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Case #1265 Rating: 2.7 out of 5
Dog fighting - 12 dogs
Lillington, NC (US)Incident Date: Wednesday, Apr 16, 2003
County: Harnett
Charges: Misdemeanor
Disposition: Convicted
Case Images: 1 files available
Defendant/Suspect: Marcus McNeill
Case Updates: 2 update(s) available
Marcus McNeill, 32, of Mamie Upchurch Road, between Lillington and Buies Creek was charged with 14 counts of misdemeanor cruelty to animals and 13 misdemeanor counts of restraining dogs in a cruel manner Wednesday April 16, 2003.
Animal control officers had found 12 severely malnourished dogs in his back yard - 11 pit bull terriers and a Belgian Malinois, with another pit bull found deceased. The dogs were found tethered with what animal control officers described as log chains, with links 5 inches long and about an inch in diameter, used to strengthen dogs' necks for fighting, according to Mr. Medina. The chains weighed as much as the dogs they were restraining, all of which where at least 20 pounds underweight, Mr. Medina said.
The animals are at the Harnett County Animal Shelter. All are sick and underweight, and the female pit bull pictured on page one of Friday's Daily Record died over the weekend. "She rolled up in a ball to go to sleep, and never got up," said Animal Control Supervisor Tino Medina.
Mr. McNeill's bond was set at $3,000 and the case was scheduled to be heard in District Court Monday, but was continued at the request of the defendant's attorney.
"The case was continued, over the state's objection," said assistant DA Resson Faircloth, who will prosecute the case. Mr. Faircloth said Mr. McNeill's attorney, Vernon Stewart of Dunn, asked for the case to be continued to give him more time to prepare his case.
Judge Jacqueline Lee granted his request and the case was set for trial May 21. Later in the day, the trial was rescheduled for May 28 because the veterinarian who was to testify for the state was unavailable on the original date.
Meanwhile, the surviving dogs are suffering and taking up 11 of the 16 runs at the shelter. With two other dogs quarantined for biting, the county has only three runs available.
"We brought to the judge's attention that the dogs were dying while they were waiting," Mr. Medina said in his opposition to the new May date. "If I had to say, I'd say two more would not make it."
Mr. Medina said the dogs' condition makes the shelter currently unsafe for other dogs to be brought in. Incoming canines are being redirected to other shelters, while anyone dropping off a stray has to sign a release form, allowing the shelter to euthanize the dog within 24 hours. All adoptions from the shelter have been suspended.
"It's not safe," Mr. Medina said. "Some of them are starting to cough, and it could be kennel cough or it could be the kind of worm that comes out of their mouths."
He said staff members are wearing masks to clean the pens, since the dogs may have infections which can be passed to humans. One of these is brucellosis, a disease caused by bacteria usually spread among animals that can also affect humans, causing flu-like symptoms and potentially severe infections of the central nervous system.
He said the dogs were "massively scarred" and appeared to have been used for fighting. Mr. Medina said last week given their condition, euthanasia was "probably the most humane thing" for the pit bulls, but the issue is now more complicated.
"With disease and bacteria it's really hard to pin down when a dog needs to be euthanized," Mr. Medina admitted. "If it's an injury, like a broken leg, or a wound, our officers are trained to know."
Also, because the dogs are now part of a criminal proceeding, Mr. Medina said officers would have to seek permission before euthanizing the dogs and the deceased dog's body must be kept in their freezer until the trial.
"They're part of an evidence chain," Mr. Medina said of the dogs. "It would be difficult, because we'd have to go before a judge."
Mr. Medina wrote a letter to Assistant County Manager Tony Wilder Monday, explaining the hardship the continuance of this case has brought upon his department and said state law allows officers to euthanize animals "immediately or at such an appropriate time as determined by the supervisor or department head." Mr. Medina said in the letter he felt this case qualifies.
"It really is sad that one case can really put us in this type of situation," the letter said.
Mr. Medina said in 90 percent of cases, judges order dogs like this destroyed because they cannot be adopted out, given their training and involvement in fighting. In their current condition however, what might otherwise be considered a stay of execution serves instead to prolong the suffering of a dwindling pack of dogs and to keep the county's animal control department in a bind.
Case UpdatesMcNeill pleaded no contest to 26 of the charges in District Court on June 2. Marcus McNeill, 32, of Mamie Upchurch Road will spend the next 10 days in jail, may never again breed or own any animal, and is to pay the county $3,054 for the time his dogs were confined at the Harnett County Animal Shelter. Judge Jimmy Love Jr. ordered the dogs euthanized and Animal Control Supervisor Tino Medina said this morning the 11 dogs, two of which were pregnant, were put to sleep last night. The dogs could not be adopted out because they had been trained to fight, Mr. Medina said.
One charge of misdemeanor cruelty to animals against Mr. McNeill was dropped, but he pleaded no contest to 13 charges of the same crime and 13 counts of restraining animals in a cruel manner. When Mr. McNeill is released from jail, he will spend three years on supervised probation for each set of charges. | | Update posted on Jun 3, 2003 - 6:44PM |
The lawyer slated to McNeill in his trial May 28 has been released as the defendant's attorney. McNeill had elected at his first appearance to hire his own attorney rather than have one appointed by the court and chose Dunn attorney Vernon Stewart. However, Mr. Stewart filed paperwork May 5 to be released from the case. "I have filed a motion to be released as Mr. McNeill's attorney, since I have not been retained," said Mr. Stewart at the time, which means he had not been paid.
That motion was heard and granted Monday. Mr. Stewart said Thursday Mr. McNeill did not attend the hearing but did not object to Mr. Stewart's release, since the defendant had been unable to retain him. Mr. Stewart also said no attorney was appointed to defend Mr. McNeill in his place at Monday's hearing.
This led Animal Control Supervisor Tino Medina to suspect Mr. McNeill may attempt to delay the trial further. "What he'll probably do is wait until the court date, then ask for a court-appointed attorney so he can get it continued again," Mr. Medina said.
County Attorney Dwight Snow, who said he would ask for the case not to be continued again, also said he fears Mr. McNeill may appear in court without representation after the court assumes he has retained an attorney.
"I've seen those cases where they assume that, then it doesn't happen. ... We just don't want that situation to happen," Mr. Snow said. "We don't want a judge to say, 'OK, we'll give you another 30 days to get one (an attorney)', and then we're sitting there with all these dogs for another 30 days."
Read More: Dunn Daily Record | | Update posted on May 16, 2003 - 7:12PM |
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