After the recent dog mauling death of Klonda Richey the Dayton City Commission hears the complaints of Dayton residents regarding neighborhood safety, and lax enforcement of laws regarding dogs.
Dayton lawmakers are in discussion with state lawmakers on ways to fix the mess that HB 14 has created in Ohio. HB 14 was sold to the Ohio Legislature as "finally giving dog wardens the tools to deal with dangerous dogs." Predictably, in practice the law is a failure. One must hope that the out of state animal rights and breed specific advocacy organization that wrote HB 14 is not part of the process of re-writing Ohio law.
Please click here for video of the City Commission meeting.
Friday, February 21, 2014
Wednesday, February 19, 2014
Klonda Richey had good reason to be afraid of her neighbors.
Andrew Nason is no stranger to booking photos. Nason's booking photo taken when he was charged with child endangerment in 2012.
This one was taken after Nason's dogs killed Klonda Richey in 2014.
Some things don't change much.
A search of Dayton Municipal Court records shows a long list of charges and convictions for Andrew Nason including guilty verdicts for drug abuse, assault, criminal trespass, driving an unsafe vehicle, and a 2011 robbery charge with no final information. That section ends with the note "bound over to the grand jury." There are requests for three different protection orders prior to the request made by Klonda Richey, none were granted. Andrew Nason is apparently the most fortunate felon to ever prance through the Montgomery County justice system. You can google Dayton Municipal Court records to verify this information, a local reporter discusses them here.
There is no question that Andrew Nason is a violent felon with drug convictions. The competent reporters at Fox 45 easily found the records and staff at the Montgomery County ARC could easily have done the same at any time if they had the slightest interest in exactly what was going on with over a dozen complaints about dogs at the same address.
Nason's child endangerment charges do not appear in court records but the local news station stated that they are still pending. It should be noted that Nason did not call 911 requesting assistance for the critically injured child for 30 minutes following the injury.
A photo of the child at the time she was hospitalized was posted on the mother's Facebook page. The photograph showed a sweet faced little girl, on a ventilator, with a tube placed through her nose into her stomach to allow her to be fed while she was in intensive care. A later update on the page indicated that the child would have a feeding tube surgically inserted through the abdominal wall directly into the stomach, a more permanent arrangement. There is no indication that this child has been returned to her mother's care.
An additional photo posted by Custer showed another child from this family with 50 stitches in his forehead "because he fell into a wall." The pictures are very revealing but it is inappropriate to use photos of children so they are not posted here. For those who might be interested in this material, the mother has posted it and it may be seen here. The struggle of the injured toddler is found under groups "Prayer Group for Little Princess Mya," and under photos there is the picture of her son with 50 stitches in his head. It is reported that Julie Custer is a nursing school graduate. She may have an uphill battle to get a license in Ohio. Please click here to view the Ohio Board of Nursing Criminal History Fact Sheet.
An additional photo posted by Custer showed another child from this family with 50 stitches in his forehead "because he fell into a wall." The pictures are very revealing but it is inappropriate to use photos of children so they are not posted here. For those who might be interested in this material, the mother has posted it and it may be seen here. The struggle of the injured toddler is found under groups "Prayer Group for Little Princess Mya," and under photos there is the picture of her son with 50 stitches in his head. It is reported that Julie Custer is a nursing school graduate. She may have an uphill battle to get a license in Ohio. Please click here to view the Ohio Board of Nursing Criminal History Fact Sheet.
"Possession of dogs by felons
The bill prohibits a person who has been convicted of or pleaded guilty to a
felony offense of violence or a felony violation of any provision of R.C. Chapter 959.
(offenses relating to domestic animals), 2923. (conspiracy, attempt, and complicity;
weapons control; corrupt activity), or 2925. (drug offenses) to knowingly own, possess,
have custody of, or reside in a residence with an unspayed or unneutered dog older
than 12 weeks of age, or any dog that has been determined to be a "dangerous dog" for
a period of ten years commencing upon the date of release of the person from any
period of incarceration imposed for the conviction. A violation of this prohibition is a
first degree misdemeanor. Depending how widely these prohibitions are enforced, this
could generate a considerable number of new court cases, although the number is
difficult to estimate. "
The final version of the law modified the above by stating that the felony activity must occur on or after the date the law took effect. This modification was a gift to Mark Kumpf . Click here for the link to the final version. Nason and Custer's dogs were clearly over the age of 12 weeks and clearly were not neutered.
Next time we will take a look at Klonda Richey's actual complaints, video made by Richey, and take a look at yet another choice that Montgomery County Animal Control might have used to resolve her complaints prior to her violent and bloody death.
Next time we will take a look at Klonda Richey's actual complaints, video made by Richey, and take a look at yet another choice that Montgomery County Animal Control might have used to resolve her complaints prior to her violent and bloody death.
Monday, February 17, 2014
Written for Klonda
This was written by a kind, perceptive and very talented soul who calls herself She Who Sees. I thank her for allowing me to share it. There is a LOT here to think about. Please think about Klonda Richey.
For Klonda Richey, who Called & was not Answered.
Today I am to die, condemned,
And all the sweet days I long to live
Will come to pass on this icy bank of snow,
In a vacuum of sound and fury,
Within sight of my beloved home
My cats, and warm unreachable safety.
And all the sweet days I long to live
Will come to pass on this icy bank of snow,
In a vacuum of sound and fury,
Within sight of my beloved home
My cats, and warm unreachable safety.
Oh I have known them a long time
My Bringers of death, the keepers of my days
They run without constraint and command,
Loping easily - sniffing, watching, waiting.
I see them in my dreams, they lick my blood
Impassively, from my cold beseeching hands.
My Bringers of death, the keepers of my days
They run without constraint and command,
Loping easily - sniffing, watching, waiting.
I see them in my dreams, they lick my blood
Impassively, from my cold beseeching hands.
I watch them sadly from my windows
As the dying turn to the shadows
And regret, regret, regret - 'accept'.....
Not for me the gentle years of old age,
the love of cats, the scent of blooms in tended pots.
As the dying turn to the shadows
And regret, regret, regret - 'accept'.....
Not for me the gentle years of old age,
the love of cats, the scent of blooms in tended pots.
My appeals for life and a purchase of my days
Are not for those with idle hands and
Of all of them, the one who could make things right
turns from me, into his own gorged & agenda'd blight,
Kumpf - do you sleep well in your bed at night?
Are not for those with idle hands and
Of all of them, the one who could make things right
turns from me, into his own gorged & agenda'd blight,
Kumpf - do you sleep well in your bed at night?
Today is gone, this bittersweet day,
the beautiful sky, the air, the snow,
My nemesis strikes with a deadly force
From the front, from behind, I am to Fall
As ever I was, falling, down, down, as though
time is Slowed, compacted,
And lost in the smell of their awful mouths,
And the bright blood spattered snow.
the beautiful sky, the air, the snow,
My nemesis strikes with a deadly force
From the front, from behind, I am to Fall
As ever I was, falling, down, down, as though
time is Slowed, compacted,
And lost in the smell of their awful mouths,
And the bright blood spattered snow.
I see as if in a dream, my white hands rise
In supplication, and I call with the voice of one already dead
No-one will come, this was ever to be my unwanted dying
In the jaws of these beasts, flayed and naked
My life-force blooming hot and scarlet flowers as I watch
And weep, and scream, in pain, in vain.
In supplication, and I call with the voice of one already dead
No-one will come, this was ever to be my unwanted dying
In the jaws of these beasts, flayed and naked
My life-force blooming hot and scarlet flowers as I watch
And weep, and scream, in pain, in vain.
Broken, ashamed, helpless, alone
In but a few short steps from the safety of my shining home
Robbed, ignored, reviled, twisting in terror in a death I knew
Was coming for me, as knowable as the waning of a thin cold moon
As sad as the flowers of blood on snow at my final sun rise,
Slaughtered and taken from all that is mine, by Kumpf,
And those who sip from his glutinous, dangerous Cup of Lies.
In but a few short steps from the safety of my shining home
Robbed, ignored, reviled, twisting in terror in a death I knew
Was coming for me, as knowable as the waning of a thin cold moon
As sad as the flowers of blood on snow at my final sun rise,
Slaughtered and taken from all that is mine, by Kumpf,
And those who sip from his glutinous, dangerous Cup of Lies.
Remember me.
My name is Klonda.
My name is Klonda.
Thursday, February 13, 2014
What the Ohio Revised code actually says.
Some thoughts for the morning on the Dayton Ohio dog mauling death of Klonda Richey. These thoughts will focus on the responsibilities of Montgomery County Dog Warden Mark Kumpf (new president of the Ohio County Dog Warden's Association).
Montgomery County Dog Warden Mark Kumpf
Here is a short quote from the OCDWA, note the reference to health and safety of the public.
It is important to note that I have the highest respect for the OCDWA, the members of that organization, and their objectives but I do not respect the efforts of those who use the organization to further personal agendas.
A short historical note, in 2011 Mr. Kumpf, OCDWA treasurer and member of the executive board, and then OCDWA president Matt Granito fully supported and campaigned for HB 14, a bill written by an out of state animal rights, and breed specific PAC with a sanctuary in Utah. Kumpf and Granito never produced meeting minutes that indicated that the rank and file of the organization supported their position on the bill despite being asked to do so. Members of the organization complained that they had never been given the opportunity to discuss or vote on it. The bill is a nightmare. Here is a link to the Ohio Revised Code procedure set out in HB14 for legal action regarding dangerous dogs. This procedure is a labor intensive nightmare, it protects violent dogs and their owners precisely because it is so difficult to use, it is rarely used.
Having said all that, lets fast forward to recent statements made by Montgomery County Dog Warden Mark Kumpf on the horrific mauling death of Klonda Richey. “This is a tragic accident and there is nothing foreseeable or doable to prevent a situation like this from happening,” “It doesn’t matter how many times you call, unless we see a violation, we can’t change the law and just write a ticket because somebody doesn’t like this particular dog or that particular neighbor. We have to see a criminal violation.” “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.”
Per WDTN News " 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 statement was found on the Montgomery County Animal Resource Center Facebook page
"February 10, 2014 Statement from Animal Resource Center Director Mark Kumpf:
I first want to extend our condolences to the Richey family. Klonda was a member of the Montgomery County family at Children Services for 25 years.
There have been many questions about what happened at 31 Bruce Avenue in Dayton last Friday, February 7, 2014. We cannot comment about the active police investigation, but we can provide background on calls and reports we received concerning dogs at 35 Bruce Avenue.
The Montgomery County Animal Resource Center has received 13 calls concerning 35 Bruce Avenue, ranging from condition checks on dogs to dogs running loose and dogs barking, beginning in December of 2011 and with the final call coming in September of 2013. Animal Care and Control Officers responded to each and every call. In all but two cases, we found no one at home or no one answered the door. In addition, all but one call made to our agency were anonymous.
Under Ohio laws, for a “dog at large,” the officer must witness the dog off the property and not under the owner’s immediate control. It cannot be issued as a citation based on a third party witnessing the event. In each of these calls, our officers did not witness the dogs off the property or not in the control of their owner.
We educate when possible and issue citations when we witness the violation. If no officer witnesses the conduct, the number of complaints does not allow for a citation or other action. When we received a complaint and find no violation, that closes the complaint.
Many have asked why these dogs were not designated as “dangerous dogs.” Here is the criteria for a “dangerous dog:”
- Dangerous dog means a dog that, without provocation, and subject to division of the Ohio Revised Code, has done one of the following:
o Caused injury, other than killing or serious injury, to any
person;
o Killed another dog;
o Been subject or a third or subsequent violation of division of
section 955.22 of the Ohio Revised Code.
We have no record of either of these dogs biting a person or killing another dog, nor have any citations been issued for a nuisance animal or running at large violation."
Here is a link to Ohio Revised Code regarding the duties of Dog Wardens. I have pulled out a few important passages. I find no reference to any requirement that an officer must actually see a violation in progress in order to act.
Here is more from the same section.
This part is important and this section deals with both low volume kennels and with companion dogs., per Ohio Revised Code 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 956.16 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. THE WARDEN SHALL GIVE IMMEDIATE NOTICE BY CERTIFIED MAIL TO THE OWNER, KEEPER, OR HARBORER OF HE DOG SEIZED AND IMPOUNDED BY THE WARDEN.
This quote comes from a legal definition of probable cause "When there are grounds for suspicion that a person has committed a crime or misdemeanor, and public justice and the good of the community require that the matter should be examined, there is said to be a probable cause for, making a charge against the accused, however malicious the intention of the accuser may have been. And probable cause will be presumed till the contrary appears.
This is important PUBLIC JUSTICE AND THE GOOD OF THE COMMUNITY REQUIRE THAT THE MATTER SHOULD BE EXAMINED, THERE IS SAID TO BE A PROBABLE CAUSE ...
And this quote from another source The Supreme Court has ruled that police can't stop and search people on a vague suspicion or hunch. Probable cause requires specific information that a particular person has committed a crime. The four sources of this information can be observation, the direct detection of a crime or pattern of suspicious behavior, expertise, skills of detection gained in special training, testimony, reports by witnesses, victims, or informants, or circumstantial evidence, which indirectly implies that a crime has occurred but isn't necessarily proof.
9/27/2013
Dayton Ohio
Thirteen living Great Danes, Labradors, rabbits, and per the video a live chicken were removed from a Dayton home, multiple dead dogs were also found and removed by Dayton Police and Animal Resource Center staff.
Neighbors and United States Postal Service workers have been complaining about this situation for a YEAR. Per the neighbors the dogs had broken out all the windows, they CLIMBED OUT ON THE ROOF AND BARKED AT PASSERSBY, the smell of death has been hanging over this neighborhood in a cloud and this has been going on for a YEAR!
Kumpf managed to look embarrassed on camera while being interviewed on this situation. "There is quite a number of live dogs here this afternoon," said Kumpf. "That is what we are here for. We may have been too late for some of these but we won't be too late for the others. Get them the help and they attention that they need."
Mark Kumpf with surviving puppies.
Per WDTN Neighbors said they are now thankful something has been done.
They just hoped it was sooner.
"It didn't have to come to that," said Smith. "Because we've been calling and the postal service has been calling, all of the neighbors. You can smell it. The whole street just smells."
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Too little and too late again from the Montgomery County Dog Warden. Kumpf had a job to do and he did not do it. Next time we will take a look at Klonda Richey's actual complaints. We will also take a look at the criminal history of her neighbor Andrew Nason.
The bond posted to insure performance of Kumpf's job should be forfeit. Mr. Kumpf is a liability to the County and a public relations disaster for the Dog Wardens Association. Mr. Kumpf's statements have brought comments that question "if dog wardens can't do anything then why do we even have them?"
Montgomery County Dog Warden Mark Kumpf
Here is a short quote from the OCDWA, note the reference to health and safety of the public.
OCDWA Objective
The OCDWA objective is to promote effective, efficient, and humane dog control programs for the health and safety of the public and their companion animals. Improve, promote, and obtain education, training, benefits, equipment, and adequate facilities for Dog Wardens and staff.
It is important to note that I have the highest respect for the OCDWA, the members of that organization, and their objectives but I do not respect the efforts of those who use the organization to further personal agendas.
A short historical note, in 2011 Mr. Kumpf, OCDWA treasurer and member of the executive board, and then OCDWA president Matt Granito fully supported and campaigned for HB 14, a bill written by an out of state animal rights, and breed specific PAC with a sanctuary in Utah. Kumpf and Granito never produced meeting minutes that indicated that the rank and file of the organization supported their position on the bill despite being asked to do so. Members of the organization complained that they had never been given the opportunity to discuss or vote on it. The bill is a nightmare. Here is a link to the Ohio Revised Code procedure set out in HB14 for legal action regarding dangerous dogs. This procedure is a labor intensive nightmare, it protects violent dogs and their owners precisely because it is so difficult to use, it is rarely used.
Having said all that, lets fast forward to recent statements made by Montgomery County Dog Warden Mark Kumpf on the horrific mauling death of Klonda Richey. “This is a tragic accident and there is nothing foreseeable or doable to prevent a situation like this from happening,” “It doesn’t matter how many times you call, unless we see a violation, we can’t change the law and just write a ticket because somebody doesn’t like this particular dog or that particular neighbor. We have to see a criminal violation.” “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.”
Per WDTN News " 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 statement was found on the Montgomery County Animal Resource Center Facebook page
"February 10, 2014 Statement from Animal Resource Center Director Mark Kumpf:
I first want to extend our condolences to the Richey family. Klonda was a member of the Montgomery County family at Children Services for 25 years.
There have been many questions about what happened at 31 Bruce Avenue in Dayton last Friday, February 7, 2014. We cannot comment about the active police investigation, but we can provide background on calls and reports we received concerning dogs at 35 Bruce Avenue.
The Montgomery County Animal Resource Center has received 13 calls concerning 35 Bruce Avenue, ranging from condition checks on dogs to dogs running loose and dogs barking, beginning in December of 2011 and with the final call coming in September of 2013. Animal Care and Control Officers responded to each and every call. In all but two cases, we found no one at home or no one answered the door. In addition, all but one call made to our agency were anonymous.
Under Ohio laws, for a “dog at large,” the officer must witness the dog off the property and not under the owner’s immediate control. It cannot be issued as a citation based on a third party witnessing the event. In each of these calls, our officers did not witness the dogs off the property or not in the control of their owner.
We educate when possible and issue citations when we witness the violation. If no officer witnesses the conduct, the number of complaints does not allow for a citation or other action. When we received a complaint and find no violation, that closes the complaint.
Many have asked why these dogs were not designated as “dangerous dogs.” Here is the criteria for a “dangerous dog:”
- Dangerous dog means a dog that, without provocation, and subject to division of the Ohio Revised Code, has done one of the following:
o Caused injury, other than killing or serious injury, to any
person;
o Killed another dog;
o Been subject or a third or subsequent violation of division of
section 955.22 of the Ohio Revised Code.
We have no record of either of these dogs biting a person or killing another dog, nor have any citations been issued for a nuisance animal or running at large violation."
Here is a link to Ohio Revised Code regarding the duties of Dog Wardens. I have pulled out a few important passages. I find no reference to any requirement that an officer must actually see a violation in progress in order to act.
955.23 Prohibition against failure of duty by dog warden.
No county dog warden shall willfully fail to perform his duties under section 955.12 of the Revised Code or other duties required of dog wardens.
Per Ohio Revised Code NO COUNTY DOG WARDEN SHALL WILLFULLY FAIL TO PERFORM HIS DUTIES
955.12 Dog wardens.
Except as provided in section 955.121 of Revised Code, a board of county commissioners shall appoint or employ a county dog warden and deputies in such number, for such periods of time, and at such compensation as the board considers necessary to enforce sections 955.01 to 955.27, 955.29 to 955.38, and 955.50 to 955.53 of the Revised Code.
The warden and deputies shall give bond in a sum not less than five hundred dollars and not more than two thousand dollars, as set by the board, conditioned for the faithful performance of their duties. The bond or bonds may, in the discretion of the board, be individual or blanket bonds. The bonds shall be filed with the county auditor of their respective counties.
Per Ohio Revised Code THE WARDEN AND DEPUTIES SHALL GIVE BOND IN A SUM NOT LESS THAN FIVE HUNDRED DOLLARS AND NOT MORE THAN TWO THOUSAND DOLLARS, AS SET BY THE BOARD, CONDITIONED FOR THE FAITHFUL PERFORMANCE OF THEIR DUTIES.
Here is more from the same section.
"If a dog warden has reason to believe that a dog is being treated inhumanely on the premises of its owner, keeper, or harborer, the warden shall apply to the court of common pleas for the county in which the premises are located for an order to enter the premises, and if necessary, seize the dog. If the court finds probable cause to believe that the dog is being treated inhumanely, it shall issue such an order.
The warden and deputies shall also investigate all claims for damages to animals reported to them under section 955.29 of the Revised Code and assist claimants to fill out the claim form therefor. They shall make weekly reports, in writing, to the board in their respective counties of all dogs seized, impounded, redeemed, and destroyed and of all claims for damage to animals inflicted by dogs.
The wardens and deputies shall have the same police powers as are conferred upon sheriffs and police officers in the performance of their duties as prescribed by sections 955.01 to 955.27, 955.29 to 955.38, and 955.50 to 955.53 of the Revised Code. They shall also have power to summon the assistance of bystanders in performing their duties and may serve writs and other legal processes issued by any court in their respective counties with reference to enforcing those sections. County auditors may deputize the wardens or deputies to issue dog licenses as provided in sections 955.01 and 955.14 of the Revised Code.
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. If the owner, keeper, or harborer cannot 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, the officer shall post a notice in the pound or animal shelter both describing the dog and place where seized and advising the unknown owner that, unless the dog is redeemed within three days, it may thereafter be sold or destroyed according to law."
Per Ohio Revised Code THE WARDENS AND DEPUTIES SHALL HAVE THE SAME POLICE POWERS AS ARE CONFERRED UPON SHERIFFS AND POLICE OFFICERS IN THE PERFORMANCE OF THEIR DUTIES AS PRESCRIBED BY SECTIONS 955.01 and 955.27.
This part is important and this section deals with both low volume kennels and with companion dogs., per Ohio Revised Code 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 956.16 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. THE WARDEN SHALL GIVE IMMEDIATE NOTICE BY CERTIFIED MAIL TO THE OWNER, KEEPER, OR HARBORER OF HE DOG SEIZED AND IMPOUNDED BY THE WARDEN.
Additional material is found in Ohio Revised Code 959.132. Feel free to read the whole thing but here is a section I feel is important.
(4) "Officer" means any law enforcement officer, agent of a county humane society, or other person appointed to act as an animal control officer for a municipal corporation or township in accordance with state law, an ordinance, or a resolution.
(B) An officer may seize and cause to be impounded at an impounding agency a companion animal that the officer has probable cause to believe is the subject of an offense. No officer or impounding agency shall impound a companion animal that is the subject of an offense in a shelter owned, operated, or controlled by a board of county commissioners pursuant to Chapter 955. of the Revised Code unless the board, by resolution, authorizes the impoundment of such a companion animal in a shelter owned, operated, or controlled by that board and has executed, in the case when the officer is other than a dog warden or assistant dog warden, a contract specifying the terms and conditions of the impoundment.
(C) The officer shall give written notice of the seizure and impoundment to the owner, keeper, or harborer of the companion animal that was seized and impounded. If the officer is unable to give the notice to the owner, keeper, or harborer of the companion animal, the officer shall post the notice on the door of the residence or in another conspicuous place on the premises at which the companion animal was seized. The notice shall include a statement that a hearing will be held not later than ten days after the notice is provided or at the next available court date to determine whether the officer had probable cause to seize the companion animal and, if applicable, to determine the amount of a bond or cash deposit that is needed to provide for the companion animal's care and keeping for not less than thirty days beginning on the date on which the companion animal was impounded.
AN OFFICER MAY SEIZE AND CAUSE TO BE IMPOUNDED AT AN IMPOUNDING AGENCY A COMPANION ANIMAL THAT THE OFFICER HAS PROBABLE CAUSE TO BELIEVE IS THE SUBJECT OF AN OFFENSE.....
THE OFFICER SHALL GIVE WRITTEN NOTICE OF THE SEIZURE AND IMPOUNDMENT TO THE OWNER, KEEPER, OR HARBORER OF THE COMPANION ANIMAL THE OFFICER SHAL POST THE NOTICE ON THE DOOR OF THE RESIDENCE OR IN ANOTHER CONSPICUOUS PLACE ON THE PREMISES AT WHICH THE COMPANION ANIMAL WAS SEIZED. THE NOTICE SHALL INCLUDE A STATEMENT THAT A HEARING WILL BE HELD NOT LATER THAN TEN DAYS AFTER THE NOTICE IS PROVIDED OR AT THE NEXT AVAILABLE COURT DATE TO DETERMINE WHETHER THE OFFICER HAD PROBABLE CAUSE TO SEIZE THE COMPANION ANIMAL ....
This is important PUBLIC JUSTICE AND THE GOOD OF THE COMMUNITY REQUIRE THAT THE MATTER SHOULD BE EXAMINED, THERE IS SAID TO BE A PROBABLE CAUSE ...
REPORTS BY WITNESSES, VICTIMS, OR INFORMANTS Klonda Richey reported repeatedly as both a witness and the victim.
What is found in the ORC gives several options for action in cases like Mrs. Richey's. She might have been informed that filing an affidavit in court would bring action. She would not even have to make a special trip, she could have filed the affidavit while she was already in court asking for a civil protection order against her neighbor Andrew Nason. For video of that legal event please click here to see and hear Klonda Richey asking for help from the courts.
What is found in the ORC gives several options for action in cases like Mrs. Richey's. She might have been informed that filing an affidavit in court would bring action. She would not even have to make a special trip, she could have filed the affidavit while she was already in court asking for a civil protection order against her neighbor Andrew Nason. For video of that legal event please click here to see and hear Klonda Richey asking for help from the courts.
Mr. Kumpf dismissively stated that the law does not give him the right to impound dogs just because "someone does't like this particular dog" This is a great deal more than personal dislike, it is about public safety. Simply putting a post-it note on a felon's door and walking away does not constitute doing your job. A strong case can be made for probable cause and Ohio Revised Code gave Montgomery County Animal Control the right and responsibility to act.
I will end this post with a flash back to Dayton Ohio in September of 2013. Neighbors, and the United States Postal Service made complaints for a YEAR before any action was taken. WDTN's l;ink no longer works but this one does and it deals with the same situation.
I will end this post with a flash back to Dayton Ohio in September of 2013. Neighbors, and the United States Postal Service made complaints for a YEAR before any action was taken. WDTN's l;ink no longer works but this one does and it deals with the same situation.
9/27/2013
Dayton Ohio
Thirteen living Great Danes, Labradors, rabbits, and per the video a live chicken were removed from a Dayton home, multiple dead dogs were also found and removed by Dayton Police and Animal Resource Center staff.
Neighbors and United States Postal Service workers have been complaining about this situation for a YEAR. Per the neighbors the dogs had broken out all the windows, they CLIMBED OUT ON THE ROOF AND BARKED AT PASSERSBY, the smell of death has been hanging over this neighborhood in a cloud and this has been going on for a YEAR!
Kumpf managed to look embarrassed on camera while being interviewed on this situation. "There is quite a number of live dogs here this afternoon," said Kumpf. "That is what we are here for. We may have been too late for some of these but we won't be too late for the others. Get them the help and they attention that they need."
Mark Kumpf with surviving puppies.
Per WDTN Neighbors said they are now thankful something has been done.
They just hoped it was sooner.
"It didn't have to come to that," said Smith. "Because we've been calling and the postal service has been calling, all of the neighbors. You can smell it. The whole street just smells."
Charges are still pending as investigators compile their report to present to the prosecutor.
City inspectors condemned the property.
What has Kumpf been doing for the last year? Receiving complaints from neighbors and the USPS regarding dogs parading across the roof of an apparently abandoned home and barking at members of the community for a year? The response to the multiple and very valid complaints from this community is simply too little and too late. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Too little and too late again from the Montgomery County Dog Warden. Kumpf had a job to do and he did not do it. Next time we will take a look at Klonda Richey's actual complaints. We will also take a look at the criminal history of her neighbor Andrew Nason.
The bond posted to insure performance of Kumpf's job should be forfeit. Mr. Kumpf is a liability to the County and a public relations disaster for the Dog Wardens Association. Mr. Kumpf's statements have brought comments that question "if dog wardens can't do anything then why do we even have them?"
Sunday, February 9, 2014
I can't improve on this so I'm just going to share it as written.
This is a picture of one of the dogs that killed Klonda Richie, (photo on the left), next are photos of a mastiff, and of a pit bull...what do you think? Mastiff? Mastiff mix? Mastiff/pit mix?
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Saturday, February 8, 2014
Update on the fatal mauling of Dayton woman Klonda Richey.
Klonda Richey, age 57, was mauled to death by her next door neighbors dogs just outside her Dayton Ohio home yesterday. Her next door neighbors. Andrew Nason, age 28, and Julie Custer, age 25, were arrested and charged with reckless homicide. For video of the arrest please click here. Nason has previously been booked on suspicion of child endangerment.
Ms. Richey was an employee of Montgomery County for 25 years. She worked for the Montgomery County Job and Family Services Administrative Services Division working at the Haines Children's Services Center. The County Communications Director made this statement about Ms. Richey "“She looked after the supply needs of our workers at The Haines Children’s Center. Those who knew her within JFS remember her fondly. Our sympathy goes out to her family, friends and co-workers.”
Dayton police described the dogs as pit bulls. County Montgomery County Dog Warden Mark Kumpf initially described the dogs as Bull Mastiffs and stated that they were registered as such. Not so fast. WDTN News searched the County Auditors website and found that the dogs were actually recorded as "mixed breeds" not Bull Mastiffs as Kumpf claimed. Kumpf's breed identification has continued to evolve, currently they are "mixed Mastiffs" but he now believes that are "part Cane Corso" for no apparent reason.
I find a section of the 1991 Ohio Supreme Court ruling Ohio v. Anderson relevant here. I include the whole passage lest I be accused of pulling a quote out of context. " In addition to arguing that the statute does not provide fair notice to potential offenders, appellee contends that the statute poses an unfair danger of arbitrary and discriminatory enforcement. Appellee's contention is based on the confusion which he believes has arisen as to whether the statute covers only purebred pit bulls or mixed breeds as well. We perceive this as a problem of semantics alone. If a dog possesses the physical and behavioral traits discussed in this opinion, then its owner must comply with the statute or risk arrest and prosecution for noncompliance. The formal breed name which has been assigned to the dog is not relevant.
Before executing an arrest, an officer need not
ask for the dog's papers and determine how it would be classified by the
American Kennel Club or the United Kennel Club. Given the urgent circumstances
under which pit bull-related arrests are generally executed, it would be
counterproductive to compel officers to do extensive research into the
background of a particular dog prior to arrest. Allowing the officer to execute
the arrest based on observations of the dog's appearance and behavior leads to
a rational administration of the statute. As the court recognized in American Dog Owners Assn. v. Dade
Cty., supra, at 1537, "[p]resently,
there exists no better method of identifying a pit bull dog than by its
appearance. * * * Even if a scientific method is developed to identify breeds
of dogs, an enforcement scheme will still depend on initial visual
identification. * * *"
For a photo of one of the dogs involved please click here. This hot mess of a canine, complete with dog fighter ear trim and testicles is one of the killers. The photo is from Julie Custer's Facebook page. This is not a Poodle or a Pug, this dog is what Ohio v. Anderson would call "commonly known as a pit bull dog."
The owners did not respond so the complaints were ignored? Nine times? Mr. Kumpf, it is your job to investigate, and enforce law. Kumpf additionally stated "Any large breed dog has the potential to seriously injure or kill a person. Anybody who encounters a dog that they're not familiar with should try and back away from the situation. If they are not able to do so, one of the things that we recommend is that they make themselves a smaller target as possible." This unbelievably insensitive comment to make after a fatal mauling was made by none other that Mark Kumpf, new president of the Ohio County Dog Warden's Association and past president of the National Animal Control Association. Who screens candidates for these organizations?
Here is Kumpf's announcement from his Facebook page
So after leaving Virginia and the Virginia Animal Control Association President's position, I've found myself in Ohio for 7 years. I stepped up and took on the position of Treasurer for the Ohio County Dog Wardens Association for the last several years. Today I presided over the first of many meetings as the new President of the Ohio County Dog Wardens Association. I've got a great board comprised of both new faces and experienced folks supporting the association and our members as we move into 2014. It is my privilege to work with such an awesome group of animal control professionals representing Ohio's 88 counties. I intend to insure that we live up to our motto "Striving to be Man's and Dog's Best Friend" as I take the helm of the oldest continually meeting state animal control association.
Mark's post of 2/7/2014
Been in animal control since August 1989. Today counts as the hardest day I have ever had and the worst case I have responded to in my career. Can't say enough good things about the professionals at the ARC - ACCO's Torbin Peterson, Brian Baker &Kandi Angi Broadus & Dr Kelly Meyer and all the folks who helped work our case today.
The passage of HB 14, written by lawyers employed by Best Friends Animal Society and strongly promoted by failed County Dog Warden Kumpf was to have protected Ohio residents from ALL dangerous dogs. The claim was that the law "finally gave Dog Wardens the tools to deal with dangerous dogs." With the previously unrecognized death of Elizabeth Hirt of Miami County Ohio, not Montgomery County as has been incorrectly stated in several news articles, this brings the total number of Ohio residents killed by dogs to seven in the two years since the passage of the breed neutral law. Does this look like a success to anyone?
Friday, February 7, 2014
Another Ohio fatality, this time in Dayton, Montgomery County Dog Warden Mark Kumpf's territory.
Ohio has recorded a sixth fatal dog attack since HB 14 was passed in February of 2012. Prior to the successful efforts of Best Friends Animal Society (a PAC headquartered in Utah) to change Ohio law the state had a dog bite related fatality every 5 to 8 years. Best Friends Animal Society claimed that the new law "finally gave dog wardens the tools to deal with dangerous dogs." In the two years since the the law was passed six Ohio residents have died by dog mauling. Epic fail.
Today's fatality was a Dayton woman, her name has not yet been released. Neighbors called 911 early this morning to report a body on the sidewalk, face down, and naked. When police arrived on the scene they were charged by two dogs that they reported "looked like pit bulls." Both dogs were shot and killed. Dog owners Andrew Nason and Julie Custer were arrested and charged with reckless homicide.
Booking photos for Custer and Nason.
Dayton is located in Montgomery County Ohio. The Montgomery County Dog warden is Mark Kumpf, vocal supporter of Best Friends efforts to change Ohio law. While police have identified the dogs as pit bulls, predictably, Mr. Kumpf has muddied the waters on this, calling the dogs mastiffs and stating that they were licensed as such.
It is not unusual for bully breed dogs to be purposely misidentified with the purpose of fooling nervous neighbors,the insurance company, or local law enforcement. Click here for the arrest warrant of Arkansas resident Brande Coy. Coy also claimed that her dog was a Mastiff but investigation following the dog mauling death of Joan Kappen revealed otherwise. It is important to note that Coy's dog was the litter mate of the dog that killed a five year old child six months prior to the death of Joan Kappen. The same claim was made for that dog. Both of these dogs were actually pit bull/mastiff mixes.
Dayton police report that nine complaints have been received about the dogs. Montgomery County Dog Warden Kumpf stated "We've had complaints in the past, our office has been out here on several occasions and in an attempt to contact the owners to resolve those complaints without success," says ARC Director Mark Kumpf.
Just when will Mr. Kumpf use the "tools" given to him with the passage of the law he helped promote? Nine complaints PLUS a fatality may indicate that he has not taken his responsibility to protect the public seriously.
More to come on this fatal attack.
For a bit of background on Mark Kumpf please click here.
Today's fatality was a Dayton woman, her name has not yet been released. Neighbors called 911 early this morning to report a body on the sidewalk, face down, and naked. When police arrived on the scene they were charged by two dogs that they reported "looked like pit bulls." Both dogs were shot and killed. Dog owners Andrew Nason and Julie Custer were arrested and charged with reckless homicide.
Booking photos for Custer and Nason.
Dayton is located in Montgomery County Ohio. The Montgomery County Dog warden is Mark Kumpf, vocal supporter of Best Friends efforts to change Ohio law. While police have identified the dogs as pit bulls, predictably, Mr. Kumpf has muddied the waters on this, calling the dogs mastiffs and stating that they were licensed as such.
It is not unusual for bully breed dogs to be purposely misidentified with the purpose of fooling nervous neighbors,the insurance company, or local law enforcement. Click here for the arrest warrant of Arkansas resident Brande Coy. Coy also claimed that her dog was a Mastiff but investigation following the dog mauling death of Joan Kappen revealed otherwise. It is important to note that Coy's dog was the litter mate of the dog that killed a five year old child six months prior to the death of Joan Kappen. The same claim was made for that dog. Both of these dogs were actually pit bull/mastiff mixes.
Dayton police report that nine complaints have been received about the dogs. Montgomery County Dog Warden Kumpf stated "We've had complaints in the past, our office has been out here on several occasions and in an attempt to contact the owners to resolve those complaints without success," says ARC Director Mark Kumpf.
Just when will Mr. Kumpf use the "tools" given to him with the passage of the law he helped promote? Nine complaints PLUS a fatality may indicate that he has not taken his responsibility to protect the public seriously.
More to come on this fatal attack.
For a bit of background on Mark Kumpf please click here.
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