Settlement reached in Dayton dog mauling death of Klonda Richey.

Six years after the mauling death of Klonda Richey, a settlement has been reached between the family of Ms. Richey and Montgomery County Commissioners.  Montgomery County will pay Richey's sister and brother 3.5 million dollars.  Montgomery County commissioners are expected to approve the settlement on March 31st.  The settlement will allow Montgomery to avoid a messy trial in the wrongful death case.  Per the Dayton Daily News " “This lovely lady passed away. You never get over that,” said Montgomery County Commission President Judy Dodge. “But it has been dragging on for a while … Nobody wants to go through a trial.”  

No, Ms. Dodge, this lovely lady did not peacefully "pass away" she was brutally mauled to death by her neighbor's dogs and her death was predictable, she predicted it herself.   Per the attorney representing the Richey estate  “The evidence is clear that Ms. Richey experienced prolonged conscious pain and suffering prior to her death.”

  Photo by WKEF News of the snow in front of Klonda Richey's home saturated with her blood.


Ms. Richey's thirteen complaints to the then County Dog Warden Mark Kumpf, made from 2012 until the time of her death in 2014, received no response other than sternly worded post-it notes left on the door of neighbors and dog owners Andrew Nason and Julie Custer. There was absolutely no follow-up to these post-it notes because Kumpf was "unaware" that follow-up was required.  Here is a quote from Kumpf, the link is no longer live.  " Per WDTN  Numerous warnings were left for the dog owners at 35 East Bruce Avenue, but no action was taken. Kumpf says a warning is simply a notice that an officer responded to a complaint. There’s really no follow-up after that unless the owner calls the Animal Resource Center to find out more." This is the problem, zero follow- up. No Dangerous Dog designation was ever produced, no fines, no containment orders, no orders to obtain insurance.  This was the typical response to complaints made to dog warden Kumpf, a dog warden with multiple human fatalities in his county during his watch due to his refusal to enforce the law.  Please read the 2016 ruling from the Court of Appeals of Ohio Second Appellate District Montgomery County for an eye-opening explanation of Kumpf's business model.  That model included, in addition to the refusal to enforce the law, refusal to answer phone calls, destruction of records, instructions to his staff to write fewer citations and zero follow-up to post-it note citations.

Unlike most high-dollar settlements, this one will result in actual payment.  This payment may set a precedent for other victim-led lawsuits against other city Animal Control departments where priority currently favors inaction (sloth) protecting the owners of violent dogs over the safety of the public.   Will it change how laws are enforced?  Less sloth and more actual protection for peaceful people in their own communities?  What a refreshing change this would be.

Montgomery County went into damage control overdrive after the Dayton deaths of Richey and 7-month-old Jonathan Quarles Jr, killed by a relative's pit bull that was known to the Montgomery County Animal Resource Center as a dangerous dog but was allowed to remain in the community. In an effort to salvage their reputation Montgomery County Commissioners sponsored a two-day seminar for law enforcement and animal control officers from all over Ohio, links are no longer live.  Per WDTN News " Officers, along with animal shelter employees, and municipal and county prosecutors met inside Sinclair Community College for a seminar to discuss ways to improve the response and investigation of dog mauling cases. The group also took time to discuss changing and adding legislation and asking legislators to strengthen dog laws."  The seminar was held prior to the Dayton pit bull mauling death of Maurice Brown.  Dog Warden Kumpf failed to attend?  Was asleep in the back row? 

Bills strengthening Ohio dog laws still languish in committees in the Ohio State House to the shame of all Ohio lawmakers. 

But, I digress.  Allowing Kumpf to remain in his position for years after his failures became public knowledge and holding a seminar for Animal Control professionals did little to protect the interests of the Montgomery County Commissioners or soften the blow to local taxpayers. This is a big lawsuit and it should have a big impact.  


Mark Kumpf at the time of his firing by Montgomery County commissioners.  Kumpf is now serving as head of Animal Control in Detroit, another city where death by dog mauling is a sad reality. Of all the possibilities, Detroit decided that Kumpf was the best choice to head their mess of an animal control department? 

Mark Kumpf finally out as Montgomery County Dog Warden. Why did it take this long?

Mark Kumpf, the County Dog Warden in Montgomery County Ohio, who certainly makes the short list for any honors consideration for inept dog wardens, will no longer be employed by Montgomery County. Per the Dayton Daily News
"Montgomery County’s parting with longtime Animal Resources Center Director Mark Kumpf will put the beleaguered facility on a new trajectory to improve the outcome of animals in its care, both county officials and animal welfare advocates said Tuesday. 

“We feel that 2019 is going to be a transformative year for our Animal Resource Center,” said Montgomery County Administrator Michael Colbert said a day after announcing Kumpf’s employment with the county would end Friday. 

“We heard the community’s concerns, and we are making the necessary changes to address them,” he said. “Our primary goal is to improve our shelter operations, so that we can better serve our citizens and meet the needs of the animals in our care.”  

This is certainly good news.  Mr. Kumpf has been in his current position since 2006 and has the dubious honor of recording FOUR dog attacks fatal to humans in his county on his watch. Is this a record?

Why wasn't he fired after the death of Klonda Richey, the second fatal attack during his time in Montgomery County?  Richey was killed by her neighbor's dogs, dogs that she reported menacing and running at large over and over and over.  The response of the Montgomery County Animal Resource Center's staff, led by Kumpf, was to post sternly worded post-it notes on the dog owner's front door.  There was never any follow up and the dogs eventually killed Klonda Richey as she predicted.  The best Kumpf could do for Richey was place her cats after she died.

It is our understanding that the lawsuit against Kumpf filed by the family of Klonda Richey will continue to go forward.  Below is text from the ruling allowing the family to sue Kumpf personally. This quote begins on page 3 of the ruling. This is stunning stuff.   

  {¶ 5} In July 2006, Defendant-Appellee, Mark Kumpf, was hired as the Director of the Montgomery County Animal Resource Center (“ARC”) and as the Montgomery County, Ohio, Dog Warden. Kumpf was still serving in those capacities at the time of Richey’s death. Kumpf had been involved in animal control since the early 1990’s, and had changed his philosophy from an “enforcement mode” to an “education mode.” In the enforcement mode, Kumpf’s approach had been to see how many animals he could pick up, how fast the animals could be gotten off the road, and how many summonses he could write. In this mode, he averaged 100 to 150 citations per month. In contrast, Kumpf’s education approach involved issuing fewer summonses and focusing citations on the more serious cases. {¶ 6} After Kumpf came to Montgomery County in 2006, he changed the focus of the ARC from enforcement to education. The number of citations issued to citizens dropped by more than 33 percent in the first two years of his tenure. At first, Kumpf’s bosses were concerned about a drop in revenue. However, Kumpf pointed out that he had taken in 2,000 fewer animals, and that licensing and adoption revenues had increased. {¶ 7} Kumpf also instructed his deputy wardens to write fewer citations because he believed the courts were not doing their job, and were notoriously unhelpful with citation fines and enforcement. In the two years before Richey’s death, out of more than 20,000 calls about animals, only about 697 (about 3.4 percent) resulted in citations. Of 60,000 dogs in Montgomery County, only 12 were designated as “nuisance” or -4- “dangerous” dogs in 2013. {¶ 8} Kumpf was under the impression that before an animal control officer can issue a citation for a “dog at large,” the officer must witness the dog off an owner’s property and not under the owner’s immediate control. However, at Kumpf’s direction, officers were not patrolling. In addition, also at Kumpf’s direction, dispatchers routinely refused to answer phone calls requesting service during business hours. Instead, dispatchers pushed a “divert” button on the phone and calls were sent to voicemail. All of the calls Klonda Richey made to ARC went to voicemail. {¶ 9} Richey made about 13 calls to the Montgomery County Regional Dispatch Center and at least 13 calls to ARC to complain about Nason’s dogs. The problems were severe enough that Richey paid to have a fence installed between the two houses and to have a security camera pointed at Nason’s home to capture video surveillance of the dogs entering her property unrestrained and off leash. In one of the calls, Richey reported that Nason “let his aggressive pit/mastiff run loose while she was walking to work and threatened to let it have her for a treat.” Doc. #13, First Amended Complaint, ¶ 14. According to Kumpf, he met with ARC officers daily to discuss calls that had been received. As a result, Kumpf would have been aware of Richey’s calls and complaints."



It should be noted that Kumpf was also part of the team that brought changes to Ohio's laws regarding dangerous dogs in 2012.  Mr. Kumpf, as treasurer of the Ohio County Dog Wardens Association and Matt Granito as president of the organization, actively supported HB 14, written by out of state special interest Best Friends Animal Society of Kanab Utah and introduced by Toledo Representative Barbara Sears.  Kumpf and Granito, both closely associated with Best Friends, used the name of the Ohio County Dog Wardens Association while supporting the bill without actually consulting the rank and file of the group.  Many county dog wardens had serious concerns about the bill.  Those concerns proved valid.  Since passage of HB 14 in 2012 (not quite 7 years) sixteen Ohioans have been mauled to death by dogs in our state, three in Montgomery County alone.  In the DECADE prior to passage of HB 14 Ohio had five fatal attacks. Think about that.

Why did this take so long?

12/19/2018 update.

There was no tactful resignation.  Kumpf was involuntarily terminated by the county. 

Wrongful death lawsuit against Montgomery County Dog Warden Mark Kumpf filed by the family of Klonda Richey may go to trial.

This is interesting, and appropriate.

Mark Kumpf, Montgomery County dog warden will face a wrongful death lawsuit filed by the family of Konda Richey.   The court's 41 page opinion can be found here.

Per the Courthouse News Service " Mark Kumpf was the dog warden in Montgomery County. Earlier in his career, he emphasized enforcement, writing an average of 100 to 150 citations per month.
     When Kumpf took the Montgomery County job in 2006, he changed from "enforcement mode" to "education mode."
     Only 3.4 percent of calls resulted in citations in the two years before Richey's death, according to an Ohio Court of Appeals ruling filed last week. Also, only 12 of the county's 60,000 dogs were considered "nuisance" or "dangerous" dogs in 2013.
     Richey called the county's animal resource center 13 times about the dogs belonging to Andrew Nason and Julie Custer, but all of her calls were sent to voicemail.
     In one of her calls, Richey said Nason "let his aggressive pit/mastiff run loose while she was walking to work and threatened to let it have her for a treat," her estate claims.
     Richey also reportedly complained that the mailman refused to deliver mail on her street and that a pit bull owner had taken his dog off his chain and ordered it to attack her.

Quick review, Ms Richey made 13 complaints to the Animal Resource Center and 46 calls to Dayton Police.  Click here to read the records of the Montgomery County Animal Resource Center. You will find records of sternly worded warning post-it notes left on the door, and animal control officers who knocked on that door.  This is proactive enforcement?  Mr. Kumpf stated to WDTN News that he has no protocol for followup after the sternly worded post-it note is affixed to the dog owner's front door. Per WDTN "Per Numerous warnings were left for the dog owners at 35 East Bruce Avenue, but no action was taken. Kumpf says a warning is simply a notice that an officer responded to a complaint. There’s really no follow-up after that unless the owner calls the Animal Resource Center to find out more.This is the problem, zero follow- up.

Richey asked for a court order of protection but was refused, video available here.  She built this fence, hoping it would protect her.  Unfortunately, it did not.
 

The scene of Klonda Richey's death.

   

 The Second District Court of Appeals reversed the decision of the trial court, that only owners and those who harbor dogs can be held responsible.  It was reported that the Court of Appeals reviewed hundreds of  Ohio cases on liability issues prior to their decision that the family of Klonda Richey's lawsuit may proceed.   . 

Will the family of Jonathan Quarles Jr. file a similar lawsuit? Just six months after the Dayton death of Klonda Richey,  the city of Dayton was again the scene of a violent dog mauling death, this time a seven month old infant visiting from out of state.  The pit bull that killed seven month old Jonathan had previously attacked a mail carrier leading to charges that brought pit bull owner Kimiko Hardy to a mandatory responsible dog owner education class at the Montgomery County Animal Resource Center, headed by dog warden Kumpf.  Not long after the class Hardy's pit bull attacked a peaceful dog on a leash being walked by Hardy's home.  This attack brought additional charges against Hardy but the case was postponed by the Montgomery County prosecutor.  Why?  No one knows. This same dog very quickly went on to attack and kill Jonathan Quarles Jr. inside Hardy's home.  Hardy was step grandmother to the visiting child.  Hardy was convicted on six felony counts and sentenced to three years in prison.  Hardy's dog was well known to the Montgomery County Animal Resource Center, headed by Mark Kumpf, but was allowed to remain in the community and went on to kill a child.  The Quarles family has every right to hold the Montgomery County dog warden responsible for failure to protect the safety of the public.  

Jonathan Quarles Jr.

Dog Warden Kumpf. 
He may be the only dog warden in the United States to have two fatal attacks in his district within a six month time frame.  Was he fired after the first fatal attack?  No.  Was he fired after the second fatal attack?  No.  The Montgomery County commissioners gave him a raise "because he had a  difficult year."

Klonda Richey

Will the charges against Kumpf FINALLY be enough to convince County Dog Wardens in Ohio to elect someone else president of their organization? 

Dayton disgrace

Dayton residents were appalled by the actions of the Montgomery County Commissioners when they refused to fire Montgomery County dog warden Mark Kumpf after the mauling death of Klonda Richey in February of 2014.  Ms. Richey had made dozens of complaints about her neighbor's dogs and the response of the Montgomery County Animal Resource Center, headed by Mark Kumpf, was to put sternly worded post-it notes on the front door of the dog owners with absolutely zero follow up.  Klonda Richey also went to the courts for protection but was, astonishingly, refused a protection order and never offered the opportunity to file an affidavit on the dogs.  Klonda Richey made the statement "those dogs are going to kill me" and she was right.  Klonda Richey's violent and bloody death brought international attention to the city of Dayton Ohio.


Photo of the scene of Klonda Richey's death.

Dog warden Kumpf claimed that Ms. Richey's death was a "tragic accident" and despite the public record of Richey's complaints, Montgomery County officials stood behind him.

Fast forward to July of 2014 and Dayton had another fatal dog attack, this time a seven month old baby in Dayton for a family visit.  Click here for more information on the mauling death of Jonathan Quarles Jr. This part is important, the Staffordshire Terrier (pit bull) that killed little Jonathan Quarles Jr. ALSO had a record with the Montgomery County Animal Resource Center.  This one had menaced a mailman and the USPS reported it.  The Montgomery County ARC staff "educated" the owner, yep, that will solve the problem.

Well no, actually it did not solve the problem.  That very same pit bull attacked a leashed dog being walked in the neighborhood.  The Montgomery County ARC responded with charges BUT the hearing on those charges was postponed, for no apparent reason.  Just days after the date of the postponed hearing the pit bull mauled a seven month old baby to death.

Someone will correct me if I'm wrong, but I think Kumpf has to stand alone as the only dog warden in history with TWO fatal attacks in a six month period, all dogs involved having prior histories with county animal control and no definitive action taken.

What is the result?  Glad you asked.  The Montgomery County Commissioners have given Mark Kumpf a RAISE!

In an article titled "Montgomery County dog warden praised after 'difficult year."
From the Dayton Daily News "The head of the Montgomery County Animal Resource Center has received a pay raise based on a good 2014 job evaluation — a move criticized by some residents who say the agency did not do enough to prevent two fatal dog attacks last year.

Mark Kumpf, director of the Animal Resource Center, was given a wage increase of 2.5 percent, from $80,562 a year to $82,576. This decision has angered family members, friends and neighbors of Klonda Richey, who was mauled by two mixed-mastiff dogs in February, 2014, outside her Dayton home.

  Mark Kumpf publicity photo

Klonda Richey had several "difficult years" ending in her violent death.  At only seven months old, Jonathan Quarles never had time for a "difficult year" or the joyous years of a normal childhood.

The family of Klonda Richey has filed a lawsuit against Montgomery County and Mark Kumpf.  The Quarles family has the right to do the same.  I suspect the liability in the Quarles case would be huge since the county had reason to know that their animal control department was not protecting the safety of the residents of the county.

Don't miss the video with this news story on Kumpf's raise.

Mr. Kumpf is a liability to Montgomery County and to the Ohio Dog Warden's Association as well, Kumpf remains president of that organization.  The OCDWA cannot be taken seriously when they retain an internationally disgraced dog warden as their president.    

Lets not forget the victims of Kumpf's failure to act.


Klonda Richey



Jonathan Quarles Jr.

Click here for an interesting bit of video of a Dayton woman who got the sternly worded post it notes on her front door.  Note that Montgomery County ARC never followed up on the tickets AND they did not even respond to her phone calls.

Click here for more thoughts on Montgomery County.

Kumpf got a RAISE based on a good evaluation "after a difficult year"?  What planet do these people come from?

Wrongful death lawsuit naming Montgomery County officials including Dog Warden Mark Kumpf, not shocking.

No one was surprised at the news from Dayton Ohio on Friday.  A wrongful death lawsuit has been filed by the estate of Klonda Richey against Montgomery County, the Montgomery County Commissioners, Montgomery County Dog Warden Mark Kumpf, and the Montgomery County Animal Resource Center.

On the anniversary of Klonda Richey's death neighbors and friends gathered for a candlelight vigil, this vigil was unlike those held by pit bull advocates to publicize the fate of pit bulls humanely euthanized in Ohio shelters.  The February 6th vigil memorialized a woman well thought of in her community and loved by her friends and neighbors.  The vigil memorialized a woman brutally mauled to death by her neighbor's dogs, dogs that she complained of dozens of times to both the Montgomery County Animal Resource Center and to the Police.  Dogs that left Klonda Richey's body naked and bleeding in the snow in front of her own home.  The vigil memorialized a frightened woman who took her fears to the Montgomery County courts asking for a protection order but was refused that protection, a woman failed by the system in Dayton.

The death of Klonda Richey brought international attention to Dayton Ohio, and to the sad state of animal control in Montgomery County Ohio.   The story unfolded to reveal dozens of calls by the victim to Dayton police and to Montgomery County Animal Control, led by Mark Kumpf who is also the current president of the Ohio County Dog Wardens Association.  Kumpf's protocol called for nothing more than sternly worded post it notes affixed to the front door on Richey's next door neighbors and owners of the dogs that killed her.


For more information on the fatal attack on Klonda Richey please click here and here.

For information on what the Ohio Revised Code would have allowed Mr. Kumpf to do to protect Klonda Richey please click here.    Please note the discussion of affidavits as allowed by current Ohio Revised Code but never offered to Klonda Richey.

This material was covered in a Pit bull Roundup in November but it fits here as well.  Note the new attitude toward affidavits.  Wow, who would have thought?
10/9/2014
Dayton Ohio 

Montgomery County is in damage control overdrive.  A two day seminar was held in Dayton for law enforcement and animal control officers from all over Ohio.  Per WDTN News " Officers, along with animal shelter employees, and municipal and county prosecutors met inside Sinclair Community College for a seminar to discuss ways to improve the response and investigation of dog mauling cases. The group also took time to discuss changing and adding legislation and asking legislators to strengthen dog laws."

I find it strange that there was no mention in the news story on the seminar of the mauling death of seven month old Jonathon Quarles Jr. mauled to death by his step grandmother's pit bull, inside her home in Dayton on July 20, 2014. The dog had a history of menacing a postal service employee and attacking a leashed dog being walked down the street. Montgomery county did not have ONE fatal attack in 2014, it had TWO fatal attacks.  The dogs in the first attack had dozens of complaints against them with no real action taken by animal control.  The dog in the second fatality had been cited by Montgomery County animal control twice. Damage control is needed here. 

A hot tipper tells me that part of the presentation by one Montgomery County official discussed the use of affidavits from the public regarding dangerous dogs in the community.  An affidavit form has been provided to dog wardens.  The Ohio Revised Code has always allowed the use of affidavits, as we discussed back in February.  Please click here for a refresher. Why did it take two deaths to get to this point?  Will Ohio lawmakers act on the requests for change in the ORC in order to better protect the safety of the public.  Quick review, Ohio has had nine fatal dog attacks since the passage of HB 14, the bill that would "finally give dog wardens the tools to deal with dangerous dogs." 

Jonathan Quarles Jr, age 7 months.


For information on the owner of the dogs that killed Klonda Richey please click here.


For the thoughts of another blogger on the state of animal control laws please click here.

For Klonda Richey's actual complaints on the dogs that killed her please click here.

For information on the lawsuit against the dog owners please click here.

For a bit of information on the grand jury please click here.  Spoiler alert there were no charges.

For a discussion of Dayton politics and investigations as they impacted the mauling death of Klonda Richey and Jonathan Quarles Jr please click here.  

For a bit of background information on Mark Kumpf's participation in the Best Friends Animal Society funded effort to pass a Best Friends Animal Society written bill to deregulate pit bulls in the state of Ohio please click here.

For those of you who might have just finished reading the review of Mark Kumpf's involvement in the passage of HB 14, I have a final bit of trivia. Below is a comment posted by the Lucas County Pit Crew, note the date.  The Senate Hearing on HB 14 was December 6, 2011. Jean Keating is president of the Lucas County Pit Crew and she turns up in the blog frequently, she is Ohio's breed specific advocate.  She breathlessly reports that she, Ledy Vankavage, legal representative of the out of state PAC that wrote HB 14 and a registered lobbyist for that organization, Matt Granito who was president of the Ohio County Dog Wardens Association, Mark Kumpf who was treasurer of the Ohio County Dog Wardens Association and is now president of that organization went out for an apparent high five celebratory dinner accompanied by the faux "service pit bull in training" Wendy.  How wildly inappropriate given the status of the bill at that time.  Links to background material on Wendy are below.

Lucas County Pit Crew

December 7, 2011 · 

Wendy rocked the Statehouse and made tons of new friends. She especially enjoyed dinner with Ledy VanKavage and dog wardens Matt Granito and Mark Kumpf. You've come a long way Wendy:)

https://www.facebook.com/permalink.php?story_fbid=245688675498714&id=132006960144997

Wendy makes an appearance at the Statehouse in June of 2011, identified by Jean Keating as a "service dog in training" 

Wendy returns to the Statehouse in December of 2011.  She turns up late in this post.  You are free to read the whole post but this is the part that deals with Wendy the "service pit bull in training."

"I will close this post with the story of Wendy the "Service Pit Bull in Training." Wendy made a personal appearance at the December 6, 2011 Senate hearing on HB 14.  She was brought into the hearing room by Jean Keating. There was nothing subtle about Wendy's entrance, it was "enthusiastic" for lack of a better word. The white pit bull made a bee line for the row of seated pit bull advocates. She was welcomed by each one of them, it appeared that each one of them had food for the dog. Keating began to speak, Wendy paid no attention to her whatsoever.

"I have brought Wendy with me today. Wendy is being trained as a service animal for a young child with post-traumatic stress disorder, sensory integration dysfunction, low muscle tone, and panic attacks. Wendy was chosen because she has the temperament and physical characteristics to perform the work needed to assist this child in leading a more normal life. Those same physical characteristics currently identify Wendy as a vicious dog under Ohio law. The American Staffordshire Terrier, which is a breed commonly referred to as a pit bull type is a popular choice for a service animal because of some unique qualities. They are hardy, athletic, and very socially connected dogs. They are also very easy to train as they are eager to please."


During Keating's testimony Wendy stood at the end of her leash and looked about the room, wandering a bit and returning to her line of friends, and their handsful of food. Wendy proved to be such a distraction that Keating was unable to remain in the hearing room after her testimony. She took Wendy out into the hall, where Wendy killed time by barking.

Interestingly, this was not Wendy's first appearance at a Statehouse hearing. Wendy accompanied Keating to a hearing in the Ohio House in June of 2011.  Actual service dogs in training are taught to remain quiet, lay down upon command, not seek attention or food from strangers, and focus attention on their handler. Wendy had none of these skills in December, what kind of "training" did she receive in the previous six months? This dog was chosen because she was "easy to train and eager to please?" 

                                                        * * *

For Wendy's actual identity please click here.  Read the identifying information under the photo of Jean Keating and her three pit bulls.  Wendy appears in the is photograph and is clearly identified as just one of Keating's personal pets.  

                                                       * * *    

Well, this post has covered a lot of ground.  Many Ohio residents are looking forward to new bills promised by Senator Bill Beagle to fix the HB 14 mess.  Representative Winburn's HB 541 had a great deal to recommend it and it is hoped that it will reappear under the sponsorship of Minority Leader Fred Strahorn.  

Klonda Richey deserves to be remembered, honoring her memory by passing laws that will protect the public seems appropriate.  

The sentence is 15 years to life. Own the breed? Own the deed.

Last August California pit bull owner Alex Jackson was convicted of second degree murder in the 2013 mauling death of Pamela Devitt.  The jury took less than a day to reach that verdict. Jackson was sentenced today, 15 years to life.  He has been in jail since Mrs. Devitt's horrific death.

Jackson was also convicted of three drug related charges, he grew marijuana, sold it and possessed it.


Alex Jackson, dressed in orange, as he will be for at least the next fifteen years.

Klonda Richey's death will bring no charges other than failure to control.  For more information please click here, and here.

Dayton corruption, incompetence, and lies.

Here are some additional thoughts on the failure of the Montgomery County Prosecutor to bring meaningful charges against Andrew Nason and Julie Custer, owners of the dogs that mauled Klonda Richey to death last February.  Some thoughts on the Dayton pit bull mauling death of seven month old Jonathan Quarles Jr in July as well.  For additional information on the function of the prosecutor in grand jury proceedings please click here.

This is a quote from ABC22 on the reason for failing to indict  "On Thursday, a grand jury declined to indict Nason or Custer on involuntary manslaughter and reckless homicide charges. Montgomery County Prosecutor Mat Heck Jr. said there wasn't enough evidence or any witness testimony to support indictments."

This statement is a stunner.  Not enough evidence or witness testimony....  I'm going out  on a limb here because I don't have actual statistics but I strongly suspect that in most cases there are no witnesses to testify in homicide cases.  It just seems to make sense to avoid having witnesses. Having said that, there has been absolutely zero confusion on how Ms. Ritchey died.  Every news source, and the Prosecutor's report (link below) clearly state that she was killed by Nason and Custer's dogs.

I think most homicides are solved by police work, work that was fairly easy in this case.  Police were called by neighbors who stated that there was a naked body on the ground and the dogs were near the body.  When police arrived the dogs were so aggressive toward them that the dogs had to be shot . Police have a technical term for this, it is called a ** clue **.  There was never any question about who owned the dogs shot by police.  Another ** clue **.  News reports quickly found a great number of complaints by the victim about these very dogs, in fact Richey made 13 complaints to Montgomery County Animal Control, headed by dog warden Mark Kumpf and she made 46 calls to the Montgomery County Regional Dispatch Center between December 2011 and the time of her death.  More  ** clues **.  To view Montgomery County Animal Resource Center's records of Richey's actual complaints click here. Another ** clue **.  Ms. Richey also took her concerns to the Montgomery county courts asking for a civil protection order against her neighbor Andrew Nason.  You can watch 43 minutes of videotaped testimony by clicking here.   A ** clue **.  Ms. Richey was so concerned about the threats from her neighbors that she had video surveillance cameras installed and showed the court video of Nason menacing her with his dogs.  You can view some of the surveillance video by clicking here.  Another ** clue **.  Ms. Richey's request for a protection order was denied, Magistrate Kristy Wuebben was "unavailable" for comment. Figures.

Quick review, Ms. Richey took her concerns to Animal Control, the Montgomery County courts, and to the Dayton police.  She provided actual video to back up her complaints and was ignored.  In addition to the surveillance cameras Richey had a fence put up for protection from Nason, Custer, and their dogs.  Here is a photo of the fence, one does not put up this kind of double walled enclosure for no reason.  Hint, this may be another ** clue **.  The dogs that she was afraid would kill her did, in fact, kill her.
  

Montgomery County Prosecutor Heck could not make a case with all of this?  What?????
The actual report generated by Prosecutor Heck can be seen on his Facebook page. Click here.

Prosecutor Heck stated that the death of Klonda Richey was a "tragic accident."  These are the same words used by Dog Warden Mark Kumpf to describe Richey's death.  Per WHIO News, Heck makes reference to changes in the law which will be discussed below "It  is my hope that further review for possible charges under the city of Dayton ordinances along with possibly amending some laws, and enhanced training will make a difference and help to avoid another such tragic accident."    Here is Kumpf's statement.
Per WDTN News "Montgomery County Animal Control Director Mark Kumpf said the mauling death of Klonda Richey could not have been prevented.

“This is a tragic accident and there is nothing foreseeable or doable to prevent a situation like this from happening,” said Kumpf.  Numerous warnings were left for the dog owners at 35 East Bruce Avenue, but no action was taken. Kumpf says a warning is simply a notice that an officer responded to a complaint. There’s really no follow-up after that unless the owner calls the Animal Resource Center to find out more.  “Whether we respond to one complaint or 13 complaints or any other number of complaints, unless we find a violation when we arrive that has enforceable component to it, it’s simply a call.”

For a link to suggestions for actions that might have been used by Mark Kumpf to protect Klonda Rickey Please click here.  

Montgomery County officials have a strong interest in protecting the county from any lawsuit that might propose county legal and financial responsibility for Mrs. Richey's death.  If her death is prosecuted as a crime then the likelihood of Montgomery County Dog Warden Mark Kumpf being called to testify becomes very real.  The failure of Kumpf to protect Richey after thirteen complaints to the Montgomery County Animal Resource Center and 46 calls to Montgomery County Regional Dispatch Center about the dogs is damning to Kumpf and to the county as well.  It is notable that there were also complaints against the Dayton pit bull that killed seven month old Jonathan Quarles Jr.in July.  Prior to killing Jonathan the pit bull also charged a mailman in April and attacked a Beagle in June. This quote from WLWT News " WLWT tried getting answers from the Animal Resource Center in Montgomery County as to why this dog was never taken away, but calls were not returned."  

This statement from the owner of the Beagle “I think they should’ve taken the dog a lot sooner,” Crickmore says. “I think it’s a real tragedy that it took the death of an innocent baby to take the dog away.”

Just days before the attack, Crickmore  said the case of the first attack was to be settled. It was a settlement she said would include forcing the owner to get rid of the dog. But instead a motion was filed to push the case’s second pretrial back to August."

It is in Montgomery County's best interests to call these predictable deaths "accidents" and the Prosecutor is on board with this.  I can find no specific information on how the Montgomery County Prosecutor is chosen.  Elected or appointed by County Commissioners?  Here is a link to information on Prosecutor Heck.  Here is his mission statement.  "Our mission is to protect the rights, property, and well being of citizens of Montgomery County Ohio through effective and efficient prosecution of criminal offenders and accurate and timely legal advice and counsel to county and township officials. Whether you are a victim, a witness, a taxpayer, a voter, or an interested citizen, I would like to assure you that my staff and I are at your service."  Below that statement is a link to an ironically titled program called "Help Victims Become Survivors."  Klonda Richey and Jonathan Quarles Jr. did not get the chance to participate.

The Montgomery County County Commissioners stand behind Kumpf.  To do otherwise would open the door to lawsuits from the Richey and Quarles families.  In the case of the Quarles family the financial liability to the county would be tremendous.  Kumpf failed in his responsibilities in the death of Klonda Richey but did not improve the processes in his department allowing a known dangerous dog to remain in the home of a known irresponsible owner, sadly, also a family member of the seven month old victim.   Kumpf continues to be employed as County Dog Warden although his public appearances and statements have become few and far between.  Sources inside the community tell me that is a strong sentiment that Kumpf should be fired but Montgomery County Commissioners bumble along blindly, unaware that the death of Klonda Richey has the attention of the world.

Prosecutor Heck makes reference to efforts already underway to modify the mess created by the passage of HB 14 without acknowledging that the changes he and Commissioner Foley "propose" are from a bill introduced into the Ohio House by Representatives Winburn and Blair, HB 541 in the legislative session already ended.  The bill is expected to be reintroduced in the new session with a new bill number.

In a quote apparently from the joint statement from Prosecutor Heck and County Commissioner Dan Foley ""There was no evidence that the dogs had ever bitten or attacked another animal or human. The dogs were never designated as nuisance, dangerous or vicious dogs prior to the incident. After consideration of all the testimony and evidence, the grand jury did not issue a homicide or felony indictment in this case,"

It should be noted that Dog Warden Kumpf would have the responsibility to declare the dogs dangerous but did not do so.

As a final insult to Klonda Richey, the lawyer for Andrew Nason has stated that he intends to fight the trivial failure to control charges against his client.  Given the excuse made by the Prosecutor that there were no witnesses to Richey's death lawyer Jay Adams is claiming that, and this is victim blaming to the highest level, that Klonda Richey trespassed onto her neighbor's property and let the dogs out herself.  PLEASE watch the video of this lawyer.

Klonda Richey was failed by the courts, by the Montgomery County Animal Control department, by the Dayton police, by the Montgomery County Prosecutor.  She died exactly as she feared that she would.  Her testimony from the grave via videotape is eerie.  Failure to revise processes after her death allowed another fatality, a seven month old baby.  The stench of cover up in Dayton reeks.





Klonda Richey

A short post script to this opinion laden piece.
David Glass Sr. of Benton County Ms. was mauled by pit bulls on Saturday.  On Monday the owner of those dogs was charged with culpable negligent manslaughter.

The Riverside Fl. owner of the dog that killed five year old John Harvard  has been charged with criminally negligent homicide.

The Metamora Township Michigan owners of the dogs that killed Craig Sytsma have been charged with second degree murder.

The owners of the dog that killed Javon Dade in Miami-Dade Florida have been charged with manslaughter. Notable here is that the owner of the dog is the father of Javon Dade and the death of little Javon was unwitnessed.

The owner of the dogs that killed Pamela Devitt in Antelope Valley California last year was convicted of second degree murder.

Klonda Richey was forgotten by the system in Dayton as soon as the melting snow erased the blood.

Justice for Klonda Richey

The Montgomery County Grand Jury is expected to reach a decision this week on whether the owners of the dogs that killed Klonda Richey should face criminal charges.

A Dayton area task force has been created to look into possible changes in procedures that might prevent a similar attack in the future.  Per WDTN " Sheriff Plummer said the problem is a lack of communication and too many agencies, with too little power.

“Someone should have seen something is going on here. We are really talking about communication issues, policy issues, you know how are we going to handle situations like this?” he asked.

The newly formed 9-member panel has already met 3 times and is made up of law enforcement, a state representative, local business leaders, a veterinarian, and officials from both the Animal Resource Center and the Humane Society."


Sheriff Plumber has suggested that deputies receive training in animal control so they don't have to rely on Montgomery County Animal Resource Center or Humane Society investigators when dealing with animals.  This would appear to make the services of the Montgomery County Animal Resource Center investigators  redundant. 

As Sheriff Plumber stated "Someone should have seen something going on here" and that responsibility falls to Montgomery County Dog Warden Mark Kumpf.  His policy of leaving a sternly worded post-it note on dog on the front doors of dog owners without any follow up has proven to be an epic failure.   

Please watch the video that goes with the WDTN  news story.  The dogs are no longer being identified as anything other than what Klonda Richel called them herself, pit bull/mastiff mixes.   

It has been reported that state lawmakers are considering changes to the law passed just two years ago "to finally give dog wardens the tools to deal with dangerous dogs."  The law, written by an out of state PAC to suit their agenda has proven to be an epic failure.  Since passage of HB 14 seven Ohio residents have been killed by dogs.   One of those killed was Klonda Richey and she deserved better.  



 

Klonda Richey fatal dog mauling case to go before the Grand Jury.

The Klonda Richey fatal dog mauling will go to the Grand Jury.  Montgomery County Prosecutor Mat Heck Jr. and Dayton police detectives met for about three hours last Tuesday and decided to move forward with this case.  The date when the case will be heard has not yet been announced.

Additional link.

Klonda Richey's actual complaints, there is a LOT going on here.

This is the actual fence that Klonda Richey built to protect herself and her cats from her neighbors dogs, one would think this would be enough.  This double walled containment did not save Klonda Richey's life.


Today we are going to take a look at the actual complaints made by Klonda Richey, and the official records of the Montgomery County Animal Resource Center.  Please click here to see the records, I will discuss them in the order that they appear.

As you read Klonda Richey's complaints I would like you to keep a few things in mind.

First, this section of the Ohio Revised Code found in section 955.12, Dog Wardens.  "Dogs not registered as required by law, the court shall immediately order the warden to seize and impound the dog.  Thereupon the warden shall immediately seize and impound the dog complained of."  Here is the quote in context.  
"Whenever any person files an affidavit in a court of competent jurisdiction that there is a dog running at large that is not kept constantly confined either in a dog kennel registered under this chapter or one licensed under Chapter 956. of the Revised Code or on the premises of an institution or organization of the type described in section 955.16 of the Revised Code or that a dog is kept or harbored in the warden's jurisdiction without being registered as required by law, the court shall immediately order the warden to seize and impound the dog. Thereupon the warden shall immediately seize and impound the dog complained of. The warden shall give immediate notice by certified mail to the owner, keeper, or harborer of the dog seized and impounded by the warden, if the owner, keeper, or harborer can be determined from the current year's registration list maintained by the warden and the county auditor of the county where the dog is registered, that the dog has been impounded and that, unless the dog is redeemed within fourteen days of the date of the notice, it may thereafter be sold or destroyed according to law." 

Second, please note breed descriptions of Nason and Custer's dogs.  They are called by both the victim and animal control as pit bull, pit mastiff mix, mastiff mix and one is called a boxer.  There are no Cane Corsos recorded.

                                                            * * *

On 5/14/12 Animal Control responded to a cruelty complaint regarding one of Nason and Custer's dogs, a boxer puppy.  The dog had been barking and was struck, the complaint stated that the puppy sounded like it was in distress.  Animal Control Officer Baker stated that he spoke with the owner and saw the dog, it did not show signs of pain while he was petting it.  Included in the report was Nason's statement that the complaint was a response to his son "messing with the fence" not concern about the dog. Nason received a written warning.


                                                              * * *

On 8/8/2012 Montgomery County Animal Control responded with a condition and license check to a complaint that a clearly stated "brown pit bull" was loose and had charged the complainant the previous evening.  Police were called at that time but by the time police arrived the dog had been taken back into the house.  The owners did not come to the door when police knocked and as soon as police left the dog was loose again.  Nason and Custer received a warning for this.  As Mark Kumpf, Montgomery County Dog Warden has stated a warning is simply an acknowledgement that ARC has responded to the call and that there is no follow up.  There is no mention of any license check in the remarks.

                                                                 * * *
On 9/26/12 ARC responded to  another complaint about the clearly identified brown pit bull.  This complaint is labeled as "Confinement."    The ARC uses a form with areas asking yes/no questions.  The form indicates that the dog is not a mixed breed but a "pit bull" and that there are no priors on this dog.  Obviously somebody forgot about the 8/8/12 complaint on the same dog.  Comments for this one state that two complaint calls had been left for ARC the previous evening that the dog was loose and very aggressive and that the owner is incarcerated.   Julie Custer got the warning on this one.

                                                                 * * *

On  12/27/11 ARC responded to a condition and license check for a dog with no descriptive information other than noting that the dog is not a mixed breed. Field Activity Records comments indicate that the dog is "very thin, ribs are visible, no food and water is outside."  There is no record of any license check.

                                                                 * * *

On an activity card dated 3/16//13 shows that the "comp states that the dog is loose again and the mailman will not deliver the mail."  The memo section goes on to state "Comp states that the dog is loose again and she has a civil protection order against the owner.  The dog has come after her before and she states that now he will let his dogs loose to go after her and her cats.  She states that the mailman will no longer deliver mail to street because of this dog if it is not taken care of.  There are no current license on file however there are two 2012 licenses on file 29070 male brown mix 29069 for a male tan mix breed.  The dogs were registered to XXXXXXX with a public service of XXXXXXX.  Comp states this animal has attacked her before and she has a civil protection order against the owner."  This is followed by a repetitive statement and concludes with "I knocked on the door but nobody answered.  I hear the dog barking in the house.  I posted a warning."  

Ohio Revised Code allows seizure of unlicensed dogs.  ARC is aware and acknowledges that Nason's dogs are not licensed, at large and menacing residents, and are interfering with the delivery of mail by the United States Postal Service.  Why did Montgomery County Animal Control refuse to take action allowed by ORC?  They "posted a warning"?  Wow...

This activity card is followed by a citation/violation listing a violation of ORC 955.11 "it was reported attacking people and cats."

                                                                * * *

On an activity card dated 5/23/13 showing a call date of 5/21/13 "Comp stated all four dogs were loose and chased her."  The following citation/violation states "Nobody answered the door, did not see or hear a dog." Violations were noted.

                                                                * * *

An activity card dated 5/31/13 regarding a pit bull mastiff deals with the complaint that the dog was left out on a chain with no food or water. The complainant gave the animal food, the owner took the dog off the chain and told the dog to attack the complainant but the dog would not leave the yard.  Richey asked for a return check in two days because she felt that the dog would again be chained at that time.  Did they go back?

The report ends with a notation that the dog was not licensed and has several priors.  ORC allows seizure of unlicensed dogs and seizure of Nason's unlicensed dogs would have saved Klonda Richey's life.  A warning was given, wow.   The citation/violation follows.

                                                                  * * *

Moving on to activity cards dated 7/21/13 and 7/23/13 the complaint is that two bull mastiffs are loose "again" and chasing the complainant.  This is followed by the citation/violation with a violation number on it.

                                                                  * * *

On the 8/5/13 activity card we find the complaint that the owner is now putting the pit/mastiff in her yard to scare her and that there is STILL no license for 2013 and "several priors."  Two warnings were posted but it was noted that "no one was home, did not see any dogs."  The citation/violation follows.

                                                                 * * *

On 9/9/13 the activity card indicates "the brown pit/mastiff is loose on the street, several priors, 2012 licenses."  No one answered the door, no loose dogs.  Two warnings were left.  We have seen just how impressive the warnings are in promoting compliance with law.  The citation/violation follows.

                                                                 * * *

On 9/12/13 "the mastiff was loose again the previous evening, no current license, several priors."  Comments include "no loose dog, no one answered the door." Remember that Ohio law gives animal control the ability to seize unlicensed dogs, this seizure would have saved Klonda Richey's life.

                                                                * * *

The 9/25/13 activity card shows the complaint dated 9/24/13 "the white pit pup is running loose, owner also has two brown mastiffs, several priors."  Nobody answered the door but AC could hear a dog barking. That all important warning was posted.

                                                               * * *

At no time are any of Nason and Custer's dogs called Cane Corsos or Cane Corso mixes as Mark Kumpf has labeled them after the mauling death of Klonda Richey.  This was apparently a post mortum transformation.  All documents dealing with Richey's complaints deal with pit mastiff mixes, pit bulls or mastiffs and one lonely boxer pup.

Does anyone see any real attempt to do the job that the residents of Montgomery County pay animal control to do?  Ohio Revised Code made it Mark Kumpf's job to impound unregistered dogs, this would have saved Klonda Richey's life.

Click here to see surveillance video taken by Richey showing Nason entering her property through her unfinished fence, trespassing, and menacing.  Nason's dogs are shown in Richey's driveway exactly as she stated in her complaints.

Why have charges not been filed in this case?