HomeMy WebLinkAboutResolution No. 371-10 71
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RESOLUTION
WHEREAS, on July 16, 2010, law enforcement issued a Notice of Intent to declare a dog
named "Texas" owned by Jayne Finley to be potentially dangerous. Law enforcement took this
action pursuant to R.C.O. §106A.18, subd. 2. Finley did not contest the potentially dangerous
dog designation under R.C.O. §106A.18, subd. 3(a). In addition, Finley did not appeal, under
R.C.O. §106A.18, subd. 3(e), the Animal Control Review Panel ("Panel") determination that
"Texas"was a potentially dangerous dog. Law enforcement later seized the dog when it was not
registered as a potentially dangerous dog and the other applicable ordinance provisions had not
been complied with within the allotted time. Law enforcement then issued a Notice of Intent to
destroy "Texas" and Finley appealed that Notice as permitted by R.C.O. §106A.18, subd. 15b;
and,
WHEREAS, on August 24, 2010, the Panel held a hearing upon notice to Finley and
others affected by a dog attack incident that occurred on July 10, 2010. The purpose of the
hearing was to determine whether "Texas" should be destroyed pursuant to Minn. Stat. §347.56
�nd R.C.O. §106A.18, subds. 15a, 15b; and,
WHEREAS, as a result of its August 24th hearing, the Panel concluded that "Texas" was
a potentially dangerous dog and should be destroyed any time after August 31st unless Finley
met five stated conditions. Attached hereto as Exhibit A is a copy of the Panel's August 25,
2010, Findings of Fact, Conclusions of Law and Order. The five conditions are found within the
Order; and,
WHEREAS, pursuant to R.C.O. §106A.18, subd. 3(e), Finley appealed the Panel's
August 25th Findings of Fact, Conclusions of Law and Order to the Common Council; and,
WHEREAS, this appeal came before the Council at its September 8, 2010, meeting. The
Council held a public hearing on the appeal with notice to Finley and the victim. At the
September 8th public hearing, all interested parties were permitted to appear and give testimony
regarding the appeal. Attached hereto as Exhibit B is a copy of those written materials
presented to and considered by the Council during the public hearing; and,
WHEREAS, at the September 8th public hearing, Finley testified that she was unable to
comply with condition (i) as listed in the August 25th Findings of Fact, Conclusions of Law and
Order as Daryl Goetch was returning to Rochester from Wisconsin. However, Finley stated that
she has found another potential owner for Texas in Claremont, MN; and,
WHEREAS, the Council cc ncluded that the Panel's Findings of Fact and Conclusions of
10aw were supported by the prer onderance of the evidence submitted at the September 8th
public hearing; and,
jo
WHEREAS, the Council concluded that condition (i) found in the Panel's Order should be
*mended to read as follows: "by ctober 8, 2010, an owner located outside of Rochester should
be located who will take possession of Texas and comply with conditions (ii) through (v), and any
applicable state laws;" and,
WHEREAS, the Council oncluded that the date of August 31, 2010, found in the
Panel's Order should be replaced with the date of October 8, 2010.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that the City adopts s its own the Panel's August 25, 2010, Findings of Fact,
Conclusions of Law and Order as amended above.
BE IT FURTHER RESOLVED by the Council that the City allow Finley 30 days to find a
suitable owner for "Texas" who can comply with conditions (ii) through (v) of the Panel's
August 25th Order.
BE IT FURTHER RESOL ED by the Council that the City direct law enforcement to
properly and humanely destroy "Texas" at any time after October 8, 2010, should Finley, as
owner of "Texas," fail to comply with conditions (i) through (v) of the Panel's August 25th Order
as amended by the Council.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
WOCHESTER, MINNESOTA, TF IS 661 D OF LW 76tyr6Ex , 2010.
� "-,—j
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: r— �94�7 j,)201j
CITY CLERK
APPROVED THIS 7fn DAY OF W75Yn6' , 2010.
.�� / '
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Res101ResoluRotDanDog 1
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■
t
• BEFORE T E ANIMAL CONTROL REVIEW PANEL
CI OF ROCHESTER, MINNESOTA
In Re: Dog "Texas" Owned by J yne Finley Findings of Fact,
Conclusions of Law,
and Order
On August 24, 2010, th Animal Control Review Panel (hereinafter "Panel") held a
hearing, upon notice to Jayne Finley and others affected by a dog attack incident on July 10,
2010, to consider whether the dog Texas owned by Finley should be destroyed pursuant to
Minn. Stat. Section 347.56 and Rochester Code of Ordinances, section 106A.18, Subd. 15a and
15b. The letter of appeal, police reports, photos, designation notices and evidence presented at
•the hearing have been made part of the record of these proceedings.
At the hearing, Jayne Finl y, 1215 13th Avenue NW, stated that she owns the dog Texas
that was involved in the July 1 , 2010, incident. She described the dog as a 13-month old
unaltered male German Shepherd weighing approximately 100 pounds. She was in the home at
the time of the bite incident and was unaware that it happened. She believes the dog jumped
the 4' high backyard fence to get out. She has started installing a 6' high fence.
Sue Christopherson testified that she is Finley's sister and heard of the event from her
mother after the dog had been seized. She indicated that she had experience with a dog bite
case in Hayfield in which the do was not seized or declared potentially dangerous, and there
was no effort to have it put down Texas is in a home with Jayne, her mother, Jayne's daughter
and granddaughter, and there have been no bad experiences. Texas has had small children
pull at his ears and tail without any aggressive response. She indicated Texas is just a big
•
Exhibit "A"
playful puppy that has been thr ugh training and maybe just reacted to the neighbor running
away. She presented a list of 15 people who would be willing to take the dog if it is not
destroyed, including Daryl Goetct from Genoa, Wisconsin.
Amy Christopherson testif ed that she has cared for Texas in the past and although his
appearance can be startling and cary, he is very affectionate and good with kids.
Rose Siebenaler, 1211 13" Avenue NW, then testified. She stated that on July 10, 2010,
at about 4:45 p.m., she was at her home located next to Finley's when she observed Texas
loose in the front yard. She walked over to the Finley's residence and knocked on the front door
to tell them Texas was loose. Almost immediately she was bit in the lower back by Texas
causing a puncture wound. Wh n she attempted to run back to her house, Texas caught up to
her at the corner of her home and bit the back of her leg causing tears that required stitches.
•She indicated that her backyard shares a fence with Finley's and she has had contact with
Texas before and was not afraid as he had not given an indication that he would bite before this
date. She stated she did not tea e, provoke, kick at, or take other action to provoke the bites.
Rochester Police Officer Mark Belisle testified that he was called to take the bite report at
the hospital. He observed Sie enaler's injuries that she stated were caused by Finley's dog.
Her statement was consistent with her testimony at the hearing. He then went to the Finley's
home and confirmed that the dog was still there and informed Finley that Animal Control would
follow up concerning the bite anc quarantine.
Rochester Community Service Officer Erica Ganrude testified that she went to the Finley
residence on July 15th and provided the quarantine information and explained the dangerous
dog ordinance. She indicated Texas was in a kennel and looked scared. She indicated that the
dog had been vaccinated but had not been licensed until July 12, 2010. She stated that a notice
• 2
.of intent to declare the dog pote tially dangerous was mailed to the Finley's on July 16, 2010.
This notice provided the Finley s 14 days to either comply with the registration and other
ordinance requirements or to file an appeal. She stated that on August 4, 2010, she and other
officers visited the Finley residence and observed that no efforts had been made to comply with
the potentially dangerous dog ordinance requirements. She was aware that no appeal to the
potentially dangerous dog declarE tion had been filed.
Police Sgt. Rob Miller thei testified. He stated that he was present on August 4, 2010,
when the dog was seized. He in icated that the Finley's residence is located directly across the
street from St. Pius Elementary School and backs up to John Marshall High School where
numerous children would be exp cted to be present. He also indicated that no effort had been
made to comply with the potenti Ily dangerous dog requirements. He indicated that the family
• actually took the dog to the shelt r and that family members were disorderly and very tough on
the dog. He also suggested the amily had attempted to use the internet to bad mouth the City's
effort related to the dog that resu ted in him and his staff receiving numerous calls from citizens,
both at work and at home.
Based upon the evidence presented at the hearing, the Animal Control Review Panel of
the City of Rochester does hereb I make the following Findings of Fact, Conclusions of Law, and
Order.
FINDINGS OF FACT
1. At the August 24, 2010, hearing, the Panel received evidence on whether the dog
Texas should be destroyed. In ac dition to the documents and testimony received, the Panel had
• access to all of the relevant polic reports, letters, and photographs.
3
• 2. RCO Section 10 .18, Subd. 15a provides that an animal may be
destroyed under certain circums ances including if the dog:
A. Inflicted substantial or great bodily harm (as those terms are defined in
Minn. Stat. §609.02) on public or private property without provocation;
B. Inflicted multiple bites on a human on public or private property without
provocation;
C. Bit multiple human victims on public or private property in the same attack
without provocation or
D. Bit a human on public or private property without provocation in an attack
where more than one dog participated in the attack.
3. The evidence presented establishes that on July 10, 2010, Texas inflicted multiple
bites on Rose Siebenaler, the firSL being a bite causing punctures wounds to her lower back and
the second being bites to the bac of her leg causing extensive tearing.
• 4. RCO Section 106 .18, Subd. 15b. describes the hearing rights before an
animal may be destroyed and reads as follows:
Hearing. The Animal Control Unit shall issue a notice of intent to destroy
the dog to the Owner. The Owner shall have three days from receipt of the
notice to request hearing before the Animal Complaint Review Panel.
The Owner shall have the burden of establishing that the exemptions in
Subd. 12 apply to this incident, or that the dog would not otherwise be
declared dangerou or potentially dangerous following a hearing conducted
for that purpose.
5. Jayne Finley timely requested a hearing on this matter.
6. RCO Section 106A 18, Subd. 12 providing the exemptions reads as follows:
Subd. 12. Exemptions. Dogs may not be declared dangerous or potentially
dangerous if the threat, injury or damage was sustained by a person;
A. Who was at the time of injury committing or attempting to commit a
willful trespass or other tort or crime upon the premises occupied by the
• 4
dog; or
B. Who was provoking, tormenting, teasing, abusing or assaulting the
dog or who can be shown to have repeatedly, in the past, provoked,
tormented, teased, abused or assaulted the dog; or
C. Who was co mitting or attempting to commit a crime.
7. The victim of the bite, Rose Siebenaler, at the time of the bite, was not committing
a willful trespass; was not provoking, tormenting, teasing, abusing or assaulting the dog ,and
was not committing a crime at the time of the bites.
8. RCO Section 106A.18, subd. 1(b) defines a potentially dangerous dog as follows:
(b) "Potentially dangerc us dog" means any dog that:
(1) when unprovoked, inflicts bites on a human or domestic animal on public or
private property; or
(2) when unprovoked, chases or approaches a person upon the streets,
• sidewalks or any public or private property, other than the dog owner's property, in
an apparent attitudE of attack; or
(3) has a known propensity, tendency or disposition to attack without
provocation causing injury or otherwise threatening the safety or humans or other
domestic animals.
9. On July 10, 2010, t e dog Texas, when unprovoked, inflicted bites on a human on
public or private property.
10. It is the dog owner' burden to establish by a preponderance of the evidence that
one or more of the exemptions p ovided in Subd. 12 apply, or that the dog would not have been
declared potentially dangerous pursuant to the definition provided above and in RCO 106A.18,
subd. 1(b) if a hearing had been eld.
11. It appears that Da I Goetch of Genoa, Wisconsin, may be willing to take the dog,
even with knowledge of the bite incident and knowledge that the dog is declared potentially
. 5
dangerous in Minnesota.
CONCLUSIONS OF LAW
1. This matter is properly before the Panel pursuant to Section 106A.18, subd. 3(c).
2. The Panel conclud s, on the basis of the evidence presented, that Finley has not
met her burden of proving that th dog Texas did not engage in conduct that meets the following
criteria:
(1) when unprovoked, inflicts bites on a human or domestic animal on
public or private property; or
(2) when unprovoked, chases or approaches a person upon the streets,
sidewalks or any public or private property, other than the dog owner's property, in
an apparent attitudE of attack; or
(3) has a known propensity, tendency or disposition to attack without
provocation causinc injury or otherwise threatening the safety or humans or other
domestic animals.
3. The Panel conclud Ds, on the basis of the evidence presented, that Finley has
failed to meet her burden of provi g that the exemptions in Subd. 12 apply.
4. The Panel conclud s, on the basis of the evidence presented, that Finley has
failed to meet her burden of showing that the dog Texas did not engage in conduct that meets
the following:
A. .Inflicted substantial or great bodily harm (as those terms are defined in
Minn. Stat. §609.02 on public or private property without provocation;
B. Inflicted multiple bites on a human on public or private property without
provocation;
C. Bit multiple human victims on public or private property in the same attack
without provocation; or
. 6
4
• D. Bit a human on public or private property without provocation in an attack
where more than one dog participated in the attack.
5. Specifically, the P nel finds that the substantial amount of evidence establishes
that the dog inflicted multiple bite3 on a human; that the dog is potentially dangerous as defined
in the ordinance; that the dog is s ubject to destruction under the terms of the ordinance; that the
family showed a significant lack of respect to law enforcement over the course of events related
to the dog bite and this proceeding, and that the family made no effort to comply with the
requirements of the ordinance related to registration. However, the Panel feels reluctant to
punish the dog for the inappropri to actions or omissions of the family and would allow the dog
to be adopted out subject to the s rict conditions hereinafter ordered.
ORDER
i
The Animal Control Revie Panel of the City of Rochester, pursuant to RCO Section
106A.18, does hereby order that he dog Texas be properly and humanely destroyed by Animal
Control at any time after August 31, 2010, unless the following conditions are met:
(i) by August 31, 2010, Da I Goetch shall appear at the shelter to take the dog;.
(ii) that the jurisdiction to Which the dog is to be taken shall have approved and will allow
the dog to be taken into thE jurisdiction;
(iii) the dog shall have received microchip implantation, or evidence that arrangements
for microchip implantation shall be presented prior to the dog's release;
(iv) that the dog shall no be brought back to or allowed to be maintained within the
Rochester city limits;
. (v) that the standard boarding fees ($5 per day) and adoption fee ($5) shall be paid prior
to the release of the dog.
Dated at Rochester, Minnesota this a�day of `���f�, 2010.
DENNIS HANSON, President of the
Rochester City Council
Finley,Fofldog.doc
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8
REQUEST FOR COUNCIL ACTION MEETING
DATE: 9108/10 V
AGENDA SECTION: ORIGINATING DEPT: ITEM
—NO.
iblic Hearing City Attorney's Office
ITEM DESCRIPTION: Appeal of destruction order for the dog owned by Jayne Finley PREPARED BY:
living at 1215 NW 13th Avenue, Rochester, MN. Davi M. Goslee
1
The Animal Control Review Panel met on August 24, 2010, and following a hearing ordered that the dog
"Texas" owned by Jayne Finley should be destroyed under the provisions of RCO section 106A.18, Subd
15a, unless certain conditions were met. Jayne Finley has appealed that order and a full hearing before the
City Council is required.
On July 16, 2010, a notice of intent to declare the dog Texas potentially dangerous was sent to Jayne
Finley. Finley did not appeal the potentially dangerous dog designation. Law enforcement later seized the
dog when it was not registered and the other provisions of the ordinance had not been complied with within
the allowed 14 day period. Law enforcement then issued a notice of intent to destroy the animal and Finley
appealed that notice as provided for in the ordinance.
RCO Section 106A.18, Subd. 15a, provides that an animal may be destroyed under certain
circumstances including if the dog:
A. Inflicted substantial or great bodily harm (as those terms are defined in Minn. Stat.
§609.02) on public or private property without provocation;
B. Inflicted multiple bites on a human on public or private property without provocation;
C. Bit multiple human victims on public or private property in the same attack without
provocation; or
D. Bit a human' on public or private property without provocation in an attack where more
than one dog participated in the attack.
Included with this RCA are Jayne Finley's appeal letter and the "Findings of Fact, Conclusions of Law, and
Order" approved by the Animal Control Review Panel. The latter document recites the relevant ordinance
provisions, as well as the conditions imposed by the Panel. The police. reports; photos and other
documents that make up the record of the prior proceeding will be sent directly to the council.
COUNCIL ACTION REQUESTED: Following the hearing the council will issue its own findings of fact,
conclusions of law and order. The council may adopt the Panel's findings, state its own findings, or direct
the City Attorney's office to draft new findings consistent with the order it intends to make. Notice of this
hearing was provided to the dog owner and the victim.
COUNCIL ACTION: Motion by: Second by: to:
Exhibit "6"
,intimidate them when walking by but never was mean, growled or done any sort of
damage to them, also that Texas never jumped over the fence to get them.
They will also state that they cannot believe that Rose can never leave well enough
alone. She is always into everyones business.
Even though reports were released through St-Marys, we never saw a actual report from
St. Marys to see what they said.
The vet was asked what he thought of the dog when he saw him, and he replied that he
had never saw the dog.
How can he judge the dog not seeing him?
Sgt. Miller, he said we used the internet to bad mouth the City's effort. My sister never
did anything illigal or bad mouthed any one. All she was doing was looking for a
appropriate home with all things that needed to be done for Texas to get him out of
there. She would never have used her own phone number if she thought otherwise. No
phone numbers to anybodys home at that time was EVER given to anyone because she
didn't even know there names.
She has copies of every ad she ran on Craigs List.
Erica, well we had three days, not the 14 days, to comply with the city as we never got
the letter from Animal Control until 3 days before it was to expire. Erica went on
vacation.
Stories were always different. Yes, you can find an new owner, no Texas is not
• adoptable. Very confusing woman.
All we are asking for is to remove Daryl Goetch name from the order . To give Texas to
someone that we personally know is coming back to Rochester, MN. is not right. We
did not know this until we went over the stipualtions with him after the hearing on
Tuesday the 24th. We could have Daryl get the dog and go on with life. It.is not right,
not to Texas, or you as the city attorney. I am being honest with this situation and 1 feel
that we should be able to find him a different home. We may be.poor people but we do
love our dog and only want what's best for him and the city. It is not to put him down
because we didn't have the money to finish doing what we needed to do to keep him.
We did the best we could with what we had. My sister has tried very hard to find him a
home, and when people would call the Animal Control they were turned away and said
he was not adoptable.From the first night he was there.
There was many names on the sheet that was given to the panel in regards to Texas
new home.
I don't feel that the dog should go to one person and then in a few months or so be
given to someone else because he forgot to mention that he eventually would be back
to the Rochester area. Specs say not to return to the city of Rochester limits.
•
t
• playful puppy that has been through training and maybe just reacted to the neighbor running
away. She presented a list of 15 people who would be willing to take the dog if it is not
destroyed, including Daryl Goetch from Genoa, Wisconsin.
Amy Christopherson testified that she has cared for Texas in the past and although his
appearance can be startling and scary, he is very affectionate and good with kids.
Rose Siebenaler, 1211 13th Avenue NW, then testified. She stated that on July 10, 2010,
at about 4:45 p.m., she was at her home located next to Finley's when she observed Texas
loose in the front yard. She walked over to the Finley's residence and knocked on the front door
to tell them Texas was loose. Almost immediately she was bit in the lower back by Texas
causing a puncture wound. When she attempted to run back to her house, Texas caught up to
her at the corner of her home and bit the back of her leg causing tears that required stitches.
• She indicated that her backyard shares a fence with Finley's and she has had contact with
Texas before and was not afraid as he had not given an indication that he would bite before this
date. She stated she did not tease, provoke, kick at, or take other action to provoke the bites.
Rochester Police Officer Mark Belisle testified that he was called to take the bite report at
the hospital. He observed Siebenaler's injuries that she stated were caused by Finley's dog.
Her statement was consistent with her testimony at the hearing. He then went to the Finley's
home and confirmed that the dog was still there and informed Finley that Animal Control would
follow up concerning the bite and quarantine.
Rochester Community Service Officer Erica Ganrude testified that she went to the Finley
residence on July 15th and provided the quarantine information and explained the dangerous
dog ordinance. She indicated Texas was in a kennel and looked scared. She indicated that the
• dog had been vaccinated but had not been licensed until July 12, 2010. She stated that a notice
2
• 2. RCO Section 106A.18, Subd. 15a provides that an animal may be
destroyed under certain circumstances including if the dog:
A. Inflicted substantial or great bodily harm (as those terms are defined in
Minn. Stat. §609,02) on public or private property without provocation;
B. Inflicted multiple bites on a human on public or private property without
provocation;
C. Bit multiple human victims on public or private property in the same attack
without provocation; or
D. Bit a human on public or private property without provocation in an attack
where more than one dog participated in the attack.
3. The evidence presented establishes that on July 10, 2010, Texas inflicted multiple
bites on Rose Siebenaler, the first being a bite causing punctures wounds to her lower back and
the second being bites to the back of her leg causing extensive tearing.
4. RCO Section 106A.18, Subd. 15b. describes the hearing rights before an
animal may be destroyed and reads as follows:
Hearing. The Animal Control Unit shall issue a notice of intent to destroy
the dog to the Owner. The Owner shall have three days from receipt of the
notice to request a hearing before the Animal Complaint Review Panel.
The Owner shall have the burden of establishing that the exemptions in
Subd. 12 apply to this incident, or that the dog would not otherwise be
declared dangerous or potentially dangerous following a hearing conducted
for that purpose.
5. Jayne Finley timely requested a hearing on this matter.
6. RCO Section 106A.18, Subd. 12 providing the exemptions reads as follows:
Subd. 12. Exemptions. Dogs may not be declared dangerous or potentially
dangerous if the threat, injury or damage was sustained by a person;
A. Who was at the time of injury committing or attempting to commit a
• willful trespass or other tort or crime upon the premises occupied by the
4
a �
• dangerous in Minnesota.
CONCLUSIONS OF LAW
1. This matter is properly before the Panel pursuant to Section 106A.18, subd. 3(c).
2. The Panel concludes, on the basis of the evidence presented, that Finley has not
met her burden of proving that the dog Texas did not engage in conduct that meets the following
criteria:
(1) when unprovoked, inflicts bites on a human or domestic animal on
public or private property; or
(2) when unprovoked, chases or approaches a person upon the streets,
sidewalks or any public or private property, other than the dog owner's property, in
an apparent attitude of attack; or
(3) has a known propensity, tendency or disposition to attack without
• provocation causing injury or otherwise threatening the safety or humans or other
domestic animals.
3. The Panel concludes, on the basis of the evidence presented, that Finley has
failed to meet her burden of proving that the exemptions in Subd. 12 apply.
4. The Panel concludes, on the basis of the evidence presented, that Finley has
failed to meet her burden of showing that the dog Texas did not engage in conduct that meets
the following:
A. Inflicted substantial or great bodily harm (as those terms are defined in
Minn. Stat. §609.02) on public or private property without provocation;
B. Inflicted multiple bites on a human on public or private property without
provocation;
C. Bit multiple human victims on public or.private property in the same attack
without provocation; or
6
(v) that the standard boarding fees ($5 per day) and adoption fee ($5) shall be paid prior
to the release of the dog.
Dated at Rochester, Minnesota this Cday of ZL�/lfZ, 2010.
Z'
DENNIS HANSON, President of the
Rochester City Council
Finley,Fof\dog.doc
•
• g
• To Whom It May Concern;
August 5, 2090
We are requesting a hearing beheld in regards to impound#9796,
Texas.
We feel that this dog is not a threat to anyone. Texas has been around a
year old girl who has pulled tails and ears and she has never been bite. We
feel that this dog should be given a chance to live whether it be with us or
in a country setting. We have to be able to have time to find this dog a
country home. Please give us the time to find him a home.
Dogs are not mechanical creatures. Their brains do not work the same way
that a human's does. They lack human reasoning and some of our more
complicated.emotions. This is what makes a dog special.
A dog does not reason, they react. Dogs never premeditate their actions."They never think that I am going to bite the mailman today. " When a dog
bites, there is 99% chance it is the human's fault for not communicating
With the dog properly. This is a proven,factor. Dogs and animals in gereral
have a universal language. They read one another's energy and emotions.
Dogs cannot speak words, so they are unable to tell us what they really
want or need.
• A German Shepard is what you make him. If you love
Y a german Shepard
and show kinds of love a german Shepard is a warm, attentive dog. If you
tease and torment a german Shepard you will have just that, a dog that is a
mean dog and Texas is not that He is a very loved dog.
Texas, has gone to Pet Smart Training School, 8 week course. We have
spent alot of money in this dog and believe that this dog is not a threat. We
have several letters stating from people that have been around Texas, and
that they don't feel that Texas is a threat to them or others.
If my dog has bite anyone I would expect to see the wound marks from this
episode. We have not been able to see anything. I can see if this lady was
running away from my dog jumping on her back side. Only because she
was running away and the dog didn't bite her for any other reason except
the woman was afraid and that made Texas afraid. He was only protecting
his own if this did happen.
Let us find Texas a country home. You say humanely destroyed What part
Of putting a good dog down is humanely?Please give Texas a chancellll
U
ROCHESTER
��' '��fD.AUGUST•5
ROGER PETERSON
Chief of Police
Rochester Police Department
101 4th St. S.E.
Rochester, MN 55904-3761
www.rochestermn.gov
1215NW13Ave
Rochester, MN 55901
Incident Number 2010-52666
• 08-06-10
Dear Jayne Marie Finley,
This letter is being sent to you as a notice of intent to destroy the dog, impound#9796; Texas. You as
the owner have 3 (three) days from receipt of this letter to request a hearing before Animal Complaint
Review Panel. You have the burden of establishing that the exemptions of ordinance 106A.18 Sub 12
not apply to this incident, or that the dog would not otherwise be declared dangerous and potentially
dangerous following a hearing conducted for that purpose. If,you would like a hearing to be conducted
a rci{iicst liitJii be Put in v"i;t;;,g and drli l e :l t
Je' }n Reed with .r`}hc 3{jays at the 'Law Fr iforc£'rt'1P.nt
Center otherwise the dog(Texas, impound#9796) will be humanely destroyed on 08-12-10.
If you have any questions please contact Animal Control Officer Ganrude at 507-328-6960#2 or the
Animal Control Supervisor's Office at 507-328-6983.
Respectfully,
ACO Erica Ganrude #2612
An Equol'Opportunil71 Errrolnyer
� Supplemental Report
All Photos and Audio/Video recordings are to be ::I@C�R # �10 �2666
Office
r: noted in the body of report
M. BELISLE # 2199
PRELIMINARY:
On 07-10-10 at 17:45 hours I was sent to St. Mary's Emergency Room to meet with a subject regarding a dog
bite.
OBSERVATIONS:
• At 17:55 hours I met with Rose Siebenaler in the emergency room.
• She stated she lives at 1211 NW 13`h ave.in Rochester.
• She had noticed her neighbors dog was running loose in her yard at around 17:15 hours.
• She was not certain of the owners address but stated it was the next house to the north from hers.
• The dogs owners name is Jane Finley, possibly 1215 NW 13t' ave.
• Rose went next door to the front door to try to make contact with the owner.
• Rose was at the front door(1215 NW 131h ave) knocking.
• The dog, a large German Shepherd, bit Rose on the lower back.
• Rose ran towards her house and the dog followed.
• Rose stated the dog was growling and sounded vicious.
• The dog bit her on the back of her right knee.
• Rose got away from the dog and went into her house.
• Rose had punctures and scratches on her lower back.
• She also had several deep lacerations on the back of her right knee and upper right calf.
• Rose immediately went to St. Mary's Emergency Room for treatment.
• She stated she thought the dogs name was Texas and estimated it's weight at 150 pounds.
• She did not know of any prior incidents with this dog.
DISPOSITION:
• Photographs downloaded.
• Officers Kenison and Green assisted by making contact with the dogs owner, see supplement.
• Animal bite report form attached.
• Medical release attached.
•
page # 1
Original to Records Copy to investigations Copy to Administration
Revised 611105
' NOTIFICATION FOR RABIES EXPOSURE EVALUATION
If the exposure occurred within the City of Rochester, MN send report to:
Rochester Animal Control
2150 SE Campus Dr Fax: 507.529.4832
Rochester MN 55904 Phone: 507.328.6960
**If the exposure occurred outside the City of Rochester, please contact the law
enforcement agency having jurisdiction at the location where the bite occurred.**
Data, Rights and Duties: Prompt reporting of this information to Rochester Animal Control is requested by Ordinance#106A.17 as
authorized by Minnesota Statutes 13.04, 13.05, 13.38.05, 13.39 and 13.82,to help confine the animal and determine the risk of rabies
exposure to the victims and others.
Person Bitten: Rose Irene Siebenaler PATIENT DATA
Age: 57
Home Address: 1211 NW 13 ave El male x Female
City: state:Mn zip: 55901
Business Address: City: State:
Home Phone # Work Phone
: 507-288-8387 Zip:
#:
Parent or Guardian if Minor:
Date of Exposure: 07-10-10 I Time of Ex osure: 17:15 ❑ AM x PM
Part of Body Bitten: lease be specific) Lower back, back of right knee and calf
Address/Location of Biting Incident: 1215 and 1211 NW 13,nave
Cause of Bite? unprovoked
Did Bite Break Skin? xYES ❑ NO Was Animal Provoked: El YES x NO
Name of Others Bitten by This Animal: n/a
ANIMAL DATA
ecies of Bitin Animal: German Shepherd x Domestic
Descri tion of Animal: ❑ Wild
Environment: x Urban ❑ Suburban ❑ Rural ❑ Other Immunization Status:
Name of Owner: Jane Finley
Home Address: 1215 NW 131 ave Phone #: Work Phone #:
City: Rochester State: Mn Zi : 55901 Count : Olmsted
Name of Veterinarian: Work Phone #:
Where is the Animal Now:
PROPHYLAXIS DATA
Name of Examining Physician: St. Mar 's Emergency Room Exam Date: 07-10-10
Name of Medical Facility Where Treated:
Name of Person Making this Report: M. Belisle #2199 Date: 07-10-10
* :ROC14ESTE'R ANIMAL CoNTAOL USE'+ONLY _
Name of Law Enforcement Agency Reports Faxed to: Date: Time:
ACO/CSO Official Taking Report: Date: Time:
ICR #
Animal Owner Contacted By: Date: Time:
Exposure Victim Contacted By: Date: Time:
Bitin Animal Examined By: Date: Time:
Date: I Time:
TENNESSEN WARNING
[Minnesota Statute,Section 13.38.05,Health Data,and Section 13.39,Investigative Data]Health data on individuals is private but may be disclosed to the subject's physician and
to law enforcement and public health authorities to locate,identify or alert persons for the purpose of controlling or preventing the spread of serious disease or diminishing an
imminent threat to the public health. Investigative data may be made accessible to law enforcement,animal warden,and public health authorities including the Minnesota
Department of Health where such information will aid the law enforcement process or promote public health or safety.Patient/Victim Notified: ❑ YES ❑ NO
Revised 1/08
• rU``�)
Revised;''danen9 •
EVENT REPORT
ICR#: 10-52666
® Rochester Police Department All Photos and Audiolvideo recordings are to be
❑ Olmsted County Sheriffs Office noted in the body of report Reviewed by:
Event DOG BITE Cross Reference#
Date and Time Date Juvenile Involved ❑Yes ® No
Time Date Time Date and Time Reporting Date Time
of Event: 07-10-10 17::15 TO
Event Officer Assi ned: 07-10-10 17:45
Location: 1211 NW 13T"AVE Forced Entry?
Victim First Middle El Yes ®No
Name ROSE IRENE Last LiVIS
SIEBENALER ®Adult
DOB 02-14-53 ❑Juvenile
DL No. AKA ❑Male ®White El Asian
Residence ®Female El Black ❑
1211 NW 13T"AVE
Email
Phone 273-4226, H-288-8387
Business N/A
Complainant First Middle Phone
Name SAME Last ❑Adult
DOB ❑Juvenile
DL No. AKA ❑ Male ❑White ❑Asian
Residence ❑ Female ❑ Black ❑
Email
Business Phone
WltneSS First Middle Phone
Name NONE Last
DOB ❑Adult
[I Juvenile
DL No. ❑Male ❑White
AKA ❑Female ❑ Black O Asian
Residence
Email
Business Phone
Code* Property of Value Phone
Value
TInrditicate. more: L=Lost;S=Stolen; R=Recovered;D=Damaged
Suspect First Middle Total:
Name N/A Last
❑Adult
DOB
DL No. AKA ❑Male ❑Asian ❑Juvenile
❑White
Residence ❑Female ❑ Black ❑
Email
Business Phone
Height Weight Hair Phone
Description Eyes Glasses Type Facial Hair Type Weapon Type
Clothing
Description: ❑Alcohol ❑ Drugs
School Where Held? Ticket#
Vehicle ❑ Suspect ❑Victim ❑ Impound
License Plate: N/A State: Make: Year: Model:
Color:
Initial Investigating Officer(s): M.BELISLE#2199
Inv Unit ❑ Patrol Follow-up: ��``
�L�t'atrol Sin off
Assigned: Follow-up Inv esti ator(s)l"—ti'j j /
�n r`o
❑ Open/Inactive ❑Closed/Arrest
❑Closed/Exceptional ❑Closed/Unfounded.._
Cop to: <<❑ Non Criminal
❑ Count Attorne ❑Cit Attorne ❑Other. F j
❑Victim Notification Sent
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t
Supplemental Report All Photos and RudioN dings o are to be
ideo recordings' ICR # �0 - 52666
fflCer: noted in the body of report
Kenison 2382
Preliminary Information
On July 10, 2010 Officer B Green and I assisted Officer M Belisle during an animal bite call. I assisted
by speaking with the owner of the dog which bit the neighbor. I made contact with Jayne Marie Finley DOB
5/5/62 who is the owner of the animal.
Officer Actions/Observations
I did or observed the following:
• I conducted a taped interview with Finley
Involved Person Statement
Jayne Marie Finley DOB 5/5/62 told me the following:
• The dog was in the garage
• She could hear her dog barking at the front door which was not normal, this drew her attention to the
front of the house
• She went to the front door an noticed her dog sitting on the front porch
• A few minutes later the neighbor came over and told her that her dog had just bit someone
• She did not witness her dog bite the neighbor at 1211 NW 131h Ave
• The dog is a 13 month old German Shepherd and it is not aggressive and this was the first time the dog
• has bitten anyone
• She does not know how the dog got out of the back yard and into the front yard
• The dog has current rabies vaccination
Officer Actions/Observations
I did or observed the following:
• I instructed Finley that the dog needed to be quarantined and.that an Animal Control Officer would be
contacting her about the incident
• Finley was also instructed to obtain a dog bite report and forward it to the Olmsted County Health
Department
Disposition
• See other reports
• _.
Page # 1
Revised 16June09 Original to Records Copy to Investigations Copy to Administration
Supplemental Report
All Photos and AudioNideo recordings are to be TCR # - 52666
Officer: noted in the body of report
AftACO E. Ganrude#2612 `7
Supplemental Follow Up
On 07-15-10 at about 1130 hours I, Animal Control Officer E. Gan-rude#2612 arrived at 1215 NW 13 Ave
Rochester, MN to speak with the owner of a dog that bit on 07-10-10.
Officer's Actions/Observations
Upon arrival at the scene I did and saw the following:
• I spoke with owner;Jayne Marie Finley(DOB: 05-05-1962.)
• I advised Finley of the 10 day quarantine process.
• I informed Finley that I may have to send her a potentially danger letter regarding her German Sheppard.
0 I explained to Finley the potentially dangerous dog ordinances.
O 1 informed Finley I.would stop back and see the dog after the 10 day quarantine process is over on 07-
21-10.
0 I asked Finley if I could see the dog.
• I saw the dog; mostly black, large, unaltered male German Sheppard.
• The dog looked about a year old.
0 The dog did not try and attack me.
• The dog just sat in his kennel and looked at me (with a full bowl of water in front of him).
• I observed the Finley's backyard and fence.
• The fence was about 4 feet tall and the backyard was full of debris.
• Suspect's Statement
Jayne Marie Finley, DOB: 05-05-1962
1215 NW 13 Ave Rochester, MN 55901
507-289-8354
• The dog has never done anything like this before.
• I have no idea how the dog got over the fence.
• He might have jumped over the fence, I don't know.
• I understand the quarantine process, I have been kenneling him.
• He is in the garage in a kennel.
• My daughter can take you around to the back of the garage and see him.
0 My dog does have a license.
• I am home most of the time; I run a daycare out of my home.
Officer's Actions/Observations
According to Rochester AS400 Finley's dog was licensed on 07-12-2010 and will expire on 11-06-2010.
Evidence Collected
• Attached is a copy of the potentially dangerous letter I mailed Finley.
Disposition
I am mailing a Potentially Dangerous Letter to Jayne Marie Finley regarding her dog; "Texas", male German
• Sheppard based on 106A18 Sub 1 and the primary officer's observations.
Follow up on the 10 day quarantine on the German Sheppard.
� cRag ,,Revised 16June09 Original to Records Copy to Investigations Co o ._d, rnisfra NA P w 6a _m
. Date: 07-16-10 NOTICE OF INTENT TO DECLARE DOG AS:
X Potentially Dangerous
Dangerous
Owner's Name: Jame Marie Finley
Address: 1215 NW 13_Ave Rochester MN 55901
The Rochester Police Department Animal Control Unit has investigated a complaint
involving your dog; 13 month old German Sheppard.
ICR#: 2010-52666. It is the opinion of the Police Animal Control Unit that your dog
exhibits behavior in that it:
-when unprovoked, inflicted a bite on a human or domestic animal, and or/
-when unprovoked, chases or approaches a person upon the streets, sidewalks, or any public
property in an apparent attitude of attack; or
-has a propensity,tendency, or disposition to attack without provocation,causing injury or
otherwise threatening the safety of humans or other domestic animals.
-without provocation, inflicted substantial bodily Kann on a human being on public or private
property; and/or
-killed a domestic animal without provocation while off the owner's property; and/or
-has been found to be potentially dangerous, and after you have been served notice of this
finding,the dog aggressively bit, attacked, or endangered the safety of humans or other domestic
• animals.
This letter serves to inform you of our intent to declare your dog as;
-potentially dangerous, according to Rochester City ordinance 106A.18 sub 1 b.
-dangerous, according to Rochester City ordinance 106A.18 sub 1 a.
If you disagree with this notice,you have the right to ask for a review of this declaration before
an administrative review panel by contacting the Special Services Supervisor at 328-6983 or the
Patrol Division Captain at 285-8271.
If you do not contest this notice within 14 calendar days,you will be considered to have forfeited
the right to this hearing and as having consented to the designation of the dog as potentially
dangerous/dangerous by default. You will then be subject to all applicable regulations
concerning dangerous dogs. A copy of the major restrictions and requirements imposed by the
Code of Rochester City ordinances is enclosed with this notice.
You may choose to remove your dog from the City limits,have the dog euthanized, or surrender
the dog to the Animal Control Unit. If you choose to do any of these, contact the Animal Control
Unit(328-6960)within 14 days from the receipt of this notice.
If you have any questions concerning this matter,please contact me at 328-6960 or the Special
Services Supervisor at 328-6983.
• Animal Control Officer: Erica Ganrude #2612
Encl.
r � 4!
Submitted to Records:Supplemental Report ❑ Film:Number of Rolls ICR # 10 - 52666
❑ Video Tapes:#of Tapes
fficer: ❑ Digital Photos Downloaded:#of Photos
KC Reed ❑ Digital Recordings Downloaded:#of recordings
❑ Incident Recorded on Squad Videotape:Squad#
On Wednesday, July 21, 2010 at approximately 1430 hours, I(Lt KC Reed) spoke with Jayne Finley concerning
her dog Texas the German Shepherd. She advised that Erica is going to be stopping by her residence at 3:30
PM to check on the dog. I asked her about the vaccinations for her dog and I was told that she is up to date on
the shots for Texas, that he got his shots last November. Her veterinarian is Cascade Animal Clinic.
I then called Cascade and they informed me that Texas had in fact been in on November 6th, 2009 and received
his shots, so he is current.
I called Rose Siebenaler and gave her this information.
Lt KC Reed
�C
•
• onL
Page # 1
Original to Records Copy to Investigations Copy to Administration
Supplemental Report ICR # 00 - 52666
' All Photos and AudioNideo recordings are to be
fficer: noted in the body of report
CO E. Ganrude#2612
Supplemental Follow Up
On 07-21-10 at about 1530 hours I, Animal Control Officer E. Garirude#2612 arrived at 1215 NW 13 Ave to
see the dog that bit.
Officer's Actions/Observations
Upon arrival at the scene I did and saw the following:
• I saw the dog.
• The dog looked healthy according to my training and experiences.
• I photographed the dog, 3 photos downloaded to LEC Server.
• I advised to Finley to get training for her dog.
O I gave Finley all my contact information.
Suspect's Statement
Jayne Marie Finley, DOB: 05-05-1962
1215 NW 13 Ave Rochester, MN 55901
507-289-8354
• I will be getting a muzzle for my dog.
0 I will be looking into classes to train my dog.
Here is a copy of my dog's rabies vaccinations from Cascade.
• i I will call you with any additional questions.
Evidence Collected
• Copy of Cascade Animal Medical Center rabies vaccinations for Finley dog.
0 3 photographs of the dog that bit downloaded to the LEC Server.
Disposition
Open/Active.
•
�a
Revised 16June09 Original to Records Copy to Investigations Copy 6` *hYn sfrav6rj �,,,_5i ! y
Cascade Animal Medical Center
4020 26th St NW
Rochester, MN 55901
(507)282-861 1
VACCINATION CERTIFICATE
7/21 /2010
This is to certify that Texas, a black/tan GERM-AN SHEPHERD owned by Jessey Finley
was either vaccinated at our clinic or had shown us proof for the following vaccinations
Birthdate: 6/8/2009
Sex: Male
• VACCINATION DUE DATE
RABIES 1 YEAR BOOSTER CANINE 11/6/2010
DHPPC/LEPTO BOOSTER 11/6/2010
Intestinal Parasite Test 7/28/2010
BORDETELLA BOOSTER-INJ 8/7/2010
•
Submitted to Records:
Supplemental Report ❑ Film: Number of Rolls IC,R 10 . 52666
❑ Video Tapes:#of Tapes
ffiCer: ❑ Digital Photos Downloaded:#of Photos
Sgt. R. Miller#2118 ® Digital Recordings Downloaded:#of recordings 3
❑ Incident Recorded on Squad Videotape:Squad#
On 8/4/10 I (Sgt. R. Miller#2118) went with CSO Ganrude 1215 13 AV NW. to assist with a Potentially
Dangerous Dog follow-up. The animal and owner were not in compliance and the animal was seized,the owner
(later Identified as Jane Finley) transported the animal to the shelter and placed the dog in a kennel at the
shelter.
Officer Observations actions:
• Upon my arrival at 1215 NW 13 AV I could see a pile of brush (stacked about the size of a small car) in
the back yard.
• I could see there were boards stuck in places on the fence to fill gaps in the chain link between the fence
and the ground.
• I did not see any placards for a dangerous dog at the entrances of the property.
• I did not see any cement floored, covered kennel.
9 ' When I saw the dog it was not wearing a tag indicating it was dangerous,but it was muzzled.
0 There were sections of palisade fence attached to the chain link fence on the south side of the yard.
9 At the front door of the house I could smell feces and rotting garbage, there were boxes, infant toys and
an infant walker on the front porch.
• I saw toys and trash strewn about the yard and in places could not differentiate between the toys and
trash.
• Community Service Officer Ganrude knocked on the door with no reply from within.
• I knocked on the door and got a response from inside.
• Three women came to the door an elderly woman who was mostly quiet. young woman estimated as
about 18 and Jayne Marie who was referred to as mother by the young woman.
• CSO Ganrude explained that we were there to pick up the dog that had bit a person.
• The young woman became very upset stating that we could not take the dog, she had 14 days to make
the changes,but we couldn't take the dog.
• I said the 14 days were over yesterday(August 3", 2010).
0 I explained that she was not in compliance,because there was no kennel,no placard, the dog was not
registered.
0 The woman said she had the house and it was good enough for the kennel that the dog had broken the
kennel they had inside.
0 I explained that the house had broken windows and screens were missing and was not sufficient to hold
the dog.
• After discussing the case with the Finley the young woman slammed the door from inside the house.
• The young woman was screaming that"they are not taking my dog", "they can use their own", I am not
giving them the dog".
• A short time later the young woman exited the house with a muzzled German Sheppard.
• The young woman looked at CSO Ganrude and screamed"you bitch".
• The young woman got into a car and said she would take the dog to the shelter, Finley drove the young
woman and the dog to the shelter.
• At the shelter the young woman dragged the dog into the shelter causing the dog to strike its head
against the door as they entered.
The young woman was trying to barter to get her dog back and I told her if she could find someone who
met all the requirements of the Dangerous dog ordinance by 1:00 the next day they could adopt it or else
the animal was going to be put down.
Page # 1
Original to Records Copy to Investigations Copy to Administration
r
Sup lemental Report ICR #: 10 — 52666
4Officer: Sgt. R. Miller#2118
• I explained further that the new person needed to know it was declared a dangerous dog, that they
needed to register the dog,insure the dog and keep in muzzled and in a kennel as required.
• The young woman agreed and left.
On 815110 CSO Ganrude told me that someone from Two Harbors was on their way to pick up the dog.
• CSO Ganrude called two harbors and they told her by city ordinance the dog was not allowed in the
city.
• CSO Ganrude called me at about 1600hrs and told me nobody came to pick up the dog.
• CSO Ganrude notified and delivered a letter of intent to declare the dog dangerous under the 3 day
exception of, multiple bites to an individual.
Disposition:
Waiting for appeal time to expire.
0
Page # 2
Original to Records Copy to Investigations Copy to Administration
Supplemental Report All Photos and Audio/Video recordings are to be ICR # 10 - 52666
fficer: noted in the body of report
CO E. Gan rude #2612 7V
Supplemental Follow Up
On 08-04-10 at about 1220 hours I,Animal Control Officer E. Ganrude 42612 arrived at 1215 NW 13 Ave
accompanied by Sgt. R. Miller.
Officer's Actions/Observations
Upon arrival at the scene I did and saw the following:
0 I saw that there was no placard visible by the front entrance of the house.
• I knocked on the front door and Jayne Finley and her daughter Jessey Marie Finley (DOB: 02-26-1992)
came outside.
• I informed the Finley's that they have not come in compliance with the City of Rochester potentially
dangerous ordinances.
• I stated to the Finley's, your 14 days to come in compliance are done.
Suspect's/Dog Owner's Statement
Jayne Marie Finley, DOB: 05-05-1962
1215 NW 13 Ave Rochester, MN 55901
(Summarized; conversation recorded by Sgt. Miller)
9 1 have about 15 things going on at once.
• We started with the fence.
G We are in the process of getting rid of him (dog that bit; Texas.)
• He (Texas) is just getting to be too much money.
• We can't afford all that stuff.
0 We are out(side) with him (Texas).
• We didn't know how many days we had either.
• 1 didn't see that in there (in the letter of intent to declare potentially dangerous).
0 I'm getting a pit-bull then.
• Jessey, you're not driving.
• Jessey mellow out.
• You're not driving.
• We'll follow you.
Jayne Finley's Daughter's Statement
Jessey Marie Finley, DOB: 02-26-1992
1215 NW 13 Ave Rochester, MN 55901
507-990-1255
(Summarized; conversation recorded by Sgt. Miller)
0 "We got a kennel".
• "I don't care, I want rid of them damn nosey ass neighbors."
• "He (Texas) is not even in the kennel anymore."
• "He (Texas) is in the house because he broke the kennel."
• • "$300 for him then."
• Ya but, it also says in that paperwork as long as he is in a house or something like that where he can't
get out, it doesn't say you just need a kennel, "what the fuck."
Pa a # 1
Revised UJune09 Original to Records Copy to Investigations Copy tD Adr irnstratilo t
w r r r"t 1 '
Lr_�. .. . ,. . _-Zm
Supplemental Report ICR #: 10 — 52666
fficer: ACO E. Ganrude #2612
• (Jessey goes into the house and slams the door shut).
• (Could hear Jessey yelling, screaming and crying inside the house).
• "Fuckers win!"
• "Stupid Bitch next door!"
• "Fucking Whore, Bitch!"
• I'll taken him (Texas) myself down there(to the shelter).
• (Jessey is crying loadly).
• "The fucking neighbors, everyone wins!"
• "No it's not fair!"
• "I don't even know if it's true they got bit, nobody seen, flickers!"
• (Loud screaming and crying).
Officer's Actions/Observations
• I observed Jessey go into the house and get the Gennan Sheppard (Texas).
• The dog was muzzled when brought out and put into Jessey's car.
• Jayne and Jessey followed my vehicle to the Rochester Animal Shelter to impound the dog because the
Finley's where not in compliance with the City of Rochester ordinances for potentially dangerous dogs.
• Dog (Texas) was impounded at the Rochester Animal Shelter, impound number 9796.
Jayne Finley's Daughter's Statement
• Jessey Marie Finley, DOD: 02-26-1992
1215 NW 13 Ave Rochester, MN 55901
507-990-1255
(Summarized; conversation recorded by Sgt.Miller)
• (Arrived at the Rochester Animal Shelter).
• No one told us that we had 14 days to comply with this shit.
• "Come on you fucking dog".
• "You never said we have 14 days."
• "What-ever, put it down."
• "I want his ashes and everything."
• "If I'm going to pay for it, I want his ashes, got it, good, k!"
• "Why do I have to pay for it, if I don't get what I want then?"
• "Fine, kill the dog and give it back to me and I'll bury it."
• "Want the dog with me, don't care if it's dead or alive, I want it with me."
• "It's my dog."
• "How much is it going to cost me to put him down?"
• "Well no one's going to want him." (Him referring to Texas)
• "Not far to him."
• "I did train him once."
• "Sorry I did go throw the 500, 600, 700 dollar fucking training classes, but I don't have that kind of
money."
• • "Sony I have a daughter to support."
• (Jessey steps out of the room and comes back).
• "I wanna see pictures of the dog bite from that bitch."
• "Nobody knows if it really happened, did you guys see pictures?"
: : Page.# 2
Original to Records Copy to Investigations Copy to Administration ,:c = ...:. �``x
4
Su plemental Report ICR #: 10 — 52666
fficer: AGO E. Ganrude#2612
• "I don't know when the cop came to the house that's when we got told that the dog bit."
• "Stupid fucking neighbors shouldn't have been on my property anyways."
Suspect's/Dog Owner's Statement
Jayne Marie Finley, DOB: 05-05-1962
1215 NW 13 Ave Rochester,MN 55901
(Summarized; conversation recorded by Sgt. Miller)
• "We, all live him."
Disposition
Follow up with Finley after 24 hours to see if they have come in compliance or have found someone to adopt
the dog (Texas) outside of the City of Rochester.
•
•
Page, r3_:.
Original to Records Copy to Investigations Copy to Administration` '
F. I.
Supplemental Report All Photos and Audio/Video recordings are to be IC R # 1 0 - 52666
fflcer: noted in the body of report
ACO E. Ganrude#2612
Associate of Jayne Marie Finley (Sister)
Susan Renee Christopherson (DOB: 06-18-1956)
R& S Trucking
23160 720 Street Hayfield, MN 55940
507-365-8657
Supplemental Follow Up
On 08-05-10 I, Animal Control Officer E. Ganrude 92612 received a call from Susan Renee Christopherson
(DOB: 06-18-1956)regarding her sister's dog; Texas.
Officer's Actions/Observations
Conversation Recorded and downloaded to Rochester LEC Server
(Summarization)
• I informed Christopherson I did take Finley's German Sheppard because the Finley's where not in
compliance with the City of Rochester ordinances for Potentially Dangerous dog.
• I advised Christopherson that the Finley's would have 24 hours to come in compliance or find a new
home for the dog otherwise the dog would be euthanized.
• I advised Christopherson that the Finley's did already have 14 days to come in compliance prior to me
• taking the dog.
• 1 advised Christopherson that if the dog was adopted by another person, the same regulations for a
potentially dangerous dog apply to them.
• I advised Christopherson to contact me by 1:00pm the following day with someone that wants Texas.
Jayne Marie Finley's Sister's Statement
Susan Renee Christopherson (DOB: 06-18-1956)
R & S Trucking
23160 720 Street Hayfield, MN 55940
507-365-8657
0 "I live out by Hayfield."
• And my mother is Finley.
• You come to her house and took a German Sheppard dog.
• I don't understand why they didn't tell you I have been looking for a farm.
I'm trying to get a hold of these people right now.
• They haven't got back with me, I work all day.
• That dog is not a vicious dog.
• That dog is a lot of money put into it for schooling.
• I think that dog was tormented a lot by these next door neighbors.
0 "I feel if that dog is put to sleep we are going to have some problems here."
• "I don't want to see this dog put to sleep, do you?"
• • "I will get a hold of these people tonight and get back with you."
• I'm Vivian's daughter from Hayfield, I live in the country I would take the dog but I have chickens.
• "Finley is my maiden name and Jayne is my sister and Jessey is my niece."
• "356-8657."
RN
z_
r PageE '
Revised lQune09 Original to Records Copy to Investigations Copy to tnjnfstration<
Supplemental Report ICR #: 10 - 52666
Officer: ACO E. Ganrude #2612
Officer's Actions and Observations
• According to the Rochester Animal Control telephone caller ID, it stated that R& S Trucking was
calling with number 507-356-8657 while I was talking to Sue Christopherson.
• According to Driver and Vehicle Serves (DVS) of MN;the only person living in Hayfield, MN with the
name S. Christopherson is Susan Renee Christopherson DOB: 06-18-1956.
• The address on DVS is 23160 720 Street Hayfield, MN 55940.
• On 08-07-10 I telephoned Jayne Marie Finley(at 507-289-8354) to make sure that Susan Renee
Christopherson was actually her sister.
• I asked Finley what her sister's name and phone number were.
Suspect's Statement
Jayne Marie Finley, DOB: 05-05-1962
• Yes, Susan Renee Christopherson is my sister.
• Her number is 356-8657.
• She has a Hayfield address.
• She is coming to the hearing with us.
Evidence Collected
• Conversation recorded between myself and Susan Renee Christopherson and downloaded to Rochester
• LEC Server.
Disposition
Follow up to see if the Finley's find a new home for their dog; Texas.
•
r
Page #`2=
Original to Records Copy to Investigations Copy to Administration
Supplemental Report All Photos and Audio/Video recordings are to be ICR # 10 - 52666
fficer: noted in the body of report
ACO E. Ganrude#2612
Supplemental Follow Up
On 08-05-10 I, Animal Control Officer E. Ganrude 42612 received a 2°d call from Susan Renee Christopherson
regarding dog named Texas (caller ID of the Rochester Animal Control stated R& S Trucking 507-365-8657
was calling.)
Officer's Actions/Observations
• 1 asked Christopherson if the person that wants to adopt the dog is informed that the dog was deemed
potentially dangerous.
• I asked Christopherson if she advised the person wanting to adopt the dog that the County/City he lives
in will be notified of the declaration deemed to the dog (potentially dangerous).
a I asked Christopherson if she could forward me the emails between her and the person adopting the dog.
• I explained to Christopherson how to forward me the emails.
• I informed Christopherson that the person wanting to adopt the dog has to be here (Rochester Animal
Shelter)by 1:00(pm).
Susan Renee Christopherson's Statement
(Summarized)
• Did anyone come and pick up the dog yet today?
• • There is a guy coming and he suppose to be coming from Two Harbors.
• He is driving 5 hours to get this dog.
• His name is Fang Gui.
• We have been just emailing back and forth and I'm taking it that he has already left because he don't
answer his phone now this morning.
• I have told him everything there is that I know about the dog.
• Yes I told him.
• In the email this morning, it says I'm going to come and get him, I'm going to give hire a great home in
Two Harbors, and I will drive a long ways for a good dog.
• He is coming; it's just a matter of keeping in contact with this guy.
• I would like Jessey to be able to say good bye to the dog.
• It's a long ways and they'll never get to see him.
• I didn't tell him that (the city would be notified.)
• I'm sure he's not worried about it.
• Yes I can, if I figure out how.
• Hoping that he is.
Evidence Collected
• Recorded conversation between myself and Susan Renee Christopherson, downloaded to the Rochester
LEC Server.
• Copy of email forwarded to me by Christopherson, attached to report (2 pages).
• Disposition
Follow up to see if the Finley's find a new home for their dog; Texas.
Page #
Revised 16June09 Original to Records Copy to Investigations Copy to A
f�E I istrafion
5Zlp&
Ganrude, Erica
• From: Sue Christopherson [suerchri@gmail.com]
Sent: Thursday, August 05, 2010 9:20 AM
To: Ganrude, Erica
Subject: Fwd: Re: dog
---------- Forwarded message ----------
From: <zen-x031 )umn.edu>
Date: Wed, Aug 4, 2010 at 10:44 PM
Subject: Re: Re: dog
To: suerchri.agmail.com
I am going to get him- and give him a great home in two harbors! I will drive for a good dog!!! can you call
me please???9522005549 I have waited your call all night...
yes i talked to you on the phone? you say you are from two harbors? wow thats along way to come down.
Please let me know if you get the dog. The dogs name is Texas. Please let us know that it is going to a good
home. Otherwise I will have to find another way to get this dog out.
. On Aug 4, 2010 4:31pm, zenex031 @umn.edu wrote:
if I may ask you why!? did she bite someone???
** CRAIGSLIST ADVISORY--- AVOID SCAMS BY DEALING LOCALLY
Avoid: wiring money, cross-border deals, work-at-home
* Beware: cashier checks, money orders, escrow, shipping
** More Info: http://NN.rx\�a..crai�slist.ori,/
_ about;scamG html
I have a german shepard dog to give away. I will need you to call if you're
1 0-Ri-1-1
x � � t
zcg-�#jo—'(;a(0(a6
interested in this dog. It is my nieces dog who lives in Rochester in the
p" 2 e2-. city. I have until 1 pm tomarrow to find an owner for this dog or it will
be
put down, and not by our choice. I will say that it is a nice dog and has
been through some training and my niece has got alot of money into him. But
she needs it gone.It needs to be in the country where it can run and play
not in town. call 507-365-8657
• ------------------------------------------------------------------
this message was remailed to you via: Comm-rn9ek-1878891720.c�craiusl ist.org
------------------------------------------------------------------
2 €ttr � r-
L- L
�'y
� R
Supplemental Report All Photos and Audio/Video recordings are to be IC'R # 10 - 52666
fficer: noted in the body of report
ACO E. Ganrude#2612
Supplemental Follow Up
On 08-06-10 I,Animal Control Officer E. Ganrude 92612 received a call from Susan Renee Christopherson
regarding the dog; Texas.
Officer's Actions/Observations (Summarized)
• I informed Christopherson that no one has come to adopt the dog; Texas.
• I explained the Christopherson that each county and city have different ordinances.
i informed Christopherson that the Finley's are adults and have had adequate time to find the dog a
home.
• I advised Christopherson that the Finley's received a packet of all the Potentially dangerous dog
ordinances
Susan Renee Christopherson's Statement
(Summarized)
• Has anyone come for the dog yet?
• No one has seen him?
• His phone, no one answers, so all I can take from is email is that he is on his way down here.
He must live on a farm,because he has an add on craigslist looking for a good watch dog since his past
• way.
• This is how I got a hold of this guy (craigslist).
• His number comes up on my phone as Fang Gui, and a phone number of 952-200-5549.
• The guy was really interested in the dog.
• I live the country and my dog bit a lady riding her bike by.
• No one ever came and took my dog away from me.
0 I live in Dodge County.
• I'm just trying to save a dog's life; I'm doing everything I can.
• I've seen the dog lay on the floor with a baby and pull its tail and never do anything.
• I really don't believe this dog would have bit anyone unless it was antagonized to bite.
• Sorry it has come to this.
• 1 didn't know nothing about it until yesterday.
• You won't believe how many phone calls I've had, if it was for him being at Animal Control, and it
wasn't even that he bit somebody.
• Most of the people that have called said they have dealt with you people.
• They have called you everything but white people.
a And I'm trying to keep my cool.
0 I don't believe this dog is vicious enough.
• I grew up with German Sheppards.
• I know what a German Sheppard will do.
All I can do is hope for the best.
Evidence Collected
• Recording conversation between Susan Renee Christopherson and myself, downloaded to the Rochester
LEC Server.
Page # 1
Revised 16June09 Original to Records Copy to Investigations Copy t(f(7,-A`,dmiriistratiori,
Y
Sup lemental Report ICR #: 10 - 52666
Officer: ACO E. Ganrude #2612
Disposition
Follow up to see if Finley's find a new home for their dog; Texas.
tFa g cR. 2
Original to Records Copy to Investigations Copy to Administ afion s `r
Supplemental Report All Photos and A udio/Video recordings are to be ICR # 10 - 52666
fficer: noted in the body of report
ACO E. Ganrude#2612
Supplemental Follow Up
On 08-06-10 I, Animal Control Officer E. Gamude 42612 telephoned Jayne Marie Finley at 507-289-8354.
Officer's Actions/Observations
• I informed Finley, no one has come to the Rochester Animal Shelter to adopt her dog; Texas.
• I informed Finley that the intentions of the City of Rochester are to euthanize the dog.
• 1 informed Finley I would be by and drop of the letter of intent to euthanize.
• 1 informed Finley that she would have 3 (three) days to contest and having a hearing set up in front of
the Animal Complaint Review Panel.
E I arrived at the Finley's house.
• I handed Finley the letter of intent to euthanize impound#9796.
• I explained to Finley she was able to owner release the dog to the City of Rochester.
• 1 explained to Finley that she is able to set up a hearing with the Animal Complaint Review Panel to
contest the euthanizing of the dog 99796.
• 1 explained to Finley that if the Animal Complaint Review Panel decided to go ahead and have the dog
euthanized that she would be responsible for all expenses involving the dog, #9796.
Owner of dog/ Suspect
Jayne Marie Finley, DOB: 05-05-1962
1215 NW 13 Ave Rochester, MN 55901
(Summarized)
1 want to contest the euthanizing.
• I will send the letter to Lt. Reed as soon as possible.
Evidence Collected
• Copy of letter of intent to euthanize dog named Texas impound 49796.
• Recorded conversation with myself and Jayne Finley, downloaded to Rochester LEC Server.
Disposition
Follow up with hearing with the Animal Complaint Review Panel regarding Finley's dog; impound 49796
(Texas).
•
n° iP 1
Revised 16June09 Original to Records Copy to Investigations Cop u t - a#i
1215NW13Ave
Rochester, MN 55901
Incident Number 2010-52666
08-06-10
Dear Jayne Marie Finley,
This letter is being sent to you as a notice of intent to destroy the dog, impound#9796;Texas. You as
the owner have 3 (three) days from receipt of this letter to request a hearing before Animal Complaint
Review Panel. You have the burden of establishing that the exemptions of ordinance 106A.18 Sub 12
not apply to this incident,or that the dog would not otherwise be declared dangerous and potentially
dangerous following a hearing conducted for that purpose. If you would like a hearing to be conducted
a request must be put in writing and delivered to Lt. Reed with in the 3 days at the Law Enforcement
Center otherwise the dog(Texas, impound#9796) will be humanely destroyed on 08-12-10.
If you have any questions please contact Animal Control Officer Ganrude at 507-328-6960#2 or the
Animal Control Supervisor's Office at 507-328-6983.
Respectfully,
ACO Erica Ganrude#2612
0 �
U., r '� A L
fficer:
lemental Report ICR # 10 - 52666
All Photos and AudioNideo recordings are to be
noted in the body of report
nrude#2612
Supplemental Follow Up
On 08-07-10 I, Animal Control Officer E. Ganrude 42612 received a call from Susan Renee Christopherson
regarding the Finley's dog; Texas.
Officer's Actions/Observations
• 1 advised Christopherson that Texas was not adoptable at this time because the 24 hours has passed for
the Finley's to have had the dog adopted.
• 1 advised Christopherson that the Finley's need to send a letter stating they want the contest the
euthanizing of the dog within three days and then a hearing would be set up.
• I advised Christopherson to contact Finley about the date of the hearing.
Susan Renee Christopherson's Statement
(Summarized)
• Why can't that dog be adopted?
• You said if we found a home in the county the dog could be adopted.
Evidence Collected
• Conversation recorded between myself and Susan Christopherson, downloaded to Rochester LEC
Server.
• Disposition
Follow up with the Finley's and the hearing with the Animal Control Review Panel.
•
"Ikia
lo Revised l6June09 Original to Records Copy to Investigations Copy fo A
My name is Danielle Laures I am an Area Trainer for PetSmart. I have been training
dogs for 9 years, I have been a Trainer at PetSmart for 3 years. Texas came through
my beginner class but was soon bumped up to our Intermediate class in May 2010.
Texas went through an 8 week class and passed his final test. In that amount of time I
had no reason to believe that he was aggressive in anyway. He let me pull on him and
let anyone pet him while he was in the store for his class. Texas came in 1 day a week
for an hour. I made sure that he did activities that made him uncomfortable to see how
he would react in different situations and I had no problems with him what so ever.
watch children crawl on him, give him treats, have him say hello to men and women,
along with older people. The only way that Texas would have gotten aggressive was if
he was provoked because I made sure that I did things that would annoy him and I got
little to no responce from him. The only thing i saw him do in a situation that he didnt
like was bark. I will answer any questions that you may have but Texas is not a threat
to anyone and I'm suprised that he bit anyone unless he was being teased. My cell
phone number is 507-421-9439 so if you have and questions please call and I will be
sure to help with any questions or concerns.
I had a couple managers work with Texas and one that worked with him on a weekly
basis was Alex Heimer. He worked with Texas and agrees that Texas was not
aggressive in any way to him or other people. He will also vouch that Texas is not a
threat and will also answer any questions his cell phone number is 507-272-3943
• Danielle Laures
i
Alex Heimer
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