Dangerous Dogs, a Felon, and Guns

 by Justin Edson, CCEA, COSS

 

This article ties in Code Enforcement and Animal Control in the State of Washington. I would like to preface this by saying that in many jurisdictions nationwide, Animal Control and Code Enforcement are in the same role and hold dual responsibilities. 

This news article out of Prosser, Washington is by the Tri-City Herald (July 6, 2024). 

My question to you is: do you handle property maintenance complaints? Dangerous dog complaints? How about hoarding? Now let me ask you, do you carry any self defense equipment or body armor? These questions will come back up as we work through this incident. 

This case dates back over 4 years that ended with the County settling with the reporting resident for $1.6 million. 

The property complaints include: broken down cars, piles of tires, dangerous dogs at large, living in RV's, and general property maintenance issues. Neighbors called Code Enforcement and law enforcement numerous times about the issues, primarily the dangerous dogs.

"The Gregersons were in their front yard when a pack of seven pit bulls attacked. A neighbor had to grab a shovel to fight them off. The neighbor who was threatened this week had previously told deputies the attacks became so frequent that he began carrying a gun in his orchard for protection. Their small dog was killed the same day the Gregersons were attacked."

"He allegedly told the neighbor and his employee “if they shot his dog, he was going to shoot back.”

"Court documents previously obtained by the Herald show that after attacks or near misses, various residents would allegedly coordinate to hide the dogs before code enforcement or deputies could arrive to seize them."

"Ziegler has been cited several times by code enforcement employees and has been issued dangerous dog declarations."

You are the Code Enforcement Officer/Animal Control Officer handling these complaints from numerous neighbors with local Deputies. How would you proceed? Are you tied into your law enforcement database to see the calls for service? When I spoke to some Code Enforcement agencies, they tell me they are lucky to have access to property history and calls for service. This is one officer safety tool - to know what you might be going into and if you need backup or law enforcement. 

Up to this point you have numerous residents attacked by these dogs and the owner is threatening to shoot anyone who shoots his dogs in self defense. Oh and we find out that the owner is a felon who cannot possess firearms. 

"The deputies requested a search warrant and found a 9mm handgun in plain sight in the trailer on top of a makeshift woodstove. They also found three rifles ranging in caliber from a .22 long rifle, to a .270 and a 30-30 rifle, as well as 12 gauge shotgun shells and a muzzle loaded rifle, said the documents."

"Deputies ran a background check and found that he also had a felony conviction for second-degree theft and a previous conviction for unlawful possession of a firearms. Court records show McCoy has a lengthy history of drug and theft charges in Benton and Yakima counties."

It does appear that Deputies were on scene when Code Enforcement responded. Based on the details from the settlement, it looks like due to a drawn out case and lack of action, the County had to pay the reporting party $1.6 million.

This settlement is "related to a 2022 attack by a pack of dogs, attorneys for the family told the Herald that neighbors were concerned about speaking out because there were still aggressive dogs on the property and at least one person making threats."

As of this article it seems that there are still dangerous dog issues on this property. I do not know the ordinances for this County or for Washington, but it appears that enforcement is still very much needed. Typically we would see local Code Enforcement, Animal Control, Law Enforcement, and the agency's attorney provide documentation and evidence to the local court to obtain a warrant to seize the dogs and abate the property. Law enforcement would need to be involved at every point for safety due to the felons and firearms. 

Looking back on the details of this case, I would say it is clear that Code Enforcement interacts with dangerous dogs and cases that involve felons with guns. It takes an alert officer with the right resources to tap into local law enforcement records to determine property history. Even with law enforcement joining you on the inspection, body armor is very much needed. There was an incident at a homeless camp in Riverside, California where Code Enforcement was with Police Officers when a transient fired a round. Again, I will continue to beat the drums that body armor cannot hurt anyone, but it can save a life. 

Our goal at the end of the day is to use our resources and ordinances to ensure public health and safety. This article highlights some of the dangers we all face with the possibility of responding to a complaint with felons, guns, and dangerous dogs. Remember in 2022, Jacqueline Summer Beard who worked for the State of Alabama, responded to a dog attack complaint. She was attacked before she could retreat to her vehicle and died from her injuries. The dog owners were arrested for manslaughter without bail. 

Be safe out there. Understand the threats. Train and be prepared. We are here to help and support you in this noble profession. 

 

Article: https://www.tri-cityherald.com/news/local/crime/article289711054.html

 

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About the Author

Justin Edson is a Public Safety Manager in California and previously served as a Building, Neighborhood Services, and Code Enforcement Manager across several cities. He is an ICC Certified Code Enforcement Administrator and a POST Field Training Officer. Prior to his 8+ years in Code Enforcement, he was with a Police Department for nearly 10 years. Justin was the Founding President of the Code Enforcement Officer Safety Foundation.