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Should dog abandoned on mountain be given back: Part 2, update

This is a forum to discuss legislation and legal matters pertaining to the rights and welfare of dogs. Please remember to counter ideas and opinions with which you don't agree with friendly and helpful advice and responses.

  
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Augusta,- CGC, RN

Such a Good Dog!
 
 
Barked: Wed Aug 29, '12 3:55pm PST 
I thought I should start a new thread--the plot has taken a twist, not unexpected I suppose . . . The Brothers of Lucky Rescue page has updated that Animal Control is intending (or has, not sure which) to take Lucky-Missy from the vet's and keep her in a shelter until litigation is settled . . . ugh. The Washburns are trying to see if she can be fostered . .. but there is some worry that AC won't allow it, perhaps for political reasons, perhaps for fear she might be liable to disappear . . ..


update on lucky missy

I'm already torn about the idea of the poor girl's fate being in limbo even until Oct. 16--ridiculous when she's the innocent victim in all this . . . but imagining the sorts of legal strategies and continuances etc. that could be pulled and drag out.

Ugh,I'd rather see it settled quickly with a slap on the wrist, than have the dog continue to pay . . . .shrug

Edited by author Wed Aug 29, '12 3:57pm PST

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Twister

Love me.
 
 
Barked: Wed Aug 29, '12 4:20pm PST 
Personally, I would rather the dog go back to the original owner instead of sitting in a shelter.frown

Edited by author Wed Aug 29, '12 4:21pm PST

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Kali

She's game for- anything that's- fun.
 
 
Barked: Wed Aug 29, '12 7:01pm PST 
What a real shame. Why do people have to be greedy (for media attention) and selfish. What ever happened to the best interest of the animal? Sometimes, the hardest thing to do is the right thing. shrug
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Kali

She's game for- anything that's- fun.
 
 
Barked: Wed Aug 29, '12 7:07pm PST 
Someone should send these Dogster threads relating to Missy to her former owner, so he can read everyone's opinion on his lack of actions on her part. Then maybe he would let her go. frown I don't understand why he wants her back anyway? She was too much trouble to go back and get off the mountain. I would think from his previous inaction that he would be glad to be rid of her?
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Titus

Cave canis- vigilo omnis
 
 
Barked: Wed Aug 29, '12 9:33pm PST 
I agree with Twister - I'd rathe see her go back to her original owner than languish in a shelter for days, weeks, or months.

He might not be the kind of owner we all wish he were, but he IS her owner in the eyes of the law (for now, anyway).
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MIKA&KAI

Akita Pals- Always.
 
 
Barked: Wed Aug 29, '12 11:30pm PST 
It is very sad that Missy- Lucky is being put into a shelter to await a court decision. I do not think returning her to the owner that abandoned her is the right thing either. It would be wonderful if the poor pup could be put into a foster situation until this is decided. It is unfortunate that the law sees them as property and not living beings and fails to consider the best interests of the dog. I can promise you were the dog a child a parent abandoning the child would have their parental rights terminated,and the child would be offered for adoption to the foster family or other qualified adopter. Where has common sense gone?
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Twister

Love me.
 
 
Barked: Thu Aug 30, '12 3:56pm PST 
Except I highly doubt they would have left a child.shrug Not everyone thinks the same way about animals as most here on Dogster do. Originally, yes I did (and kinda still do) agree that the owners didn't deserve to get her back. But that is kinda ambiguous, because while some may not 'deserve' something, that does not mean that they absolutely 'should not', ya know?wink They did make a huge mistake, a really bad one in the eyes of many people...but that doesn't mean that they do not still love her; or that they can not take good care of her now (I would say quite a big lesson learned). I think they do still love her, or else they would not be going through all this trouble trying to reclaim her, and I think they were probably relieved to hear that she had been found and rescued. What I don't think the rescuers should have done was to keep her after the owner stepped forward. Legally, that was wrong. Now because neither party wants to relinquish their 'rights' (and technically, the rescuers have no rights to her...back to the child scenario, it would be called kidnapping and they would be put in jail if they had done that...though I know this situation is not so clear cut) to her she is stuck in limbo in a shelter.frown It's all pretty much a mess. Hopefully in Oct the courts will make a good decision based on all the facts, perhaps some we don't know about.wink
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Augusta,- CGC, RN

Such a Good Dog!
 
 
Barked: Thu Aug 30, '12 5:15pm PST 
I don't think the rescuers "kept" her after the owner stepped forward. I read the entire thread organizing the rescue and the heated discussion on the 14er forum . . .The owner came onto the thread at 14ers sometime in the wee hours the day after she was rescued, by then the dog had been taken to the vet and was being tended to.

Another hiker who posted on the thread, had witnessed the two men with the dog on the day she was left, and when he realized how long it had between the day and when she was found he was horrified, which is how they put together just how long she'd been up there---he felt compelled to talk to authorities (he was not one of the rescuers). Also the prosecutor who chose to bring charges is a member of the 14er site and posted on the thread (also not one of the rescuers).

It looks like very quickly an investigation was under way and the dog came to be under Animal Control's authority almost immediately before she ever left the vet. I think the ball got rolling well before or at least at the same time the owner outed himself . . .. not to mention I think Scott Washburn's wife posted about the success on the thread---I doubt the rescuers had any reason to rush back to check the thread until they heard about the uproar after Ortolani posted.

And just because a guy comes forward on a thread and claims to be the owner . . . you'd want some independent verification at any rate . . . .

I think if he had had proper I.D on his dog rather than just a rabies tag, Scott Washburn might well have called Ortolani the day he and his wife found her . . ..before he even started the thread. So again, the owner's failure to plan ahead, think or prepare contributed to the way things unfolded . . ..

I know what you mean Twister, I don't think the owner is evil incarnate, and probably can learn from this, I certainly know people who don't take exceptionally thoughtful care of their dogs, they just don't get caught with their pants down in such a dramatic fashion because they don't do such physical stuff with their dogs . . . ..

At any rate, it'd probably be hard for him to hike another 14er in Colorado with her and not get recognized . . ..

Edited by author Thu Aug 30, '12 5:17pm PST

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Sanka- I'll Miss- You

The ground is my- newspaper.
 
 
Barked: Thu Aug 30, '12 6:23pm PST 
Yeah, I don't think the original owner a big meanie or anything.

But the whole 8 days thing is what makes me think he lost his privilege to the dog. Even if the dog had died, you don't leave the body on a trail for others to walk by. Had he made a second attempt or called again referencing that their may be a dog's body on the trail (if he wasn't able to go there himself, which he claims) then I'd have no problem with him getting the dog back. He'd get a stern talking too, but since he would have taken initiative to pick up after his mistake, I would consider it proactive and lesson learned.

But he didn't. Gave up and just left the dog there after one night.shrug That's abandonment to me.
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MIKA&KAI

Akita Pals- Always.
 
 
Barked: Thu Aug 30, '12 10:40pm PST 
I have a problem with both the fact that he left the dog there for 8 days presumed dead,then suddenly claimed to love her and want her back and later said he could not wait to take her hiking again. Is that really a lesson learned? I have my doubts.

As far as people abandoning children,it happens all of the time,have you never seen a story about a baby found in a dumpster? Child abandoned at a roadside rest stop? A child left for days without food or care while a drug addicted mother is too high to remember where she left the child or for how long? Left on a mountain to die no,I have not heard of cases like that but the others I have mentioned seem to be in the news quite often,that is why many states now have bassinets just inside their ER doors,at fire stations and in some cases churches,it is called the safe haven law. The parent will not be charged if they leave their newborn child in one of these places.Older children have also been left in hospital ER's so sadly there are people who do in fact abandon their children.
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