|
These hunting dogs taken by Spotsylvania animal control officers, shown here five days after being found, were returned to their owner. A judge found no evidence of neglect. |
A week after Jake Payne's dogs were impounded because of what authorities said was malnourishment and neglect, a judge ruled that Payne would be permitted to keep the foxhounds.
The dogs were confiscated last week by a Spotsylvania County animal control officer who testified she found them in the woods. She said they seemed to be severely underweight and dehydrated and had bleeding paws.
"These were walking bones," S.A. Duncan said yesterday in court.
Duncan said she picked up the dogs about 1:30 p.m. Friday, and Payne said they had been on a "run" since 8:30 the night before.
The case drew public attention when Spotsylvania Supervisor Emmitt Marshall went with 24-year-old Payne to an animal hospital Saturday and reportedly attempted to pressure the county not to press charges.
Marshall did not testify on Payne's behalf yesterday, but multiple witnesses took the stand in Payne's defense to say that foxhounds used for hunting often look very thin and can have cuts and medical issues after they've been on a hunt.
"These dogs are very resilient. In two or three days, they'll be right back wanting to go again," said Stuart McGhee, a Louisa County animal control officer who said he has hunted for years.
David Parker, a veterinarian from Stuarts Draft in Augusta County and an avid hunter, said the average weight of a hunting Walker foxhound, which Payne's dogs are, is between 50 and 60 pounds, and can be less than that after a hunt.
That opinion contradicted what Spotsylvania veterinarian Katherine Siefker said.
Siefker told the judge the dogs should each weigh between 65 and 70 pounds, but said she didn't know the breed.
She reported that the dogs weighed 47 and 49 pounds when animal control officers left them in her care.
Payne's defense attorney, Beverly Haney, used the discrepancy to help argue that those trying to confiscate Payne's dogs weren't familiar enough with hunting dogs to say whether they were in poor condition.
"If you start in the wrong place, you end up in the wrong place," Haney said. "Her expectations of what she thought the dogs should weigh was wrong."
Other issues Siefker pointed out about the dogs were infections of their eyes, ears and paws as well as protruding spines, skulls and hip bones.
Defense witnesses, though, said those things may seem inappropriate for some dogs, but were all normal conditions for a foxhound returning from hunting.
Payne said they were all conditions he could typically treat at home, and if medication was needed, he made a trip to the vet's office.
"We have not outlawed fox hunting with dogs," Haney said.
Hanover Assistant County Attorney Rebecca Randolph, who represented the county because Spotsylvania County Attorney Jacob Stroman recused himself to avoid a conflict of interest, asked the judge to order Payne to reimburse the county for the more than $1,000 cost of treating the dogs.
Judge William J. Cox said not only that he saw no evidence that the dogs had been mistreated, but that Payne shouldn't have to pay because he was never given the opportunity to treat the medical issues himself.
"I am unable to say with any degree of certainty that these dogs have been neglected," he said.
Randolph said after court that the case may not be completely over.
"There are still grounds for charging criminal animal cruelty and neglect," she said.
Ellen Biltz: 540/374-5424
Email: ebiltz@freelancestar.com
