Please Read!!!!!

[Thumpszilla]

I had a really bad weekend this weekend. Friday night a stray dog entered my yard and was growling at my children ( 3 boys ages 11yrs, 6yrs, and 2yrs old) My 6 year old runs in and tells me while my 11yr old tries to keep my 2yr old away from the dog. I ran out and when the dog turned on me I hit the dog with the only thing I had a ball bat. The dog hit the ground got up yelping and ran away to the front of the trailer park. My landlord was also at the front of the trailer park at least 300 yards away with her girlfriend and a tenant. She called the police and when they arrived she had accumulated about 4 more supposed witnesses. Anyway they told the police that I had whistled at the dog then hit it with the bat which is a lie. Needless to say I went to jail (first time ever) and was charged with Aggravated Animal Cruelty which is a class e felony which carries 1-6 yrs if convicted. So obviously in this country you can no longer defend your kids against stray dogs. I go for arraignment in the morning at 9am and have yet to be offered legal council. Please pray that this situation works out ok for me. On a side note I have also been threatened with eviction.

[peepspurplejeep]

Wow Sam,
I'm sorry to hear about that.
Hopefully the police will speak to your sons about what happened.
You and yours are in my thoughts!! Hang in there.

[belltom]

That is terrible! Eyewitness accounts are historically flawed. When they speak with your children you will be freed of this burden I am sure, and your landlord will owe you a huge appology! Understand they were just doing their job with the information provided. Unfortunately, sometimes innocent folks are caught up in a good situation gone bad. My prayers are with you!

[skipper]

prayers sent, and good luck

[dleii]

We will all be thinking/praying for you guys! Like my mom always said..."Keep right on your side and things will work out". Hang in there

[samb.]

i say when you are proven innocent that you should move away from there

[jeepbus]

That is a shame ,I would do anything to protect my child jail time or not.Good luck I feel it will all work out for you.I got arrested for protecting my Family about 6 years ago,it all worked out for me,and I had much more serious charges brought onto me.Trust me it will work out.Just remember your Kids are safe and that is what is important.

[Bluegill]

Sam, at the trail have your attorney ask the "witnesses" if they can clearly distinguish between a toddler's scream and an adult whistle. If they say yes, ask them to describe/demonstrate how you supposedly whistled. Force them to tell more lies, because one will surely crack from the guilt of it. Before asking them about the scream/whistle, be sure they are asked how far away they were from you at the exact moment of "the incident" too. :rolleyes:

If only Grainger County had a leash law, it never would've went to court - except to prosecute the dog's owner.

[laurielyles]

That really stinks, you would think they could ask your sons what happined, the 11 and 6 year old are old enough to tell the judge what happined.

Good luck, hopefully your judge has children and knows what it is like when your children are at risk of being hurt.

[Jeeprocks86]

good luck.

in psychology class we learned about tests they had done with eye witnesses and how they fabricate things when asked direct questions.

good luck

[mullins87]

Good thing that dog wasn't in my yard threatening my children, it wouldn't have run away. I'm a dog lover, but I'm also a fierce defender of my family. I've got a neighbor woman across the street that has wiener dogs, I can't spell their actual breed name. One day one of them came across the street and was trying to bite my wife while we were working in the yard. All I had close by was a 6' long 2x4 with a nail sticking out of the end. I chased the dog out of the yard. Then when confronted by the woman, I promptly told her the next time that happened, she would have a dead dog on her hands. None of her dogs have ever set foot in our yard since. Like it was said above, don't be upset with the police, they're just doing their job.

I would have done the EXACT same thing you did!!! And might have even gone after the dog owner depending on just how much of an *** they were.

[Paul E]

I would have done the EXACT same thing you did!!! And might have even gone after the dog owner depending on just how much of an *** they were.

THERE is the root of the problem. Good dog owners are like parents, teaching their pets what is right and wrong - punishing for bad and rewarding for good. Sounds like the owner is the one needing to be dealt with, not the dog.

Childrens' testimony may or may not be admissable at that age. Perhaps the 11 YO, but not likely the 6 YO. They'd also be considered biased witnesses, but if you can get them to say how the dog was growling and scaring them, it lends some assistance to you fearing for your kids' lives and protecting your family, regardless of the dog's breed.

When I chase off a dog, I use a loud voice and make a big display of it - you cannot mistake what I'm doing. But given the dog's proximity to the kids, that kind of action may have incited the actions to attack or bite the kids. Your low-key attempts to distract him were probably the safest for the kids, but probably seeing as an attempt to lure him towards you for your 'abuse.' Make sure you are able to explain the EXACT actions you took and WHY you took them versus being loud/obnoxious and trying to scare it away.

If this dog has a history of running around w/o a leash, it will help your case I would think. If you can document with any neighbors any other instances of the dog behaving this way, it will also help.

[MWI]

We haven't heard from Thumpzilla since he posted this. Wonder if he's sitting in jail somewhere!

[mullins87]

He said his arraignment was at 9:00 am this morning. Lets hope the judge throws it out.

[Bluegill]

His arraignment was 9am this past Tuesday. The judge didn't even ask him how he plead to the charge, just set a trial date of Dec 7th. He's getting ready to move, since his landlord wants him out because of "the incident". They've assigned him a public defender that isn't even listed on Grainger County's P.D. list. :confused: Sam can't afford an attorney on his own. :(

[Thumpszilla]

No I am not in jail but just the same I am going nuts. I am literally having a nervous breakdown. I can't eat without throwing up within 5 minutes and cannot even enjoy a movie. I would like to shut myself off to the world but I know I can't. I recieved this from a legal advice forum

The Tennessee Code 39-14-212, which covers aggravated animal cruelty, is one of the strongest animal abuse codes in the country, based on statistics which show that people who abuse animals are more likely to abuse people. There is mandatory prison time (1 to 6 years) if convicted of this Class E felony. Pleading guilty to a misdemeanor charge of animal cruelty will result in probation, community service and anger management classes.

The code addresses "companion" animals, and any act committed against them with an intention to kill or cause serious injury, carried out in a depraved and sadistic manner. Of the convictions on aggravated animal cruelty in Tennessee that I reviewed, most cases were severe - the burning alive of an animal, etc.

I think, because you say the animal was a "stray" and not a companion animal, and you were protecting your children from a growling dog, you have a good defense against the charges of aggravated animal cruelty, and even, probably, of animal cruelty.

*However*, I also believe you need to have a careful discussion with a real good attorney before gambling away probation while hoping for complete exoneration, especially with 7 witnesses willing to testify against you on the felony charge. The fact that you were evicted will not work in your favor, either. It is a difficult choice for you to make.

Public defenders tend to be overwhelmed and cannot usually devote a lot of time to any one case, which can be a problem for you. Is there a free or low-cost legal clinic near you where you could get a preliminary review of your case? Or a law school where you could seek assistance?

It would be tempting to plead the lesser charge of animal cruelty to avoid prison time, I'm sure. You are definitely in a tough situation here, and none of us can recommend which course of action will be best for you. You ultimately must make that decision yourself.

I think I am gonna call my Public Defender and see if he can get it pleaded down to a misdemeanor animal cruelty which takes jailtime off the table and plead guilty to the lesser charge. Yes I will have a record but it will ensure that I am at home with my kids.

[Bear7]

Wow. I can't even imagine being in Sam's shoes right now. If he had a real lawyer he'd probably be cleared with little effort. However, with a PD all he's likely going to get is someone to file the paper work and maybe a couple of consultations. The fact that he is facing an eviction because of this shows the bias of the witnesses and probably their testimony. Unless you have someone willing to challenge the witnesses it's going to be a hard case.

Good luck to you Sam. I'll say a prayer for you and your family.

[dleii]

Sam and all the IAJ members/friends...I am new to the club but we may be on to something here. I would say to go out and find the lawyer that you would pick and let us worry abou the bill. I am a cancer survivor (hodgkin's 2001) and I love fundraising. If WE put our efforts together I gurantee we could raise enough funds to get this man the defense he needs. If I have some help, I AM IN. Any thoughts...wait...before you think about that...think about if you were in this situation, would you like for a group of guys/gals to come to your aid with proper defense. Now think about Sam and his kids...Okay now you can think about it...

[Bear7]

Sam and all the IAJ members/friends...I am new to the club but we may be on to something here. I would say to go out and find the lawyer that you would pick and let us worry abou the bill. I am a cancer survivor (hodgkin's 2001) and I love fundraising. If WE put our efforts together I gurantee we could raise enough funds to get this man the defense he needs. If I have some help, I AM IN. Any thoughts...wait...before you think about that...think about if you were in this situation, would you like for a group of guys/gals to come to your aid with proper defense. Now think about Sam and his kids...Okay now you can think about it...

Is it possible for Sam to talk to a real lawyer and get a reasonable estimate on what the cost might be and what the likelihood of success he would be if he had a proper defense.

[dleii]

I believe that would be the first step...

[spidershrek]

I send my support for Sam and his family. I
f the fundraiser is a go not a lot what i can give but count me in.

[Thumpszilla]

I am not even sure what to look for in a lawyer I have never needed one except for when I went to court over getting hurt at work.

[spidershrek]

I think a family lawyer being as you were trying to defend your family he will see to convience the judge of that.

Also an Assault and Battery lawyer.

I did a small google resserch and there are pleanty of lawyers that give free consultations.

Here is an example http://www.mckinneylawfirm.com/PracticeAreas/Violent-Crimes.asp

Hope it helps

[Thumpszilla]

This is kinda a sticky situation folks. The only witnesses I have are my children. They won't let my 6yr old testify and my 11yr olds testimony would be considered biased. So basically it would be my testimony against that of six neighbors who are probably now getting free rent for their testimonies. I really think my best bet might be to plead to a lessor charge and be done with it. Not that I do not appreciate the offer folks but it kinda looks like a lost cause.

[Bear7]

I think a family lawyer being as you were trying to defend your family he will see to convience the judge of that.
I don't think a family lawyer is what Sam needs. Sam's family will not be on trial. He will. I'm thinking a criminal defense attorney. Sam's not a criminal but they are charging him personally with a crime. If he has no other references, I'd start with the yellow pages. Call a couple and see if he can get a brief initial consultation for no charge. If you call the wrong lawyer then ask who they would recommend that has handled similiar cases.

[Bear7]

This is kinda a sticky situation folks. The only witnesses I have are my children. They won't let my 6yr old testify and my 11yr olds testimony would be considered biased. So basically it would be my testimony against that of six neighbors who are probably now getting free rent for their testimonies. I really think my best bet might be to plead to a lessor charge and be done with it. Not that I do not appreciate the offer folks but it kinda looks like a lost cause.
You might be right. I'd rather have the misdemeanor conviction than be spending time in jail. However, it might only take a day or two and not cost you anything to get an opionion from a regular defense attorney. If you are going to make a deal anyway, you might end up with a better deal if you have good representation. Just a thought. Good Luck

[IndyXJ]

Not that you don't have enough on your plate, but have you been OFFICIALLY evicted yet and is it enforceable? NOT that you want to live there, but for now, I'd look into their ability to evict you. I'm not a lawyer, but when it rains it pours I guess.

Was there ever an owner of the dog in question or was it a stray?

[jwicker]

I have to wonder what taking this to the press might do for/against you.
By taking a firm stand within the public eye, more credibility to your story might surface.
Rarely will someone pull the spotlight onto themselves when they are in the wrong.
Just a thought.

Whatever you do, start keeping a journal of every event, conoversation, threat, etc. IMMEDIATELY !!!!!!
Get names, dates, times of day, etc.
Phone numbers and addresses might also be of assistance someday.

Even when this thing is over, civil cases can come into play.
Good point on the eviction rules.

As f'ed up as things can seem, there has to be some good left for the innocent and wrongly accused.

Having to move seems a little extreme. I would suggest you start looking for free legal help about the eviction.
If you are proven innocent, your moving expenses should be reimbursable by the slander and false accusations.

[samb.]

I had a really bad weekend this weekend. Friday night a stray dog entered my yard and was growling at my children ( 3 boys ages 11yrs, 6yrs, and 2yrs old) My 6 year old runs in and tells me while my 11yr old tries to keep my 2yr old away from the dog. I ran out snapped my fingures to try and break the dogs concentration on my kids and hit the dog the dog with the only thing I had a ballbat. The dog hit the ground got up yelping and ran away to the front of the trailer park. My landlord was also at the front of the trailer park at least 300 yards away with her girlfriend and a tenant. She called the police and when they arrived she had accumulated about 4 more supposed witnesses. Anyway they told the police that I had wistled at the dog then hit it with the bat which is a lie. Needless to say I went to jail (first time ever) and was charged with Aggrevated Animal Cruelty which is a class e felony which carries 1-6 yrs if convicted. So obviously in this country you can no longer defend your kids against stray dogs. I go for arrainment in the morning at 9am and have yet to be offered legal counsil. Please pray that this situation works out ok for me. On a side note I have also been threatened with eviction.

it is a stray so its not considered a companion that is if you were correct on it being a stray

but hope it all turns out good for you

[John]

You definitely want legal representation even if you plea a lesser charge. There is paper work and other documents that you need to file with the court and a lawyer will take care of that for you. I would at least get an opinion if nothing else to see where you stand. The lawyer will also be able to tell you where you stand with the eviction and other circumstances that may arise from this.

[Thumpszilla]

It has been so hectic around here that we just remembered today that we need a copy of the police report. So my wife is going to go get it tomorrow and I will start calling some lawyers then. I will let you know what I find out from that.

[MWI]

We as a group of good family people are here for your support. Let us know if we can help. I'm behind you.

[Keithd2606]

Id go see my landlord and give them a reason to put me in jail, thats total bs

[yjmike]

Sam,
I have a good friend who is an attorny in b'ham. I do not know if he can help you in tenn, but it might be worth a call to his firm. He is a nice guy and if he can not help you, he might can help you find an attorny in tenn that can. Drop me an email and I will send you his name and number if you want. He has defended me in federal court when I have been left hanging. $50 mill is a lot to worry about. Case dismissed in 7 days.
Mike

[Thumpszilla]

Just a quick update I still have not been able to get ahol of the public defender I was assigned. I guess I may end up having to try and hire a lawyer.

[Keithd2606]

id think that this is too serious for me to put it in the hands of a public defender. If you can afford it id look hiring a lawyer for sure. If you do some research, youll find most times there are certain lawyers that are better friends with the county prosecutor the others.

Dont make no good sense tho, if you explained what happened, and your kids backed you up its hard to imagine that youd get arrested over that.

My other question being, why didnt you just bring the kids inside until the dog left? seems like if you had time to hit the dog, then youd have time to pick up your little one and bring em inside.

[IndyXJ]

Any updates to this or is it another thread by now unbeknownst to me?

[Danny]

Any updates to this or is it another thread by now unbeknownst to me?

yeah, i must have missed this last month when i was gone. that is just awful what happened. i would have done the same thing. i probably would have hit the dog hard enough to kill it though. i hope all turns out good and if you do need money for an attorney, i can help a little..

[jeepercreeper]

I obviously missed this one being in school and all...but I did read that the trial wasn't supposed to be until the 7th of December.

I, unfortunately, was once falsely accused of a crime and got arrested, so I know how he feels. It really sucks. I got a defense lawyer and he made it so I could pay him monthly...of course it was paid off by the time we actually went to trial, but never the less. I was of course found not guilty and I will tell you, a public defender would not have even tried.

One thing that is not clear here, due to the lack of a good lawyer, is wether he is getting a bench trial (just a judge) or an actual jury trial...it is up to Sam what he wants and a good lawyer should know the judges enough to make that recomendation...

another thing we should also realize is the recent media with animal cruelty...it's touchy...

[Thumpszilla]

O.K. here is the outcome for today. My lawyer put in a motion for dismissal, and it was rescheduled for January 25, 2008 due to the fact that the state had no witnesses there. The lawyer is trying to prove that the dog is a wild dog and not a domestic dog and therefor is not under the same law as domestic dogs. The DA was tripped up by our lawyer today because she said there were no wild dogs in the United States there are only feral ones. If you look up the meaning of the word feral in the dictionary it says "untamed; wild savage" so as you can see she messed up her case and is on record that there are feral animals in the United States. She was stuttering and glaring at my lawyer the whole time. She even said that she hadn't even spoken to the witnesses for the state. Needless to say when my lawyer spoke to me outside of the courtroom today he was very confident that he had what he needed to dismiss this case.

[belltom]

Well, sounds like you may have the situation solved. I hope so! This is so stupid!!!!

[jeepercreeper]

awesome news!!!

[gihonda00]

wow that sucks, How's the bat in all this ordeal? Just kidding, didn't mean to make a joke out of this. That is horrible man and I hope everything is straightened out and you don't have a record and what not. We'll be praying for you

[samb.]

good job man glad to hear it let us know what happens

[skisad]

wow that sucks, How's the bat in all this ordeal? Just kidding, didn't mean to make a joke out of this. That is horrible man and I hope everything is straightened out and you don't have a record and what not. We'll be praying for you

The bat was givin to him by some guy named Michael. :D

Sorry I had to that. I would have done the samething if was in your shoes, even if the dog was going after my dog.

[Danny]

awsome news man. i've told your story to people at work and not one person has told me that you were wrong for what you did. if anything, most would have killed the animal. i REALLY hope this gets dismissed for you

[Pablo3]

Great news.

It sounds good for January.

[joey-nac]

This is a very messed up situation, glad to hear that it sounds like its getting much better for you. Good luck

[TwistedWrangler]

Congrats on the progress! I hope that you have already moved from there though!

[Bigalpha]

Old thread, I know.

What was the final outcome?