.
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DESCHUTES COUNTY
SHERIFF'S DEPARTMENT
OFFENSE REPORT
Page: 1 of 1
Clearance:
16:43:58 07 NOV 1988
009 0558
Case: 88-2636
Distribution: DCSO
-COUNTY LEGAL DEPT - KAREN GREEN
10K1
Reported Date/Time: 11/04/1988 15:30
Occurred Date/Time: 11/04/1988 15:30
OUCR/NCIC offense codes:
* DOG CHASING LIVESTOCK
267 ALL OTHER-ANIMAL ORDINANCES
Location of Offense: THE FIELD NEXT TO 22356 NELSON RD., BEND, OR.
Names, Person types, and Information:
HAMILTON,LES (25641) OFFICER/DEPUTY/TROOPER/POLICEMAN (OFCR) BPST: 15954
Employer: DESCHUTES COUNTY SHERIFF'S DEPARTMENT
HUGHES,PATTY (55622) COMPLAINANT (COMP) Address: 22356 NELSON RD, BEND OR
Phone: 385-7914
HENLEY,GARY CLINTON (50603) SUSPECT (SUSP) DOB: 08/20/1935 Address:
62975 POWELL BUTTE RD, BEND OR 97701 Phone: 382-9141
M.O. & Suspect codes:
75 LOCATION = DEVELOPED FARM LAND/PASTURE
Shift: D Grid: B2 Status: P
Report entered by:
CJJ 16:43 11/07/88 64
Stolen Property
EVD ALL PROPERTY IN CUSTODY / EVIDENTIARY PROPERTY: DOG, BLACK
AND WHITE BORDER COLLIE CROSS PUP IMPOUNDED AT THE BEND HUMANE
SOCIETY ON 27TH ST
$0
0094 0559
DESCHUTES COUNTY
SHERIFF'S DEPARTMENT
DETAIL PAGE
Page: 1 16:44:00 07 NOV 1988 Case: 88-2636
Clearance: Distribution: DCSO
COUNTY LEGAL DEPT - KAREN GREEN
[ J
Reported Date/Time: 11/04/1988 15:30 lOKl
Occurred Date/Time: 11/04/1988 15:30
Reporting Officer: HAMILTON,LES BPST# 15954
NARRATIVE :
On 11/04/88, at about 3:30 p.m., I responded to 22356 Nelson Rd. by request of
the 9-1-1 center in regards to two dogs chasing livestock. Upon arrival, I
observed two black and white dogs next to several cows, penned, in one corner
of a corral area just east of the complainant's address. Shortly after my
observation, Mrs. Patty Hughes, the complainant, came out of her residence. I
then asked Mrs. Hughes if the dogs in the field to the east of her residence
were the dogs in question. Mrs. Hughes then stated "yes, those two dogs were
chasing the cows on that property". I then asked Mrs. Hughes if she knows who
might own the two dogs. She stated "No, but they have been in the area several
times chasing livestock", not only in the field adjacent to her residence, but
in the one across Nelson Rd. to the south. She then expressed interest that
the dogs may return and chase her horses as well. Shortly after our conver-
sation, the two dogs, black and white in color, were leaving the area of the
cattle and coming in the direction of Mrs. Hughes residence. At approximately
50 to 75 yards away, the largest of the two black and white dogs ran off in a
norther1v direction. Soon after its departure, I had lost track of the
direction of travel of this dog. At this time, I got into my animal control
vehicle, drove the area south and north, in hopes to relocate the black and
white dog. I canvassed the neighbors and all of the neighbors that were
questioned advised that they had not seen the dog in their area, nor did they
know where the dog belonged. After about 45 minutes to an hour of canvassing
the area, I then disregarded and drove to the Bend Animal Shelter and
impounded one pup, black and white, border collie cross for the charge of
chasing livestock.
tI
On /05/88, at lpm in the afternoon, I was at the Bend Humane Society Shelter
when I was contacted by a male and female who stated that they were there to
have the white and black border collie released. I then advised them that I
could not release the dog because it was found chasing livestock. I then asked
them if they were the owners of the dog, and they stated no, that they were
just good friends of the owner of the dog and came down to get the dog released
to their custody. I then advised them that I needed to talk to the owner as
soon as possible in regards to this. I also, through brief conversation with
them, aavised them what must be done as far as the Signed Owner Release or the
County Board of Hearings that could arise out of this. They then stated to me
that they would go back to the owner of the dog and advise him to get a hold of
me.
A short time later, while at the Sheriff's Office, Mr. Henley called and
advised me that the dog was his that was impounded at the shelter. We then
tal,1:.2u about the incident, and he agreed to sign a release on the dog in
custodv. At this time, I advised Mr. Henley that I felt very strongly the
other k:c.3 was his that was involved in this incident, however, I was not going
DESCHUTES COUNTY
SHERIFF'S DEPARTMENT
DETAIL PAGE
Page: 2
16:44:00 07 NOV 1988
0004 0560
Case: 88-2636
to pursue that particular dog, but I didn't want to see it out in that area
again. Mr. Henley advised me that would be fine, and that he was getting rid
of the dog, as soon as possible. We terminated out conversation by phone at
this time, to enter upon another conversation by phone, approximately 20-to-30
minutes later. Mr. Henley called to advise me that he had talked to his
attorney, a friend of his, at the riding stables where he was. He advised me
that he had changed his mind, and now wanted the hearings before the board of
commissioners on the incident. I then advised Mr. Henley that would be fine.
At this point, I wanted to pick up the other dog in question. The reason for
this particular statement is that I felt that maybe my witness of the incident
could positively identify the dog. Mr. Henley advised me that he would get
back to me, momentarily. He wanted to confer with his attorney again. He then
terminated the phone conversation.
Some time later, I got tired of waiting for Mr. Henley's return phone call. I
then drove out to the location of Mr. Henley, off of Torkleson Road, at the
Loomis Ranch Stables. I then met Mr. Henley and his attorney in the barn area,
where I advised him that I needed to have a decision on whether or not he is
signing a release on his dog. There was quite a conversation at this time,
between his attorney and myself. He felt that I was plea bargaining with the
other dog, which they now have taken out of the county. They insisted upon a
hearing. I advised them that I was not "Plea Bargaining" with the dog, but
that I wanted the other dog, in hopes that it would be identified as one of the
dogs that was engaged with the livestock. Mr. Henley and his attorney ( name
unkncwn) then began asking me to just release the dog. Mr. Henley's attorney
advised me that he would just call Lois Prante on Monday, and have a talk with
her. He felt that the commissioners would just release the dog to him. I then
advised him that I would get the paper work done, and we would just have the
hearings on it. Shortly after this conversation, I invited Mr. Henley out
toward my vehicle. (Outside of the barn area.) I issued him a citation for
allowing two dogs to trespass on the private property, and also for chasing
livestock (times two) for $50. The citation for trespassing is because Mr.
Henley did advise me earlier, in our phone conversation that he did turn both
of his dogs loose, and that I felt that both of the black and white dogs were
his, and that they were trespassing on private property other than the owners,
and were chasing livestock.
After issuing the citation, I returned to the Sheriff's office to start writing
my report. I then called my complainant, Mrs. Patty Hughes, to inform her that
this was going to go to a hearing. She advised me that the attorney for the
suspect had already called her and asked her to please be careful with her
words. Did she in fact see the dogs chasing the livestock or were they in fact
hurting the livestock. We had a very short conversation, but Mrs. Hughes did
make a statement to me that after I left her property to pursue the other black
and white dog, I did circle her house and go back in the direction of Mr.
Henley's residence. Mrs. Hughes also stated that she was positive it was the
same clog engaged with the cows on the adjacent property earlier.
END OF REPORT
0094 0561