It was a ‘Dog Day Afternoon’ in WC General District Court as Commonwealth Referees Atwood-WCSO Dog Seizure Cases

As temperatures outside climbed toward the mid-to-upper 90s, a request to have custody of an approximately 10-year-old, crippled female Dachshund called “Baby Girl” transferred from its caretaker Kristie Atwood to the Warren County Sheriff’s Office was resolved by “non-suit” agreed to by the Commonwealth, the defendant, and her counsel David Silek at a hearing on Wednesday afternoon, July 12.

It was explained to this reporter outside the courtroom following the non-suit that Atwood takes physically-impaired dogs that may be on the verge of being put down from various regional rescue operations and fosters them to offer them some remaining quality of life.

According to the Commonwealth’s petition for a hearing on the matter, the dog was seized on June 30 by WCSO Deputy A. Dawson in response to a neighbor’s complaint about a dog running loose that was established to belong to Kristie Atwood, who lived nearby. Atwood later explained to Royal Examiner that she has a “doggie door” for her fostered, as well as some family dogs to go in and out onto her 22-acre property. And that due to their generally poor condition, a number without the use of their rear legs, a typical old-age problem for Dachshunds she observed, they generally do not roam far or off her property. She said due to a lack of information from the sheriff’s office, she does not know if Baby Girl was taken on or off her property. The County does have a ‘dogs must be leashed’ to prevent them from running at large outside of fenced yards ordinance, it was noted during Wednesday’s hearing.

The result of the non-suit in the case of this one of 18 more dogs eventually seized into custody by the Sheriff’s Office from Atwood on July 5 will be that Baby Girl will be returned to its technical owner, the Charlottesville-based Rescue Group “K Kids Rescue.” The remaining dogs, it appears for now, will remain in the custody of the Humane Society of Warren County Julia Wagner Animal Shelter, which often operates near its shelter capacity without the sudden influx of 18 or 19 seized dogs from one household.

From the report of Deputy Dawson attached to the Commonwealth’s petition for Wednesday’s hearing, Atwood’s role in mentoring crippled and handicapped dogs was not known at the time they were seized. Rather, it seemed the deputy may have inferred abuse or neglect as the cause of the animal’s conditions.

“The dachshund dog was located and observed to have no use of hind limbs, underweight, and an open wound was observed on the rear paw. Upon further observation, the dog was noted to have numerous open wounds and sores. The dog was taken into custody for medical care,” the deputy wrote, noting that he was “advised the owner was Kristie Atwood,” adding, “Since the incident where this dog was taken for medical care, a search warrant has been obtained and executed where an additional 18 dogs were seized from the residence.”

Judge Mary Daniel observed in accepting the non-suit resolution on custody of Baby Girl on July 12 that her decision “has no effect on things not in front of the court today.” Those things were not before the court Wednesday, July 12, being possession and custody of the remaining 18 dogs taken from the Atwood home. Atwood expressed concern after the court was adjourned that three of the dogs taken that are partially paralyzed will be put down now that they have been removed from her fostering care designed to extend their lives beyond the point rescue operations or shelters would face for euthanizing dogs with little to no adoption possibilities and limited facility space. It may be noted, however, that the Wagner Shelter has become a “no-kill” shelter in recent years.

Royal Examiner file photo of Kristie Atwood and attorney David Silek during hearing on issues unrelated to Atwood’s recent dispute with the WCSO over the condition of 19 dogs in her custody, 14 from various regional rescue groups; two belonging to her son; and three to her. Atwood and her attorney Silek have asserted that she fosters dogs on the verge of being euthanized due to their poor physical condition and that she is not an abuser of her fostered dogs or her family’s own dogs. It must also be noted that the Feature Image of the ambulance outside the courthouse is also a file photo and was not taken this Wed. but rather was included for dramatic effect related to the ‘Dog Day Afternoon’ headline film reference.

Questioned about a next step, Atwood said she had not yet been informed about a hearing date on the other 18 dogs but that her attorney was trying to establish a date, possibly in the coming week, for her to begin to act to regain custody of the other dogs. She pointed out two of those dogs belong to her son, including one service dog; 11 are being fostered from K-Kids Rescue; two are hospice fosters from other rescue groups; and three are her own.

She also noted that her attorney had filed a counter suit against the Warren County Sheriff’s Office for violation of her 4th Amendment Constitutional protection against unlawful search and seizure in the July 5th taking of the 18 dogs in her home, five days after the seizure of Baby Girl.

Atwood said she was never contacted by the sheriff’s office about the circumstance of her possession of the 19 dogs and their conditions, including Baby Girls, prior to the July 5th seizure of the remaining 18. She also noted that she believed transport of the dogs that day by the sheriff’s office with temperatures, like this past Wednesday in the 90s, had been done against codes that require a certain amount of separation and that animals be in vehicles with some sort of circulated or cooled air when moved in excessively high temperatures.

Stay tuned as this “Dog Day Afternoon” drama continues to unfold — with a nod to the 1975 crime film featuring Al Pacino and John Cazale.