FIRST, DO NO HARM
by Lois Myers
These events occured on December 21, 2005. If this happened to me, it could happen to anyone.
I was working, minding my own business when I received a frantic call from the girl who lived with me. The police were knocking on the door of my house, trying to get in through windows, and demanding entry. In addition to the police cars, there were not one, but THREE animal control trucks outside the house.
I rushed home hysterically, still not being able to fathom what was going on. I managed to reach my veterinarian and she agreed to meet me at the house. I also called two women from rescues I worked with and they came as well.
When I arrived, the officers from SBACC and police officers were searching my house and garage, and loading up my animals in their truck. When they realized that the information they based their warrant on was grossly incorrect, they sent two trucks back to SBACC. They were expecting over 30 dogs. I had ten, one of which* I was fostering for SBACC!!!!! Based on that, they could have come into my house anytime, all they had to do was ask!.
(* I was fostering this dog whose name was Spirit, he was taken to a veterinary clinic for treatment of a serious laceration on his right hock, probably HBC. I transported him to the clinic, paid for his treatment, and had him vaccinated and neutered, and continued to foster him after he had recovered. He was shinny, happy, and healthy.)
The ACO’s were a little startled. My dogs were healthy, in clean crates or sleeping on the bed. It became a problem to figure out a reason to take them to the shelter, but they thought of something. They had to take them, because they had a warrant, my animals were obviously not in danger, being abused, in filthy conditions, or starving. They even took my then 14 year old toothless crippled Pomeranian mix because she wasn’t “licensed or microchipped”.
Then things came into focus. I understood WHY thy obtained a warrant and expected to “bust me” housing scads of unvaccinated, starving filthy dogs. The ACO, Tammy asked me about a couple of dogs she saw in the “pictures of my backyard”.(Of course, I wasn’t allowed to see the pictures!) I had no clue WHO she was talking about. I never had dogs matching the descriptions. Then she asked me about an Australian Shepherd. That’s when it clicked!!
A crazy woman was convinced I had a dog she owned for three weeks, returned to the rescue and a month later demanded him back. I only assisted the other rescue with having him neutered and treated for lacerations on his face (he was returned in that condition!) however, I never owned that dog. She drove from Chicago (her name is Susan Nelson), and after she stalked the rescue that had the dog, was wanted on a D felony stalking warrant in Marshall County she found my house, stood over the neighbors fence on their picnic table, and took pictures of my back yard. Then she verbally assaulted and threatened me not once but four separate times. I filed two police reports, but no one had any information about her except her name. That was why Marshall County was unable to arrest her. She would drive to South Bend from Chicago, sleep in her car, and stalk whoever it was she thought had “her” dog that she gave back to the rescue!! Can you say “nutso crazy woman?
Turns out, Susan Nelson, a person wanted on a felony in Marshall county, and a resident of CHICAGO was able to make a report of animal neglect and abuse against me, a citizen of South Bend which resulted in a search and seizure warrant!!!
First of all, the alleged Australian Shepherd was not even LISTED on the warrant, therefore making it unconstitutional for the ACO’s to even ask me or search for a particular item not listed on the warrant!! Secondly, the officers were a little taken aback when they realized that MY backyard did not look like the backyard they had seen in the report and photos from Susan Nelson that they had based their warrant on in the first place!! They took her word, and did not even check to see if the photos matched the property first. They based everything on the testimony of a non-resident who was crazy. (Not only did she stalk me, she stalked my friend, my veterinarian my sister, my brother, and the rescue she originally stalked AFTER they moved to Tennessee!! She also hand delivered a note to someone in FLORIDA threatening them-)
After the officers left with most of the dogs, they told me that they would call in a little while. Less than an hour later, they called. They said I could come and pick up my dogs if I brought their rabies information. I of course had individual files on each dog, so that was easy. They did make me microchip my old dog, because she was the only one NOT chipped out of all of them. Basically, they took my dogs to the shelter so the crazy Nelson woman could look at them and tell them if I had HER dog, which of course, I DID NOT!!
I figured that even though the SBACC knew I fostered several dogs for different groups INCLUDING SBACC, that they would not give all of them back to me. That’s why I had two other rescue group representatives with me, so they could take their dogs if necessary. NOT THE CASE. SBACC did not even LOOK at rabies vaccination info, they just wanted me to microchip and license my old dog. They told me that I could take ALL of the dogs home with me with the exception of Spirit, who would stay at the shelter until he went into rescue in a few weeks.(when he did get to rescue, he was thin, dull coated and looked terrible, thanks to the great care of SBACC).
AFTERMATH:
When I got home with the dogs, they were stressed. Two of them got into such a fight that it resulted in a visit to the vet. These were dogs that lived together for months with no problems. Four of my dogs came down with a case of kennel cough (they had received their initial dose, but weren’t scheduled for the second one until after the incident). So, at that point I had six dogs on antibiotics, and one with sutures. BUT that is not all! I realized after things had settled down that a cat I was fostering who just got her cast off was missing. I found her about a half and hour later. The ACO’s had left my door open, she ran out, jumped from the porch, and her leg was again broken. I spent almost $800 in vet bills from the SBACC’s unlawful search and seizure.
SBACC did, however make me sign a fostering agreement, which they never followed through on.
Suzanne Nelson has been arrested at least twice since this incident. She was convicted of felony stalking. The ACO Tammy admitted to me that Nelson had filed the report and provided the pictures. They just obtained the warrant from the information received from a felon. That’s our SBACC in action. If you really commit a felony against dogs, well, you’re pretty safe in South Bend. You won’t be going to prison or paying a fine anytime soon.
Happily, I no longer reside in the city of South Bend, and I have NO plans to return!
It took me quite a while to get de stressed from this. I decided not to sue SBACC (my constitutional rights were grossly violated) because I thought that I could help the animals more if I didn’t. Indeed, that was true. I was called in regularly to rescue special cases, etc. between 2008-April of 2009 alone, I managed to save over 25 animals from that horrible place.
Then there was the Sebastian and Rilya incident, in 2007, and then the accusations of last April 2009. To this day, Gary Libbey refers to me as an “animal hoarder” That of course isn’t true, but then how seriously can you consider an accusation from a known murderer of innocent animals?
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The following was emailed to us:
Opinion!
Let's analyze the situation. What qualifications do Cathy Toppel and Gary Libbey have to be in their positions to preside over Animal Control. Do either have a degree in non-profit management? No. Do either have any experience in the animal control feild prior to SB Animal Control having been established? No. Do either have a degree in or experience in law enforcement which would be helpful in forming animal neglect, abuse, and fighting cases? No. Have either had any experience handling animal cases in the feild as an Animal Control Officer? No. Have either ever been employed as an animal shelter worker? No. This is reminicent of the Bush Administration and "Brownie Boy" placed as the head of FEMA. What was he, the head of some horse orginization prior to directing FEMA...And look what happened and is still happening...The same thing appears to be taking place at Animal Control. Where are the qualifications and accountablility? It must suck to be an AC employee having to answer to them!
Immune To Ignorance
F Y I:
Many times, animals will be killed before the weekend because there has to be lots of space for incoming, or its just easier to clean the shelter. The sad fact is, there is no reason that Michiana can't follow the more progressive cities and become a NO KILL CITY. It just takes a lot of work, dedication, and knowledgeable staff. If Pet Refuge can be a no kill group with the number of animals they handle every year, then an organization funded by our city should certainly be able to reduce the 90%+ kill rate.
Be sure that your donations actually go to the shelter. If you donate cash, or even when you pay for your pet license, that money goes into a general fund. In other words the city of South Bend doesn't necessarily use it for the care of the animals.
Lois Myers
If South Bend, Indiana is "Building a 21st Century City", why does Mayor Steve Luecke think a true 21st century city includes an 18th century dog pound, complete with a "pound master"?
-Annie Stronghorse
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