Case Details
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Case ID: 13479
Classification: Neglect / Abandonment
Animal: cat, dog (non pit-bull)
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Dog and cat abandoned after owner moves
Bessemer City, NC (US)

Incident Date: Wednesday, Sep 12, 2007
County: Gaston

Charges: Misdemeanor
Disposition: Acquitted
Case Images: 1 files available

Person of Interest: Jamie Melinda McGraw

Case Updates: 2 update(s) available

With an inquisitive, slightly cocked head, the Rottweiler mix peered out sullenly from the back of his concrete and chain-link prison Monday [March 25, 2008].

The dog's hopeless expression suggested it might no longer warm to humans. But a visitor's voice and extended hand were enough to coax him to the door of the pen.

The walls in the Gaston County Animal Shelter's isolation room are all the Rottweiler has had to look at for the better part of six months. As an animal cruelty case against its owner has been continued, the dog has had to live out its days and nights in confinement.

"What breaks my heart is that this dog has been sitting there for months with no human interaction," said Cheryl Colley, an animal advocate in Gastonia.

Jamie Melinda McGraw, 53, of Chase Jordan Court, north of Bessemer City, is charged with misdemeanor cruelty to animals. Already continued at least twice, the district criminal case is scheduled to be heard April 2.

The court delays are partially to blame for the dog's 188-day stay, said Gaston County Animal Control Administrator Reggie Horton. McGraw has refused to relinquish ownership of the pet, so the shelter must retain the animal until a judge resolves the issue.

Finding a temporary foster home for the dog would be ideal, Horton said, but no qualified individuals have volunteered to do that. It would need to be an area resident with ties to a reputable animal advocacy group, he said.

"We certainly recognize spending this amount of time at the shelter is not best for the animal," Horton said.

Animal control officers responded to McGraw's mobile home Sept. 12 after a neighbor reported McGraw had moved out and left her pets behind two weeks before.

Officers found the Rottweiler mix in a fenced-in yard behind the residence. The only food and water available was what the neighbor had been providing, Horton said.

Animal Control seized the dog, and a cat from inside the home, on Sept. 17 after McGraw could not be contacted, Horton said. The cat later died.

McGraw was not at home Monday afternoon. Her next-door neighbor John Speas said he called Animal Control in September after realizing McGraw wasn't coming back.

The dog was so hungry that Speas said he watched it attack and eat a stray cat that jumped into the pen one day. He began feeding the Rottweiler table scraps and giving it water.

"She basically just left for a month," Speas said of McGraw. "You could see the ribs on that dog.

"That's why we called. We didn't want to see it suffering."

McGraw had owned the Rottweiler for at least five years, Speas said. She also had another dog that died some time ago, he said.

"She never took care of it or anything," he said of the Rottweiler.

McGraw later moved back into the mobile home, he said.

The case against McGraw was continued once by the District Attorney's office, Horton said. It was continued a second time because the investigating Animal Control officer was not available on the rescheduled date, he said.

The dog could have been made eligible for adoption by now, but McGraw has not relinquished ownership, Horton said.

"She intends to get possession of her dog back," he said. "We're, in effect, in a holding pattern waiting for the case to be heard in court."

The Animal Shelter is charging McGraw its standard fee of $20 per day for the cost of boarding the animal. At 188 days and counting, that tab has already reached several thousand dollars.

If McGraw is found guilty, the dog would likely be turned over to Animal Control immediately. It could then be turned over to an interested rescue agency, such as the Animal League of Gaston County, immediately on a first-come, first-serve basis, Horton said.

"We'd certainly like to find a good home for the dog," he said.

Horton said several people have inquired about taking care of the dog while the case waits to be heard.

Colley, a current member of the Animal League of Gaston County, said she recently sent out e-mail alerts to fellow advocates about the situation after hearing about the case.

The problem is that no one has stepped forward to help.

Colley said she herself keeps two dogs and eight cats inside her home, but can't personally accommodate the Rottweiler. But she hopes someone out there can.

"It's a lack of communication. It's a lack of fosters," she said of the problem. "It's a lack of volunteers."

Anyone off the street wouldn't be allowed to keep the animal temporarily. It would need to be someone who lives in or near Gaston County, and is affiliated with a certified animal rescue group, Horton said.

But Horton said he hopes a qualified person will surface.

"It's a good dog. It seems to be friendly."


Case Updates

The story of a Rottweiler mix that was the subject of an animal cruelty trial last week had an unfortunate ending Thursday.

The dog, "Lightning," reportedly died from conditions related to severe stage-3 heartworms. The animal's temporary caretakers were driving him to be treated for the parasite when he died.

"He passed away on the way to the veterinarian with severe stomach bloat and some other issues," said David Knight, vice president of the Atlantic Rottweiler Rescue Foundation, in an e-mail Friday. His organization provided a foster home for the dog for the last two weeks.

The Rottweiler spent most of the last six months at the Gaston County Animal Shelter while a trial against its owner was delayed. Jamie Melinda McGraw, 53, of Chase Jordan Court near Bessemer City, was found not guilty of animal cruelty in district court last week.

That cleared the way for McGraw to get her dog back. But she agreed Wednesday to surrender ownership to Gaston County Animal Control because of the heartworm diagnosis. She said Wednesday that she couldn't afford to treat the condition, which could cost several hundred dollars, and she just wanted her former pet to be happy.

"I was real hopeful I was going to get him," McGraw said through tears Wednesday. "I feel like I've lost one of my children."

The Atlantic Rottweiler Rescue Foundation, based in Mooresville, had renamed the dog "Sherman" - a reference to him having the toughness of a Civil War general. The group was in the process of finding the dog a new permanent home when it died.

Animal Control administrator Reggie Horton said animals that are seized for criminal reasons receive an initial veterinary exam at the shelter. The are monitored over the course of their confinement for issues that require immediate medical attention.

"The heartworm issue wasn't readily known," he said.

Decisions are made on a case-by-case basis, Horton said. But something as expensive as heartworm treatment wouldn't typically be administered with county tax dollars, he said.

It's sad because the dog was close to getting help and a good home, Horton said.

"With so many people putting so many resources and emotions into this," he said, "it's just a tragic situation."
Source: Gaston Gazette - April 11, 2008
Update posted on Apr 11, 2008 - 4:38PM 
A Rottweiler mix that spent most of the last six months at the Gaston County Animal Shelter appears headed back to its original owner.

The dog had been held at the shelter while authorities pursued an animal cruelty charge against its owner. But Jamie Melinda McGraw, 53, of Chase Jordan Court near Bessemer City, was found not guilty in District Court Wednesday.

Judge Mike Lands ruled that prosecutors didn't provide enough evidence to show McGraw abused the dog and a cat found at her residence. Assistant District Attorney Eddie Meeks attempted to show that McGraw left her home for several days in September without leaving food and water for the pets.

Lands agreed with assistant public defender Mike Falivene that there were holes in the state's case. Meeks couldn't provide evidence that the pets belonged to McGraw, Falivene said.

A tearful McGraw said afterward that she was relieved, but still worried about the fate of her dog, Lightning. A longtime animal lover and owner, she said she would never abuse a pet.

"It's almost like someone being accused of child abuse," she said.

On her attorney's advice, McGraw did not testify during the trial. She explained afterward that she left home in September to care for her ailing mother in Columbia, S.C. She arranged for friends to feed the dog, which was in a backyard pen, and cat, which was loose outside the home, she said.

McGraw's next-door neighbor reported to animal control officers Sept. 12 that she had abandoned the home. Two investigating officers testified Wednesday that they found the dog locked in the pen, and left notices on McGraw's door for five days asking her to contact them. They seized the animals Sept. 17 after not hearing from her.

Officer Mike Day said sympathetic neighbors had become the dog's only source of food and water. But none of those neighbors were called to testify. Lands questioned that decision, saying that it diminished the credibility of the state's case.

Two animal advocates attended the trial to lobby for McGraw's conviction and ask that the dog be taken away from her. After the verdict, they were disappointed that the state didn't present a stronger case.

"I'm sick," said Denise Sports of Mocksville, who runs an animal rescue operation and wore a T-shirt emblazoned with the Rottweiler's photo.

The Rottweiler has been in foster care since last week. Before that, the Gaston County Animal Shelter was charging McGraw $20 a day to board the dog. The total fines are now pushing $6,000, but McGraw said she shouldn't have to pay a dime since she did nothing wrong.

"I'm not paying anything and I want my dog back," she said.

Animal shelter administrator Reggie Horton said he will have to confer with the district attorney's office on whether McGraw can reclaim the dog, and if so, how soon.

"I don't really have any answers right now until I confer with the court system and get clarification on the ruling," he said.
Source: Gaston Gazette - April 2, 2008
Update posted on Apr 4, 2008 - 1:30AM 

References

Gaston Gazette - March 25, 2008

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