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Case ID: 15183
Classification: Shooting
Animal: dog (non pit-bull)
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Two dogs shot
McCune, KS (US)

Incident Date: Sunday, Feb 1, 2009
County: Crawford

Charges: Felony CTA
Disposition: Alleged

Alleged: Donald E. Call

Case Updates: 2 update(s) available

The mayor of McCune turned himself in to authorities Wednesday on three charges stemming from a shooting incident involving two dogs last weekend.

Donald E. "Don" Call was booked in the Crawford County Jail on two counts of cruelty to animals and one count of criminal discharge of a firearm, according to a release from the Crawford County Sheriff's Department. Call posted $3,000 bond and was released.


Case Updates

McCune Mayor Don Call, who has maintained that he was justified in shooting a resident's two dogs, was bound over for trial after a preliminary hearing Monday in Crawford County District Court.

Call is charged with two felony counts of cruelty to animals and one misdemeanor count of illegal discharge of a firearm in connection with the deaths of the dogs in February at a home in McCune.

Call entered pleas of innocent as District Judge Don Nolan questioned him on each of the three counts.

Crawford County Attorney Michael Gayoso said felony charges were filed because he believes the dogs were killed maliciously.

McCune's dog ordinance, adopted in 2006, states that dogs running at large are subject to impoundment, and that no dogs may be "disposed of until after a minimum of three business days of custody."

According to reports filed in February with the Crawford County Sheriff's Department and restated by Nolan during the hearing, witnesses said Call fired three times from his vehicle, driving around the block between each time. Evidence submitted during the hearing included the 9 mm rifle allegedly used by Call.

"That was an act that took some degree of time," Nolan said before ruling that there was sufficient evidence that Call be bound over for trial on all three counts.

"If you acted with maliciousness, that is to be determined by trial," Nolan told Call.

Leaving the courthouse, Call was surrounded by about 10 supporters who attended the hearing. Public opinion, in the form of letters to the editor and to Gayoso's office, has been both for and against the charges filed against Call.

Call said in February that he killed the dogs because of a report that the animals were chasing a neighbor's children. He turned himself in to law enforcement after a warrant for his arrest was issued.

He did not seek re-election as mayor in April, but 98 write-in votes kept him in office. The only candidate on the ballot, Debbie Rennie, received 36 votes.

After the hearing, Call declined to comment, deferring to his attorney, Rick Smith, who said the outcome of the hearing "was not unexpected."

"We have the right to present our case at trial, and that's what we'll do," Smith said.
Source: Joplin Globe - June 29, 2009
Update posted on Jul 2, 2009 - 2:17PM 
According to reports, County attorney Michael Gayoso said that the two counts of cruelty to animals, which can be prosecuted as either a felony or a misdemeanor, will be prosecuted as felonies in this case.

If convicted, each count of felony animal cruelty comes with a mandatory 30 days to a maximum of one year in jail, a mandatory $500 to a maximum of $5,000 fine, and mandatory court-ordered psychological evaluation which includes, but is not limited to anger management counseling.

The issue involves an incident Sunday in McCune.

Call reportedly received a phone call from a McCune family that a pair of dogs had chased two of the family's children. Call then drove to the residence, 612 Oak St., the home of Duane Wahl, and shot both dogs.

He then came back to the site with a trailer and loaded both dogs' bodies and took them to his home to dispose of them.

Just before noon, a deputy went to investigate the shooting after a caller reported the incident. The deputy went to the site and to Call's residence and confirmed the dogs had been shot.

There is a McCune city ordinance that dogs at large are subject to impoundment and that no dogs shall be "disposed of until after a minimum of three full business days of custody." The City Superintendent is responsible for handling dog cases.
Source: morningsun.net - Feb 5, 2009
Update posted on Feb 5, 2009 - 5:19PM 

References

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