TX: Man denies cruelty charge, ownership of dead dog disputed

[Debbie]

Man denies cruelty charge
Ownership of dead dog disputed
By Joe Gamm
joe.gamm@amarillo.com


Michael Norris / Amarillo Globe-News
Mike McGee, Director of Animal Control, sets in his office looking over a file at the Amarillo Animal Shelter Wednesday, March 17, 2010.


Michael Norris / Amarillo Globe-News
A barking Blue Heeler, left, and a relaxing Golden Retriever, at the Amarillo Animal Shelter Wednesday, March 17, 2010.


Michael Norris / Amarillo Globe-News
A pitbull sits in a pen at the Amarillo Animal Shelter.


Michael Norris / Amarillo Globe-News
A Sheltie looks through the doorway into the building at the Amarillo Animal Shelter Wednesday, March 17, 2010.


The city's animal shelter euthanizes more than 11,000 animals a year, but the case of one dog recently put down has drawn the attention of prosecutors.

By the numbers
2007-08 / 2008-09

Amarillo calls to pick up stray animals: 35,166 (2007-08)/ 33,771 (2008-09)

Animals picked up in Amarillo: 28,252 (07-08) / 27,102 (08-09)

Pets returned to owners: 1,424 (07-08) /1,190 (08-09)

Pets retrieved by owner at shelter: 2,187(07-08)/ 1,900 (08-09)

Dogs euthanized: 6,091(07-08) / 5,565 (08-09)

Cats euthanized: 4,640 (07-08) / 5,139 (08-09)

They say a Canyon man upset that he was being evicted brought his landlord's pitbull mix to the shelter in early February, claimed to be its owner, and had it euthanized.
In the wake of the dog's killing, 49-year-old Robert Wayne Nash says he's being unfairly targeted by Randall County prosecutors while officials with the animal shelter say they have no plans to alter their policies to prevent the unintended death of another animal.

According to a criminal complaint filed in Randall County, Nash had taken the pitbull mix to the shelter Feb. 2 after being evicted from his home. The dog was euthanized after a three-day waiting period and a charge of animal cruelty was later filed against Nash.

He had been living with his landlord at a residence in the 2900 block of Greg Street in Canyon, south of Rockwell Road, when the landlord was arrested in December for allegedly driving while intoxicated, Nash said.

In a recent phone interview, Nash said he was left to care for the dog, named Hoss, a 180-pound Rottweiler and pitbull mix. He said he was left with the dog for more than two months, and that the landlord's family began eviction proceedings against him. Nash said the family took many of the landlord's belongings, but wouldn't take Hoss.

Attempts to reach the landlord for comment were unsuccessful.

Nash tried to find a place to live, but was unable to find an apartment complex that would allow the large dog, he said.

So he went to the shelter to see if it would find somebody to adopt the dog. The shelter does provide that service for all breed of dogs except one - pitbulls. Nash said he was told that he was legally Hoss' owner because he had cared for the dog for more than 30 days, so he could leave the dog to be destroyed.

Randall County District Attorney James Farren said there is no Texas law that says a person who cares for an animal becomes its owner after a certain period of time. Officials at the shelter said staff wouldn't have told Nash he had become Hoss' owner.

Mike McGee, the city's director of animal control, said policy requires that an employee who accepts a dog at the shelter check a customer's photo identification and driver's license.

McGee said that if all was in order when Hoss was brought in, the dog would have been euthanized "within the hour." However, the employee found some discrepancy in the paperwork and put the action on hold for 72 hours, McGee said.

He said the "donate slip" people fill out when they bring in an animal has three options: the animal can be destroyed, it can be adopted - as long as it's not a pitbull - or the city can make the decision on the animal's future.

"If we get a slip and we think for some reason there's something squirrely, our policy is to hold the pet for 72 hours. The officer who took (Hoss) in had some questions about the donate," McGee said. "Something in her brain told her it wasn't on the up and up."

The officer was not available for comment.

The shelter has a policy that when people leave a pet, it's scanned at least two times over three days at the shelter to see if it has an implanted identification chip before it is euthanized, authorities said.

The shelter receives animals from animal control officers for Amarillo, Canyon, Happy, Randall County and Potter County, McGee said.

It took in 27,102 animals in fiscal year 2009-10, McGee said. Of the approximately 11,000 animals put down last fiscal year, 5,565 were dogs.

McGee said the incident would not cause the facility to review its policies. He said the city has considered registration fees for pets, but city leaders consider the fee an additional tax.

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