While I don't have detailed information regarding this particular case, I did confirm the following:
Jackson County has a long history of a "good ol' boy" network within its legal system. The county's judges, attorneys, and sheriff are all related to each other (cousins I believe.)
According to NC law (I confirmed this today): no NC judge has the authority to order an animal destroyed unless the animal has killed a person or has previously been declared dangerous and then subsequently caused serious injury or death to a person. The sole exception is if an animal is rabid. In other words - the judge can NOT order the animal destroyed simply for being stray or running loose. The judge would not only be overturned, a case could be made for judicial review in such a case. We've had judges disciplined for less in this state. While wide latitude is often given, the judicial review committee has a history of taking poorly to judges that try to go outside their authority.
I also confirmed: a class 3 misdemeanor can ONLY be applied (max $500 fine or 30 days in jail) if INTENT is proven in letting an animal run loose at night. It is almost impossible to prove intent, so any case would be overturned on appeal. Simply running "at large" is only a civil penalty and so can only be a fine.
I'm still trying to find more details, but everyone I spoke with (even with some familiarity with Jackson County) quickly remarked that there must be more to this case than is being presented.
George
Jackson County has a long history of a "good ol' boy" network within its legal system. The county's judges, attorneys, and sheriff are all related to each other (cousins I believe.)
According to NC law (I confirmed this today): no NC judge has the authority to order an animal destroyed unless the animal has killed a person or has previously been declared dangerous and then subsequently caused serious injury or death to a person. The sole exception is if an animal is rabid. In other words - the judge can NOT order the animal destroyed simply for being stray or running loose. The judge would not only be overturned, a case could be made for judicial review in such a case. We've had judges disciplined for less in this state. While wide latitude is often given, the judicial review committee has a history of taking poorly to judges that try to go outside their authority.
I also confirmed: a class 3 misdemeanor can ONLY be applied (max $500 fine or 30 days in jail) if INTENT is proven in letting an animal run loose at night. It is almost impossible to prove intent, so any case would be overturned on appeal. Simply running "at large" is only a civil penalty and so can only be a fine.
I'm still trying to find more details, but everyone I spoke with (even with some familiarity with Jackson County) quickly remarked that there must be more to this case than is being presented.
George
