Dogs neglected
Fort Payne, AL (US)Incident Date: Wednesday, Oct 22, 2008
County: DeKalb
Disposition: Not Charged
Person of Interest: Alto Moore
Case Updates: 1 update(s) available
An alleged animal cruelty case in Fort Payne has an owner wondering if he will see his dogs again and both city and county officials questioning whether the dogs should have been seized in the first place.
Alto Moore, who lives on Godfrey Avenue, said DeKalb Humane Society Director Freda Waters took his dogs under a search warrant she requested from District Judge Steve Whitmire.
Waters said she has been to Moore's home on six prior occasions to investigate. On Wednesday, Waters seized three puppies, a 4-month-old female pit bull, a male pit bull and a Cain Corso, which is in the Mastiff family.
Moore said the female pit bull cost him $4,600 and was flown in from the Virgin Islands. Moore said the dogs were show dogs.
"These dogs were never used for fighting," Moore said.
But Waters said the dogs were mistreated.
"I seized the dogs based on neglect," Waters said. "I have the dogs and am in the process of getting a warrant for his arrest because he has refused to correct my requests."
Waters said it would take a court order for Moore to get his dogs back.
But Waters may have not had the authority to investigate the cruelty in Fort Payne.
According to City Clerk Jim McGee, the city dissolved its contract with Waters and the former DeKalb SPCA some time ago to do animal investigations.
"As far as the city goes, we no longer have a contract with her," McGee said. "We take our animals down to Etowah County along with the county."
County Commission President Sid Holcomb said Waters has a contract with the county to do cruelty investigations, but he believes the agreement does not include municipalities.
"She has a contract with the county," Holcomb said. "When we say county, it is outside the jurisdiction of the municipalities. If it is within the city limits, it is between her and the city of Fort Payne. I don't think the county could sign a contract like this and not bound the cities."
According to the contract, it does not specify jurisdiction in cities and towns.
Waters said she seized the dogs because Moore allegedly did not provide large enough water bowls and the bowls were not secure, the dogs' chains were tangled and knotted up and there was no shelter for the dogs.
On Friday, DeKalb Circuit Clerk Pam Simpson said a request for a warrant for Moore's arrest was denied. She said because it was within the Fort Payne city limits, it was a Fort Payne matter.
"An arrest warrant is not going to come through us as far as cruelty to animals," Simpson said.
Waters said she has also requested an arrest warrant from the city magistrate's office. Fort Payne City Court Clerk Barbara Freeman said the request is under review, and she could have an answer by the middle of next week.
"Right now, it's a big question mark until I investigate it," Freeman said.
Waters would not disclose the location of the dogs, only to say they were safe.
Case UpdatesA decision on whether a Fort Payne man will be arrested for alleged animal cruelty or get his dogs back is expected to come today from City Court Clerk Barbara Freeman.
Alto Moore, who lives on Godfrey Avenue, said DeKalb Humane Society Director Freda Waters took his dogs under a search warrant she requested from District Judge Steve Whitmire.
Waters said she had been to Moore's home on six prior occasions to investigate. On Wednesday, Waters seized three puppies, a 4-month-old female pit bull, a male pit bull and a Cain Corso, which is in the Mastiff family.
Moore said the female pit bull cost him $4,600 and was flown in from the Virgin Islands. Moore said the dogs were show dogs.
But Waters said the dogs were mistreated and seized them based on neglect. Waters said she requested a warrant for Moore's arrest for animal cruelty from Freeman on Friday.
Waters said she seized the dogs because Moore allegedly did not provide large enough water bowls and the bowls were not secure, the dogs' chains were tangled and knotted up and there was no shelter for the dogs.
Freeman said Monday she would make a decision on whether an arrest warrant would be issued today.
But Waters may have not had the authority to investigate animal cruelty in Fort Payne.
According to City Clerk Jim McGee, the city dissolved its contract with Waters and the former DeKalb SPCA in March to do animal investigations.
County Commission President Sid Holcomb said Waters has a contract with the county to do cruelty investigations, but he believes the agreement does not include municipalities.
According to the contract, it does not specify jurisdiction in cities and towns.
Rocky Watson, attorney for both DeKalb County and Fort Payne, said Monday the county's contract does not include jurisdiction within cities, and Fort Payne no longer has a contract with Waters to conduct animal cruelty investigations. | Source: Journal-Times - Oct 27, 2008
Update posted on Oct 27, 2008 - 7:01PM |
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