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Attorneys/Judges
| Prosecutor(s): | Nitza Rothstein | | Defense(s): | Bruce Cunningham | | Judge(s): | Jack Thompson |
CONVICTED: Was justice served?
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Case #12310 Rating: 2.4 out of 5
Puppies buried alive, police officer charged
Fayetteville, NC (US)Incident Date: Saturday, Sep 15, 2007
County: Cumberland
Charges: Misdemeanor
Disposition: Convicted
Defendant/Suspect: John A. Leggett
Case Updates: 7 update(s) available
A Fayetteville police officer has been cited for animal cruelty in connection with an allegation that puppies were buried alive on his property over the weekend.
John Leggett, 44, has been placed on administrative duty pending investigations by both the Fayetteville Police Department and Cumberland County Animal Control, authorities said. He has been a patrol officer in Fayetteville since 2002.
Animal control officers were called Saturday afternoon to a gated home hidden in the woods off Jackie Hood Lane, about three miles from the Blaen County line, to respond to a report that puppies had been buried alive.
"My understanding is that was the allegation, and by the time animal control officers arrived on the scene, the person making the allegation had dug up the puppies," said Sara VanderClute, a spokeswoman for Cumberland County.
Two coonhound puppies were found dead at the property. Animal Control Director Sue Nicholson declined to say how the dogs died or whether any animals were found buried.
Another seven 1-week-old coonhound puppies, along with their mother, were seized from the property and placed in the care of animal control.
"We are looking for people in our community who would come forward and be willing to adopt these precious animals," Nicholson said.
Authorities said a relative of Leggett was the person who called animal control. The person told authorities that Leggett breeds and trains championship coonhounds.
Animal control officers issued nine civil citations of animal cruelty against Leggett, each carrying a $100 fine. An investigation is underway to determine whether he should face criminal charges.
Leggett was among several Fayetteville officers to receive a Lifesaving Award in May. The award recognizes bravery in the line of duty.
Case UpdatesA former police officer who was charged with animal cruelty was placed on probation and barred from keeping any animals after accepting a plea agreement Thursday.
John A. Leggett, 46, pleaded guilty to two counts of misdemeanor cruelty to animals and six counts of attempted cruelty to animals.
Leggett entered an Alford Plea, which means he maintained his innocence but acknowledged prosecutors had enough evidence for a conviction.
Leggett was originally charged with eight counts of felony animal cruelty after investigators accused him of burying alive eight puppies in the yard of his home in Cedar Creek in 2007.
Superior Court Judge Richard T. Brown sentenced Leggett to five months in prison, but suspended the sentence.
Leggett will not have to serve any time in prison if he successfully completes five years of probation and pays $8,250 in restitution.
Leggett's lawyer, Bruce Cunningham, had tried to limit the length of his probation, arguing that his client was "essentially on probation" because of media scrutiny of the case.
Cunningham said Leggett eventually planned to rejoin the military.
Brown said it was a difficult case, specifically because it involved defenseless animals.
As part of his probation, Brown barred Leggett, who at one time bred black and tan hounds, from breeding, keeping or training animals.
He said animal control officers can verify whether or not Leggett is keeping animals at any time.
Leggett's case lingered in Cumberland County court for more than two years in part because of numerous appeals in state and federal courts.
Until earlier this month, Leggett had sought to have the charges dismissed on the basis of double jeopardy.
Numerous courts rejected those claims, and Leggett withdrew his pending federal court appeal earlier this month.
Cunningham had argued that Leggett shouldn't be punished criminally since he already paid $800 in civil fines for violating Cumberland County's animal cruelty ordinance.
"If we hadn't prevailed up to now, odds are that we wouldn't have prevailed," Cunningham said shortly after the claims were withdrawn.
Leggett was a Fayetteville police officer when he was accused of burying the animals.
He was put on administrative duty after the incident. A month later, he was no longer employed by the Fayetteville Police Department.
Leggett's daughter called 911 after the animals were buried. Then she and her boyfriend dug up the dogs. Two of the puppies died. The remaining pups and their mother were seized by Animal Control and were adopted.
Investigators said Leggett told them he buried the week-old puppies because they were not purebred. | Source: fayobserver.com - Jun 11, 2010
Update posted on Jun 11, 2010 - 3:02PM |
A former police officer will face charges of animal cruelty after asking a judge to allow him to withdraw a pending appeal in federal court.
John Leggett was charged in 2007 with eight counts of felony animal cruelty, but he had been seeking to have the charges dismissed on the basis of double jeopardy.
Leggett, who breeds black and tan hounds, is accused of burying eight puppies alive in the yard of his home in Cedar Creek.
His lawyer, Bruce Cunningham, previously argued that Leggett shouldn't be punished criminally since he already paid $800 in civil fines for violating Cumberland County's animal cruelty ordinance.
Cunningham filed the motion to withdraw the appeal Tuesday.
"We have decided not to pursue the double jeopardy claim any further," he said.
A Cumberland County Superior Court judge rejected the double jeopardy claim in 2008. The claim was denied by the state Court of Appeals, and the state Supreme Court also declined to hear Leggett's case.
Leggett then took the case to federal court.
In March, a federal judge dismissed Leggett's claim. He filed an appeal in April.
Cunningham said that after arguing the case in state and federal courts, it was clear that a further attempt would be futile.
"If we hadn't prevailed up to now, odds are that we wouldn't have prevailed," he said.
In his ruling earlier this year, U.S. District Court Judge Terrance Boyle echoed the lower courts when he said the fines imposed by the county were a civil, not a criminal, penalty and that the purpose of the fines was to protect the animals, not to punish Leggett.
For that reason, he said, the claim of double jeopardy was unreasonable.
Leggett was a Fayetteville police officer when he was accused of burying the animals.
He was put on administrative duty after the incident. A month later, he was no longer employed by the Fayetteville Police Department.
Leggett's daughter called 911 as the animals were being buried, then she and another person dug up the dogs. Two of the puppies died. The remaining pups and their mother were seized by Animal Control and were adopted.
Investigators said Leggett told them he buried the week-old puppies because they were not purebred.
Cunningham said a trial date for the criminal charges has been scheduled for November. | Source: FayObserver.com - Jun 2, 2010
Update posted on Jun 10, 2010 - 5:16PM |
A former Fayetteville police officer charged with burying puppies alive has appealed a federal court's decision that he should stand trial on cruelty charges.
John Leggett was charged in 2007 with eight counts of felony animal cruelty, but his trial in Cumberland County Superior Court has been delayed while various courts have looked into whether the charges constitute double jeopardy.
Leggett, a breeder of black and tan hounds, was accused of burying eight puppies in the yard of his home in Cedar Creek.
Leggett's daughter called 911 as the animals were being buried, then she and another person dug up the dogs. Two of the puppies died. The remaining pups and their mother were seized by Animal Control and were adopted.
Investigators said Leggett told them he buried the week-old puppies because they were not purebred.
Leggett was put on administrative duty after the incident. A month later, he was no longer employed by the Fayetteville Police Department.
Leggett's lawyer, Bruce Cunningham, has argued that his client shouldn't be punished criminally since he already paid $800 in civil fines for violating the county's animal cruelty ordinance.
A Cumberland County Superior Court judge rejected those claims in 2008. In the two years since, the state Court of Appeals and state Supreme Court denied petitions to hear Leggett's appeal.
In March, a federal judge also dismissed Leggett's claims, which led to Leggett filing an appeal in federal court in late April. The federal judge had ruled that the Superior Court judge was correct in denying the claim.
U.S. District Court Judge Terrance Boyle said the fines imposed by the county were a civil, not criminal penalty, and that the purpose of the fines were to protect the animals, not to punish Leggett.
Therefore, he ruled, the claim of double jeopardy was unreasonable.
Boyle also ruled that "none of the issues are adequate to deserve encouragement to proceed further" and denied Leggett a certificate of appealability, which is necessary for a higher court to hear the case.
Leggett has filed a motion in federal appeals court to obtain a certificate of appealability, but that issue has yet to be decided. | Source: Fayetteville Observer - May 15, 2010
Update posted on May 16, 2010 - 5:32PM |
Former Fayetteville police officer John Leggett lost his bid to have animal-cruelty charges against him dismissed.
Leggett, a dog breeder, is charged with eight counts of animal cruelty.
Leggett and his lawyer, Bruce Cunningham, contended that the charges were a violation of his Constitutional rights.
They maintained the charges amounted to being punished twice for the same crime since Leggett paid $800 in civil fines levied by Cumberland County Animal Control.
Superior Court Judge Jack Thompson didn't agree and struck down their motion for dismissal of the charges.
"The payment of the civil penalty did not constitute punishment for purposes of double-jeopardy analysis under the United States Constitution or the North Carolina Constitution," Thompson wrote in his decision.
Leggett is accused of burying alive nine-week-old black and tan coonhound puppies at his home in the Cedar Creek community in September 2007. | Source: Fayetteville Observer - Sept 17, 2008
Update posted on Sep 17, 2008 - 8:15PM |
Animal cruelty charges against former Fayetteville police officer John Leggett should be dismissed because they violate the double jeopardy clauses in the federal constitution, his lawyer argued in Cumberland County court on Friday.
The double jeopardy provision say that once a person accused of a crime has gone through the legal process on the charges, the state can't prosecute him again for the same criminal act.
Cumberland County's Animal Control department cited Leggett, who bred hunting dogs, in September. He was accused of burying eight puppies alive on his property in Cedar Creek. The citations said he violated a county animal cruelty ordinance.
Two of the puppies died. The rest and their mother were taken by the county to be adopted out.
In October, a grand jury charged Leggett with eight counts of felony animal cruelty. Those charges were levied in addition to the county citations.
Leggett paid $800 in fines for the county ordinance violations in May, said his lawyer, Bruce Cunningham. With the fines paid on the county charges, Cunningham said the felony charges should be dropped.
"He's been punished once. The state can't punish him twice," Cunningham said.
Prosecutor Nitza Rothstein countered that Cunningham is wrong. There are widely accepted instances in which people pay fines or other penalties, she said, which do not constitute double jeopardy. She noted that the courts have upheld a law that says people accused of drunken driving can lose their licenses long before they go to court.
The Animal Control fine "is more a matter of taking care of the animals," she said. And "it doesn't rise to the level of punishment for double jeopardy."
Rothstein and Cunningham each cited several appellate court rulings to bolster their points.
Superior Court Judge Jack Thompson said he will issue a decision in the case Monday.
If convicted of the felony charges, Leggett could face probation, Cunningham said. Leggett's otherwise clean record precludes prison time, he said.
Leggett left the Police Department in October; officials wouldn't say whether he quit or was fired. He attended Friday's hearing and declined an interview request afterward.
If Thompson rejects Leggett's double-jeopardy claim, his case will be scheduled for a trial. | Source: Fay Observer - Sept 12, 2008
Update posted on Sep 13, 2008 - 6:03PM |
A former Fayetteville police officer accused of burying puppies alive has been indicted on animal cruelty charges.
John Leggett, 44, of Jessie Hood Lane, was indicted on eight counts of animal cruelty. A patrol officer since 2002, he left the Fayetteville Police Department last week, but officials declined to say whether he resigned or was fired.
Cumberland County Animal Control officers were called to a home in the woods about three miles from the Bladen County line on Sept. 15 to respond to a report that puppies had been buried alive.
Two coonhound puppies were found dead at the property � authorities haven't said how they died � and another seven 1-week-old coonhound puppies, along with their mother, were seized and placed in the care of animal control.
Leggett was issued nine civil citations at the time by animal control officers, charging him with animal cruelty. | Source: WRAL - Oct 31, 2007
Update posted on Oct 31, 2007 - 4:46PM |
John J. Leggett, a Fayetteville police officer accused of burying week-old puppies alive, is no longer with the department.
Police officials declined to say whether he resigned or was fired, citing personnel privacy laws.
"We can say only that his employment with us ended on Oct. 23," said Jamie Smith, police spokeswoman.
Leggett, 44, received citations Sept. 15 accusing him of eight counts of animal cruelty. His daughter called 911 and reported that he had buried puppies alive, according to a report filed at the Cumberland County Sheriff's Office.
Lawmen went to his home on the 4600 block of Jackie Hood Lane in the Cedar Creek community and found seven of the nine puppies alive.
The coonhound puppies and their mother were taken to the Cumberland County Animal Shelter. The dogs are to be put up for adoption.
Sources say Leggett, a third-generation coonhound breeder, buried the puppies because they were not purebred.
Leggett was hired by the police department in February 2002. | Source: Fayetteville Observer - Oct 27, 2007
Update posted on Oct 28, 2007 - 12:50AM |
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