NM dog-fighting case dismissed against brothers

NM dog-fighting case dismissed against brothers
Posted at: 11/13/2009 8:36 AM
By: The Associated Press

LAS CRUCES, N.M. (AP) - A judge has dismissed all charges against twin brothers who were accused of running a dogfighting breeding operation in Chaparral.  Tuesday's order by state District Judge Lisa Schultz dropped 50 combined counts of dog fighting, animal cruelty and conspiracy against Daron and Duryea Scott of El Paso, Texas.

Since the charges were dismissed with prejudice, prosecutors cannot refile the case.  The dismissal came after the state Court of Appeals in September upheld an earlier district court ruling throwing out all evidence in the case.
Chief Deputy District Attorney Susan Riedel says that without the evidence - including the dogs and photographs - there is no case.
(Copyright 2009 by The Associated Press. All Rights Reserved.)

Source: http://www.kob.com/article/stories/S1251187.shtml?cat=504

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Scott brothers getting dogs back
By Diana M. Alba Sun-News reporter
Posted: 12/14/2009 12:00:00 AM MST


LAS CRUCES -- Pit bulls seized more than two years ago from twin brothers Daron and Duryea Scott of El Paso will be returned to them over the next two weeks, said the Doña Ana County-Las Cruces animal shelter director last week.  Of the 18 dogs housed at the Animal Services Center of the Mesilla Valley, 10 are scheduled to be picked up by the Scotts on Tuesday, shelter director Beth Vesco-Mock said late Friday. They'll get the remaining animals a week later, she said.

Charges that the Scotts had used the animals for dog fighting were dropped last month, after the New Mexico Court of Appeals upheld a district court ruling that a search warrant had been obtained improperly. As a result, the evidence seized in the case remained suppressed in the case.  District Judge Lisa Schultz on Nov. 10 ordered that the state return the dogs within 30 days.

Apparently up until mid-afternoon Friday, when the dogs would be returned was still up in the air.

Deputy District Attorney Susan Riedel said a condition on the court order was that the animals be returned only when the Scotts could show they wouldn't be violating any ordinances by possessing the dogs. For instance, she said, the city of Las Cruces and Do-a Ana County restrict the total number of animals a person can have.

But Riedel said sheriff's department investigator Robyn Gojkovich, who's handling the release of the dogs, hadn't heard from the Scotts until Friday. She said the owner of seized property is responsible for claiming it, once a case is over.   "I think everybody is trying to work together to make sure these animals are properly cared for," she said. "Returning evidence that's a live animal is not as easy as returning evidence that's a bunch of papers."

Around 1 p.m. the same day, Jose Coronado of Las Cruces, attorney for Duryea Scott, said he wasn't certain how long it might take before the animals were transferred. He said the delay stemmed from "some issue with coordinating the right people to meet -- Robyn Gojkovich to meet with the Scotts."  In addition to the dogs, Coronado said investigators also must return documents taken from the Scotts' homes.

The animals were initially seized from four properties, two in El Paso and two in Chaparral, in August 2007. The Scotts have maintained the dogs were part of a show dog breeding operation.  Vesco-Mock said the 18 dogs, being housed one per cage because of their aggressiveness toward other dogs, have been taking up valuable shelter space. News that the animals are being returned is welcome, she said.  "It will do a lot; it will open up 18 runs for us to house more adoptable animals," she said. "It helps out greatly."

Authorities are keeping about a dozen dogs from the case at an undisclosed location.

The Scotts in August filed a lawsuit against county officials and prosecutors contending their civil rights were violated because a number of their dogs have been lost or mistakenly killed while in the custody of law enforcement, which is documented in a police report. In the complaint, they contend just 17 of the 57 dogs seized remain in the county's custody.  The lawsuit was filed in state court, but it has since been moved to federal court.

Source: http://www.lcsun-news.com/las_cruces-news/ci_13992024

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El Paso brothers pick up pit bulls
By Ashley Meeks Sun-News reporter
Posted: 12/16/2009 12:00:00 AM MST

LAS CRUCES - As scheduled, Daron and Duryea Scott began picking up the pit bulls seized from them more than two years ago, said county animal control director Curtis Childress.  The El Paso twins picked up 12 of their 17 dogs from the Animal Services Center of the Mesilla Valley on Tuesday, all of which shelter director Beth Vesco-Mock said "were in very good health when they left."

"They claimed they didn't own five of them," Childress said. "They were their dogs, but the problem of it is, we've had the dogs for three years. Some of the dogs were puppies, so they obviously look different and I'm not going to stand around and debate with them whether or not they're their dogs or not."

The Scott brothers told authorities the dogs would be going to Virginia, Houston, El Paso and Mexico, Childress said.

The remaining dogs will be spayed or neutered if they are able to be adopted out, Vesco-Mock said.  "We will hopefully, maybe be able to adopt them out," she said. "They're very shy. They came in as puppies and they're very, very shy, so we're going to hopefully be able to find them a home."

Charges that the Scotts had used the animals for dog fighting were dropped last month, after the New Mexico Court of Appeals ruled the search warrant had been obtained improperly, and District Judge Lisa Schultz on Nov. 10 ordered that the state return the dogs within 30 days.  The Scotts have maintained the dogs were part of a show dog breeding operation.

A condition on the court order was that the animals be returned only when the Scotts could show they wouldn't be violating any ordinances by possessing the dogs.  Their eight remaining dogs will be returned next Tuesday at 1 p.m., Childress said.

Ashley Meeks can be reached at ameeks@lcsun-news.com; (575) 541-5462.

Source: http://www.lcsun-news.com/las_cruces-news/ci_14006568

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Group to protest dogs' return to owners
By Diana M. Alba Sun-News reporter
Posted: 12/22/2009 12:00:00 AM MST

LAS CRUCES - A group of animal welfare advocates plan to hold a demonstration in front of the Do a Ana County-Las Cruces animal shelter today as twin brothers Daron and Duryea Scott of El Paso pick up the remainder of their pit bulls.  Michel Meunier, who helped organize the event, said the group will hold signs directed to the Scotts and to the public at large.

"It's geared toward (the Scotts) because they're taking and removing these dogs that have been at the shelter for years," she said. "Some have gone literally kennel crazy, a lot of them are very dog-aggressive, and it's geared toward them in the sense that we may be holding signs saying, 'Please don't send them back to dogfighters' or things like that."

The Scotts were charged with dog fighting, but the case was dismissed after the New Mexico Court of Appeals ruled the search warrant used to obtain evidence against them had been obtained improperly. The twins have maintained the dogs weren't involved in a fight dog breeding operation.  The demonstration is slated to begin at 12:30 p.m., while the Scotts are slated to pick up the dogs around 1 p.m.

Do a Ana County authorities believe about 12 dogs belonging to the Scotts remain, said Curtis Childress, animal control supervisor for the county. But he said the Scotts contend they don't own three of those animals.

Meunier said she doesn't know how many people will participate in the demonstration, but likely at least five to 10 will show up. She said participants will be "independent no-kill advocates." She said they'll be careful not to violate any rules, such as blocking access to the shelter.  The event, Meunier said, is also aimed at raising awareness about the plight of pit bulls across the country, and the "consequences of dogfighting and ill-breeding, especially in this type of dog."

"Millions of pit bulls are neglected, abused and put down in shelters," she said. "Some shelters have a total no-pit bull policy. They see a pit bull and kill it immediately, without assessing the dog individually, just because of the prejudice against the breed."  Meunier said the Animal Services Center of the Mesilla Valley doesn't have such a policy.

Animal shelter director Beth Vesco-Mock said Monday she'd heard about the plan for a protest but declined to comment about it.  Vesco-Mock said she's been told that 12 of the Scotts' dogs will be brought to the shelter from foster families and from a county holding facility.

Childress has said the Scotts have indicated they'll first take their dogs to El Paso, but could send them to other cities after that. Childress said there's no limit on the number of dogs residents in El Paso can possess, unlike in Do a Ana County.  "Once we turn the dogs over to them, what they do with the dogs after that is up to them," he said.

A week ago, the Scotts picked up the first of their dogs - 12 in total. But they denied ownership of another five animals. The fate of the five dogs remained uncertain.

Meunier said demonstrators also want to advocate on behalf of the five dogs, to make sure they're given the best chance at survival.  "We ask that they be evaluated by a trained professional behaviorist before being put down and given a chance at rescue," she said.

Vesco-Mock said county animal control officers removed the five dogs from the shelter Monday morning.

Childress said that was done to make more room for the additional dogs that will be transferred to the Scotts today. He said animal control will seek a disposition from the court about the dogs, and "hopefully then we'll be able to do something with them."  "Probably, first thing done is we need to do an assessment to find out if they're adoptable or not," he said. "If it shows they're adoptable, we may be able to find homes for them. If it shows they're not adoptable, they may be euthanized."

The dogs have been in the custody of authorities since August 2007, when they were seized from two Chaparral properties and the Scotts' two El Paso homes.

Diana M. Alba can be reached at dalba@lcsun-news.com; (575) 541-5443.

On the Web: Animal Services Center of the Mesilla Valley: www.ascmv.org

Source: http://www.lcsun-news.com/las_cruces-news/ci_14046793

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Scott brothers raise hackles in shelter crowd
By Ashley Meeks Sun-News reporter
Posted: 12/23/2009 12:00:00 AM MST

LAS CRUCES -- Four pit bulls, one court injunction and more than 20 demonstrators awaited Daron and Duryea Scott on Tuesday at the Animal Services Center of the Mesilla Valley. 

The El Paso twins left with four of their dogs; relinquished three; allowed one dog, "Bruno," to remain with its foster home; and were prohibited from taking five others by court order, said county Animal Control Supervisor Curtis Childress. The court injunction, filed by Daron Scott's former employer, the Gadsden Independent School District, claims five of the dogs in lieu of a debt of $20,000 in legal bills incurred after the former teacher's contract was not renewed, Childress said.  "These dogs have been seized," Childress said.

Dozens of pit bulls were seized from the Scotts almost two and a half years ago as part of an investigation into dog fighting charges. Those charges were dropped last month after the New Mexico Court of Appeals ruled the search warrant in the case had been obtained improperly. The Scotts have maintained the dogs were part of a show dog breeding operation.

On Tuesday, the brothers refused to speak with news media or answer questions about the dogs' future from protesters carrying signs, asking "Have you no shame?" and proclaiming "Animal abusers are losers." Some stood quietly -- others shouted accusations of "murderer."

Marilyn Grayson of Las Cruces held a sign urging, "Don't let them get off Scott (sic) free" on one side and a picture of her own pit bull, Ariel, on the other.  "They let the Scott brothers get off," Grayson said. Pit bulls, she said, "are loving, caring dogs and the Scott brothers should take care of them like that."  Grayson said it was "disgraceful" that the brothers were able to get their dogs back.

Michel Meunier carried a sign spelling out "Pitiful Innocent Tortured Souls" and calling the dogs "one of God's most abused creatures."  "We're here for two reasons: To implore the Scotts, the past is past, the dogs are legally theirs, but not to take them elsewhere," Meunier said, adding that the out-of-state locations the dogs are reported to be destined for will result in "further abuse." She continued, "It would be nice if they found appropriate placement for them."

Last week, the Scotts picked up 12 dogs and denied they were the owners of five others at the shelter, which were transported from the shelter by county animal control officers Monday, said shelter director Dr. Beth Vesco-Mock.

Childress said the five dogs covered under Tuesday's injunction will be assessed for adoption and any fees from that process would go against the judgment.  "At least we got them to donate one dog," Childress said. "They were at least considering some of the dogs that had been raised with a family, allowing them to stay there. There's one family out there that's going to be happy, that's going to be able to keep its dog."

The court order gave one of the affected dogs' foster families a glimmer of hope, said Do-a Ana County sheriff's investigator Bo Nevarez and his wife, Antoinette Nevarez, who have been raising Billie Jean since 2007.  "That's the best Christmas gift I got, being able to keep my dog," said Antoinette Nevarez. "I was crying when they told me they wouldn't take them back (on Tuesday), I was just ecstatic. I was crying, because that's my baby. I raised her as a puppy and she's a beautiful dog. She's not mean."

The Nevarezes keep two teacup Chihuahuas inside and a Rottweiler and a German shepherd outside, she said. Billie Jean, she said, is affectionate with all of them.  "That was my biggest concern. She was not raised to be a mean dog at all," she said. "This is my best Christmas ever, just being able to keep her."

Ashley Meeks can be reached at ameeks@lcsun-news.com; (575) 541-5462.

Source: http://www.lcsun-news.com/las_cruces-news/ci_14054140